IV 

111TH CONGRESS 

1ST SESSION H. RES. 867 

Calling on the President and the Secretary of State to oppose unequivocally 

any endorsement or further consideration of the ‘‘Report of the United 

Nations Fact Finding Mission on the Gaza Conflict’’ in multilateral 

fora. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 23, 2009 

Ms. ROS-LEHTINEN (for herself, Mr. BERMAN, Mr. BURTON of Indiana, and 

Mr. ACKERMAN) submitted the following resolution; which was referred 

to the Committee on Foreign Affairs 

RESOLUTION 

Calling on the President and the Secretary of State to oppose 

unequivocally any endorsement or further consideration 

of the ‘‘Report of the United Nations Fact Finding Mission on the Gaza Conflict’’ in multilateral fora. 

Whereas, on January 12, 2009, the United Nations Human 

Rights Council passed Resolution A/HRC/S–9/L.1, which 

authorized a ‘‘fact-finding mission’’ regarding Israel’s 

conduct of Operation Cast Lead against violent militants 

in the Gaza Strip between December 27, 2008, and January 18, 2009; 

Whereas the resolution pre-judged the outcome of its investigation, by one-sidedly mandating the ‘‘fact-finding mission’’ to ‘‘investigate all violations of international human 

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•HRES 867 IH 

rights law and International Humanitarian Law by . . . 

Israel, against the Palestinian people . . . particularly in 

the occupied Gaza Strip, due to the current aggression’’; 

Whereas the mandate of the ‘‘fact-finding mission’’ makes no 

mention of the relentless rocket and mortar attacks, 

which numbered in the thousands and spanned a period 

of eight years, by Hamas and other violent militant 

groups in Gaza against civilian targets in Israel, that necessitated Israel’s defensive measures; 

Whereas the ‘‘fact-finding mission’’ included a member who, 

before joining the mission, had already declared Israel 

guilty of committing atrocities in Operation Cast Lead by 

signing a public letter on January 11, 2009, published in 

the Sunday Times, that called Israel’s actions ‘‘war 

crimes’’; 

Whereas the mission’s flawed and biased mandate gave serious concern to many United Nations Human Rights 

Council Member States which refused to support it, including Bosnia and Herzegovina, Cameroon, Canada, 

France, Germany, Italy, Japan, the Netherlands, the Republic of Korea, Slovakia, Slovenia, Switzerland, Ukraine, 

and the United Kingdom of Great Britain and Northern 

Ireland; 

Whereas the mission’s flawed and biased mandate troubled 

many distinguished individuals who refused invitations to 

head the mission; 

Whereas, on September 15, 2009, the ‘‘United Nations Fact 

Finding Mission on the Gaza Conflict’’ released its report; 

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Whereas the report repeatedly made sweeping and unsubstantiated determinations that the Israeli military had deliberately attacked civilians during Operation Cast Lead; 

Whereas the authors of the report, in the body of the report 

itself, admit that ‘‘we did not deal with the issues . . . 

regarding the problems of conducting military operations 

in civilian areas and second-guessing decisions made by 

soldiers and their commanding officers ‘in the fog of 

war.’ ’’; 

Whereas in the October 16th edition of the Jewish Daily Forward, Richard Goldstone, the head of the ‘‘United Nations Fact Finding Mission on the Gaza Conflict’’, is 

quoted as saying, with respect to the mission’s evidencecollection methods, ‘‘If this was a court of law, there 

would have been nothing proven.’’; 

Whereas the report, in effect, denied the State of Israel the 

right to self-defense, and never noted the fact that Israel 

had the right to defend its citizens from the repeated violent attacks committed against civilian targets in southern Israel by Hamas and other Foreign Terrorist Organizations operating from Gaza; 

Whereas the report largely ignored the culpability of the Government of Iran and the Government of Syria, both of 

whom sponsor Hamas and other Foreign Terrorist Organizations; 

Whereas the report usually considered public statements 

made by Israeli officials not to be credible, while frequently giving uncritical credence to statements taken 

from what it called the ‘‘Gaza authorities’’, i.e. the Gaza 

leadership of Hamas; 

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Whereas, notwithstanding a great body of evidence that 

Hamas and other violent Islamist groups committed war 

crimes by using civilians and civilian institutions, such as 

mosques, schools, and hospitals, as shields, the report repeatedly downplayed or cast doubt upon that claim; 

Whereas in one notable instance, the report stated that it did 

not consider the admission of a Hamas official that 

Hamas often ‘‘created a human shield of women, children, the elderly and the mujahideen, against [the Israeli 

military]’’ specifically to ‘‘constitute evidence that Hamas 

forced Palestinian civilians to shield military objectives 

against attack.’’; 

Whereas Hamas was able to significantly shape the findings 

of the investigation mission’s report by selecting and 

prescreening some of the witnesses and intimidating others, as the report acknowledges when it notes that ‘‘those 

interviewed in Gaza appeared reluctant to speak about 

the presence of or conduct of hostilities by the Palestinian armed groups . . . from a fear of reprisals’’; 

Whereas even though Israel is a vibrant democracy with a 

vigorous and free press, the report of the ‘‘fact-finding 

mission’’ erroneously asserts that ‘‘actions of the Israeli 

government . . . have contributed significantly to a political climate in which dissent with the government and its 

actions . . . is not tolerated’’; 

