Letter to the Minister of Foreign Affairs Bill Graham, Call for Peacekeeping and Respect for International Law in the Middle East

The Honourable Bill Graham, P.C., Q.C., B.A. (Hon.), LL.B.
Minister of Foreign Affairs
Lester B. Pearson Building
Ottawa, ON
K1A 0G2

Re: Call for Peacekeeping and Respect for International Law in the Middle East


April 2, 2002

Dear Minsiter,

The Israeli-Palestinian conflict has entered an unprecedented bloody phase. There are increasingly horrendous attacks on innocent civilians on both sides and the Chairman of the Palestinian Authority is threatened with exile. In the words of the Secretary General of the United Nations, Kofi Annan, although it is difficult to believe that the situation could become worse, it is getting worse every day. I believe the international community must intervene.

I am calling once again for a United Nations international peacekeeping force to stand between Palestinians and Israelis to prevent further carnage. In my view there is overwhelming evidence that these incidents constitute a "threat to peace" under Chapter VII of the United Nations Charter and the UN has an obligation to take action. I understand that Israel has previously objected to any UN peacekeeping force but their military initiatives have failed in preventing violence and the escalation of the conflict.

Combined with such a measure, there must be a full withdrawal of Israeli occupation of the West Bank and Gaza. We believe that the Israeli occupation is contrary to Article 2 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War adopted on 12 August 1949 and is the root cause of the Palestinian crisis. Moreover, we consider ending the occupation an essential condition for stopping the cycle of violence that is leaving victims on both sides (in quite unequal numbers, we should emphasize) and for a return to peace. In this respect, we refer to Resolution 1402 adopted by the Security Council on March 30, 2002 with the support of 14 in favour and none against, including the USA.

At the same time, the Palestinians and neighbouring Arab States must recognize the existence of the State of Israel and its right to security within the boundaries established by the United Nations. Serious attention should be given to the proposals of the Crown Prince of Saudi Arabia and the resolution adopted by the Arab League on March 28, 2002.

Canada, for its part, must comply with its own Middle East policy, the basis of which include the following:

"Canada does not recognize the permanent control exercised by Israel over the territories occupied in 1967 (Golan Heights, the West Bank, East Jerusalem and the Gaza strip) and is opposed to any unilateral action aimed at predetermining the outcome of negotiations, including the establishment of settlements in the occupied territories and unilateral measures aimed at annexing East Jerusalem and the Golan Heights. Canada considers such actions to be contrary to international law and counterproductive in the framework of the peace process." (Department of Foreign Affairs and International Trade: Canada's policy regarding the Middle East peace process, http://www.dfait-maeci.gc.ca/peaceprocess/menu-e.asp)

 

We have watched in horror the carnage suffered by the Palestinian people in the territories occupied militarily by Israel since 1967 and the destruction of infrastructures, in particular, sanitary infrastructures (drinking water mains) and medical infrastructures (hospitals, birth centres and ambulances, etc.), destruction that seems more and more to be a systematic and premeditated policy, and which is in violation of Article 53 of the Fourth Geneva Convention. Further, the building and expansion of settlements in the Israeli-occupied territories reveals the policy of Israel to control and colonize areas of the occupied territories and clearly violates Article 49(6) of the Fourth Geneva Convention which prohibits the transfer of an occupying power's population into occupied territories. Furthermore, the extent and duration of Israel's policy of sharply restricting Palestinian movement exceeds the requirements of military necessity, and clearly amount to collective punishment, a practice prohibited by international humanitarian law, in particular Article 147 of the Fourth Geneva Convention. Indeed, the closures, blockades and curfews have had a devastating impact on all aspects of Palestinian life.

At the same time, horrific attacks continue to take place against innocent Israel civilians and we urge you to call upon Yasser Arafat and the Palestinian Authority to do more than just condemn these incidents. The Palestinian Authority must do everything in its power to apprehend those who are responsible for these acts and afford them a fair trial and punishment in compliance with international standards.

Canada must play a role as protector of the peace and encourage the parties to negotiate an agreement based on a clear objective: ending the occupation of territories taken in 1967, not pressuring Palestinians to recognize the occupation of their territory as legitimate. This demand is supported by a growing number of groups and individuals outside and inside Israel, and in Canada, by Jewish and Arab organizations alike, who are working together to promote fair and durable peace. It is no longer the time for hesitation and mincing words. It is imperative that the focus of the negotiations be directed at ending the occupation and ensuring the complete withdrawal of Israeli troops from all occupied territories. The position of Canada must be explicit in this sense and must no longer play into the hands of Israeli occupation by supporting a process that, as all can see, has not lead to peace. In particular, Canada must incorporate the search for fair and lasting peace in the Middle East into its efforts to combat terrorism. Indeed, an end to the Israeli occupation will lower tensions and lead to a reduction in the level of terrorism worldwide.

As a result, we hereby urge the Government of Canada to:

  • Support sending a UN peacekeeping force to protect civilian populations pending the complete withdrawal of the Israeli army.

  • Put pressure on Israel and the Palestinian Authority to end the violence against civilians.

  • Respect its own policy of non-recognition of Israeli control over the occupied territories taken by military force in 1967, and explicitly ask Israel to withdraw; also, premise its international policy on the imperative of ending the occupation of all territories occupied by Israel in 1967, and not on the pressuring of the Palestinians to accept Israeli control over the strategic areas of these territories.

  • Resist pressure by the Israeli and American governments and Canadian lobby groups to exempt Israel from complying with international law and UN resolutions.

  • Lobby all Arab states and the Palestinian people to recognize the right of Israel to exist within the 1948 boundaries.

  • Pressure all parties concerned to ensure that human rights workers both in Israel and the occupied territories be protected from all forms of violence and that they may go freely about their work without interference.

 

We recognize that the Middle East crisis is a politically sensitive issue in Canada. However, the issues at stake are much too important to let political expediency override principles and justice. Moreover, this crisis could have a destabilizing influence on the whole region, which could lead to increased terrorism and all-out war. In these dangerous times, we need to persevere with the search for a peaceful and just solution founded on the respect for the human rights of all people.


Yours respectfully,


Warren Allmand, P.C., O.C., Q.C.
President

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