Date: 1982-02-24
Speaker: ROBERT C. BYRD (democrat)
Chamber: S

Mr. President. earlier this month the United Nations condemned Israel for taking steps to annex the Golan Heights. Some 86 nations voted in favor of this resolution which also called upon all nations of the world to isolate totally a friend and ally of the United States. Many observers of the United Nations scene interpret this action as laying the basis for suspending Israel from participation in the 37th General Assembly when it convenes this fall. In fact. there are reports that Syria is actively pursuing this course of action. Mr. President. not only would such an action be illegal under the United Nations Charter. it also would represent the height of hypocrisy. That is why I am gong to offer a senseoftheSenate resolution today on behalf of myself and my distinguished colleague from New York. Mr. MOYNIHAN. The resolution is simple. If the General Assembly votes to suspend. expel. or deny Israel its credentials. then the U.S. Government is urged to do two things: First. we should withhold our own participation inthe General Assembly. and second. we should withhold our assessed contributions to the United Nations until the Assembly overturns this illegal action. If the United Nations majority was to take steps to deny Israels participation in the 37th General Assembly. such an action would be a clear violation of the U.N. Charter. The legality issue was addressed in a report prepared by the Congressional Research Service of the Library of Congress in response to a request from the Sonate Committee on Foreign Relations. Issued on September 30. 1980. the Congressional Research Service study analyzed the legal aspects of credentials challenges in the United Nations General Assembly. According to the study. during the 25th U.N. General Assembly. the United Nations Legal Counsel defined the credentials of a representative to an international organization "as the document attesting that the person or persons named are entitled to represent their State at theaseat of or at meetings of the Organization." As such. the Legal Counsel stated that only two basic types of questions can be raised regarding the legitimacy of a countrys delegation to the Assembly. These involve: First. A technical question as to whether a delegation has received and presented proper credentials from its government indicating it is an authorized representative of that government. or. Second. A broader question of which governmental delegation properly represents a country. When the issue of South Africas credentials was raised during the 25th General Assembly in 1970. the U.N. Legal Counsel was requested to render an opinion to the Assembly President. According to the Congressional Research Service study. the United Nations Legal Counsel reported td the Assembly President. A statement on the scope of "credentials" issues in Rule 27 of the Assembly Rules of Procedure: After exploring the general practice relative to the treatment of credentials for the General Assembly. the Legal Counsel offered the following opinion: 6. Should the General Assembly. where there is no question of rival claimants. reject. credentials statisfying the require ments of Rule 27 for the purpose of excluding a Member State from participation in its meetings. this would have the effect of suspending a Member State from the exercise of rights and privileges of membership in a manner not foreseen by the Charter. Article 5 of the Charter laM down the following requirement for the suspension ofa Member State from the rights and privileges of membership: (A) Preventive or enforcement action has been taken by the Security Council against the Member State concerned. (B) The Securty Council has to recommend to the General Assembly that the Member State concerned be suspended from the exercise of the rights and privileges of membership. (C) The General Assembly has to act affirmatively on the foregoing recommendation by a twothirds vote. in accordance with Article 18. paragraph 2. of the Charter. which lists "suspension of the rights and privileges of membership" as an "Important question." The participation in meetings of the General Assembly is quite clearly one of the important rights and privileges of membership. Suspension of this right through the rejection of credentials would not satisfy the foregoing requirements and would therefore be contrary to the Charter. Thus. it is clear that a General Assembly action which would suspend. expel or deny Israels credentials would be an illegal actioil. For the General Assembly to take such an action. there would first have to be a recommendation by the Security Council under article 5 of the charter. I find it rather ironic that countries such as Syria and other Moslem countries would feel compelled to take such action against Israel. After all. a puppet government has been installed in Afghanistan. That government was installed by force by an outside power. an act considered to be in violation of article 2. paragraph 4 of the U.N. Charter. Yet. there has not been any worldwide movement to challenge the credentials of the Sovietimposed Afghan Government. Aid Soviet troops continue their slaughter of the Afghan people. the vast majority of whom are Moslem. Apparently. some Moslem nations do not share concern for their Moslem brothers in Afghanistan. Yet. I am unaware of any nonalined nation requesting the Security Council to take sanctions action against the Soviets. In addition. the armies of Vietnam continue to occupy Kampuchea. Yet. where is the worldwide movement to suspend Vietnam from participation in the General Assembly? Finally. what of the Sovietinspired military crackdown in Poland. What has the United Nations done to assist the vast majority of the people of Poland? These examples only place into clear focus the sheer hypocrisy of actions against Israel in the United Nations. Jsrael is a democratic nation whose leaders are elected by the citizens of that country. The Government of Israel was hot installed as the puppet of an outside power. In fact. modernday Israel was created by the United Nations. As to the action of the Knesset which extended Israeli law to encompass the occupied Golan Heights. I. for one. agreed with that action. It is Syrias own fault. The Golan Heights are strategically important to the security of Israel. Syria has done everything possible to undermine the Camp David agreement and the peace process. And in the face of increasing belligerency on the part of the Syrians. it was qply natural that Israel would take steps necessary to enhance her own national security. In conclusion. I think it is important for the Senate to go on record in opposition to any action which would deny Israels participation in the United Nations. And I think it is important that a signal be sent to the nations of the world. that the United States will not stand idly by if Israel is suspended or expelled from the General Assembly. Therefore. I offer. and hope for early action on. this resolution as an unmistakable signal of what the United States would do if the United Nations General Assembly undertakes an illegal action of this nature. Mr. President. I am proud to say again that Mr. MOYNIHAN. a very able individual in the context of the United Nations actions. experience. and understanding of the charter. is a cosponsor of the resolution. I ask unanimous consent that the resolution be printed in the RECORD and appropriately referred.