Whereas the report recommended that the United Nations 

Human Rights Council endorse its recommendations, implement them, review their implementation, and refer the 

report to the United Nations Security Council, the Prosecutor of the International Criminal Court, and the 

United Nations General Assembly for further action; 

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Whereas the report recommended that the United Nations 

Security Council— 

(1) require the Government of Israel to launch further investigations of its conduct during Operation Cast 

Lead and report back to the Security Council within six 

months; 

(2) simultaneously appoint an ‘‘independent committee of experts’’ to monitor and report on any domestic 

legal or other proceedings undertaken by the Government 

of Israel within that six-month period; and 

(3) refer the case to the Prosecutor of the International Criminal Court after that six-month period; 

Whereas the report recommended that the United Nations 

General Assembly consider further action on the report 

and establish an escrow fund, to be funded entirely by 

the State of Israel, to ‘‘pay adequate compensation to 

Palestinians who have suffered loss and damage’’ during 

Operation Cast Lead; 

Whereas the report ignored the issue of compensation to 

Israelis who have been killed or wounded, or suffered 

other loss and damage, as a result of years of past and 

continuing rocket and mortar attacks by Hamas and 

other violent militant groups in Gaza against civilian targets in southern Israel; 

Whereas the report recommended ‘‘that States Parties to the 

Geneva Conventions of 1949 start criminal investigations 

[of Operation Cast Lead] in national courts, using universal jurisdiction’’ and that ‘‘following investigation, alleged perpetrators should be arrested and prosecuted’’; 

Whereas the concept of ‘‘universal jurisdiction’’ has frequently been used in attempts to detain, charge, and 

prosecute Israeli and United States officials and former 

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officials in connection with unfounded allegations of war 

crimes and has often unfairly impeded the travel of those 

individuals; 

Whereas the State of Israel, like many other free democracies, has an independent judicial system with a robust 

investigatory capacity and has already launched numerous investigations, many of which remain ongoing, of Operation Cast Lead and individual incidents therein; 

Whereas Libya and others have indicated that they intend to 

further pursue consideration of the report and implementation of its recommendations by the United Nations Security Council, the United Nations General Assembly, the 

United Nations Human Rights Council, and other multilateral fora; 

Whereas the President instructed the United States Mission 

to the United Nations and other international organizations in Geneva to vote against resolution A–HRC–S–12– 

1, which endorsed the report and condemned Israel, at 

the special session of the Human Rights Council held on 

October 15–16, 2009; 

Whereas, on September 30, 2009, Secretary of State Hillary 

Clinton described the mandate for the report as ‘‘onesided’’; 

Whereas, on September 17, 2009, Ambassador Susan Rice, 

United States Permanent Representative to the United 

Nations, expressed the United States’ ‘‘very serious concern with the mandate’’ and noted that the United States 

views the mandate ‘‘as unbalanced, one-sided and basically unacceptable’’; 

Whereas the ‘‘Report of the United Nations Fact Finding 

Mission on the Gaza Conflict’’ reflects the longstanding, 

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historic bias at the United Nations against the democratic, Jewish State of Israel; 

Whereas the ‘‘Report of the United Nations Fact Finding 

Mission on the Gaza Conflict’’ is being exploited by 

Israel’s enemies to excuse the actions of violent militant 

groups and their state sponsors, and to justify isolation 

of and punitive measures against the democratic, Jewish 

State of Israel; 

Whereas, on October 16, 2009, the United Nations Human 

Rights Council voted 25–6 (with 11 states abstaining and 

5 not voting) to adopt resolution A–HRC–S–12–1, which 

endorsed the ‘‘Report of the United Nations Fact Finding Mission on the Gaza Conflict’’ and condemned Israel, 

without mentioning Hamas, other such violent militant 

groups, or their state sponsors; and 

Whereas efforts to delegitimize the democratic State of Israel 

and deny it the right to defend its citizens and its existence can be used to delegitimize other democracies and 

deny them the same right: Now, therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) considers the ‘‘Report of the United Nations 

3 Fact Finding Mission on the Gaza Conflict’’ to be 

4 irredeemably biased and unworthy of further consid5 eration or legitimacy; 

6 (2) supports the Administration’s efforts to 

7 combat anti-Israel bias at the United Nations, its 

8 characterization of the ‘‘Report of the United Na9 tions Fact Finding Mission on the Gaza Conflict’’ as 

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1 ‘‘unbalanced, one-sided and basically unacceptable’’, 

2 and its opposition to the resolution on the report; 

3 (3) calls on the President and the Secretary of 

4 State to continue to strongly and unequivocally op5 pose any endorsement of the ‘‘Report of the United 

6 Nations Fact Finding Mission on the Gaza Conflict’’ 

7 in multilateral fora; 

8 (4) calls on the President and the Secretary of 

9 State to strongly and unequivocally oppose any fur10 ther consideration of the ‘‘Report of the United Na11 tions Fact Finding Mission on the Gaza Conflict’’ 

12 and any other measures stemming from this report 

13 in multilateral fora; and 

14 (5) reaffirms its support for the democratic, 

15 Jewish State of Israel, for Israel’s security and right 

16 to self-defense, and, specifically, for Israel’s right to 

17 defend its citizens from violent militant groups and 

18 their state sponsors. 

Æ 

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