General Assembly Session 50 meeting 116

Mr. Keating (New Zealand)

New Zealand has been shocked at the recent events in Israel and Lebanon, and the New Zealand people have been outraged at the death and destruction visited upon innocent civilians in both countries.

This cycle of violence must stop. Each attack by either side becomes the justification for a further response. We therefore call upon both sides to stop, and to stop now.

New Zealand has no political agenda in the Middle East, and we are not a party to anyone else's agenda. New Zealand looks at the issues from the perspective of a distant but concerned country: concerned for peace and security in the region as a whole, concerned for the legitimate rights of a country whose territory is illegally occupied and concerned for the innocent civilians in both Israel and Lebanon who have become victims of terrorism and the military response to terrorism.

The current violence in Lebanon cannot be considered in isolation. It is a response to violence directed against Israel from Lebanese territory. We know that the options facing any State confronted by terrorist actions are few. And we know that a limited response can be a legitimate exercise of the right of self-defence.

However, New Zealand has an instinctive caution when military force is used in these kinds of situations. In this context, the provisions of the Geneva Conventions and their Protocols are very clear, and measures taken in self-defence or reprisal have to be assessed in this light.

In our view, both international law and the pragmatic lessons of history point in the same direction. Responses have to be limited in time and in scope and be proportional to the attacks to which they respond.

When military operations go beyond this, they become counterproductive and impossible to justify, and, worse, they create the casus belli for further responses in kind. And so we see a cycle of escalation and, in the end, inevitably, in the fog of war, errors which result in horrific civilian casualties.

The Security Council, in resolution 1052 (1996), called for an immediate cease-fire and cessation of hostilities, but the fighting continues. It is timely that this debate now gives the General Assembly the opportunity to add its voice in calling on both sides to stop the hostilities. In this context, we are disappointed that draft resolution A/50/L.70 focuses on only one of the parties to the conflict. New Zealand could support a draft resolution which treated both sides in an appropriately balanced way, and we would welcome further work on the draft resolution in that direction.

But we are reminded that these recent events in both Lebanon and Israel simply underline that the basic problem remains. A peace settlement must be reached. New Zealand firmly supports the current Middle East process. The General Assembly should, at this critical point, reinforce the peace process. We cannot allow the setbacks of recent days to derail it. That would only play into the hands of extremists and vindicate terrorism, and we would then all be the losers.

In our opinion the best prospects for securing, in a sustainable way, the goal which Lebanon has put before us -- restoration of respect for its sovereignty and territorial integrity -- lie in a peace settlement emerging from the current peace process and based on resolutions 242 (1967), 338 (1973) and 425 (1978).

Finally, we need to say some words about the obligation of all States Members of this Organization to respect the security of United Nations personnel. I make this comment both as a troop contributor -- because New Zealand has a long tradition of contributing troops to peace-keeping in the Middle East -- we are present in both the United Nations Truce Supervision Organization (UNTSO) and the Multinational Force and Observers (MFO) -- and as a supporter of the United Nations Convention on the Safety of United Nations and Associated Personnel.

We believe that article 7 of the Convention, which requires that "all appropriate measures" be taken to ensure the safety and security of United Nations personnel, states a principle of general applicability. Parties to a conflict must respect the special status of United Nations peace-keepers. It is imperative that military action which puts United Nations personnel at risk, whether intentionally or not, be avoided.

In giving our deepest sympathy and support to Fiji for the casualties and losses incurred, we cannot forget the equally innocent Lebanese civilians who thought they had achieved sanctuary with the United Nations Interim Forces in Lebanon (UNIFIL) and who lost their lives.

That incident only underlines what we said earlier: when the dogs of war are unleashed, not only is the cycle of violence perpetuated, trapping civilians within it, but the peace-keepers -- whom we, the United Nations, have sent to keep the peace -- are eventually victimized as well.

So our plea today is that everyone involved should pause, should stop the fighting and, with the help of other countries that are supporting the peace process, should re-engage with strengthened determination to bring the peace process to a successful conclusion.

The President

I now call on the representative of Indonesia to introduce draft resolution A/50/L.70, as orally revised.

Mr. Poernomo (Indonesia)

It is an honour and a privilege for my delegation to introduce, on behalf of the 25 sponsoring countries, the draft resolution contained in document A/50/L.70 regarding the situation in the Middle East. It is entitled "The Israeli military attacks against Lebanon and their consequences".

In its preambular paragraphs, the draft resolution expresses grave concern at the consequences which the ongoing fighting could have for the peace and security of the region and for the furthering of the peace process in the Middle East. It affirms full support for that process and for the need to achieve real progress, especially on the Lebanese and the Syrian tracks of the negotiations. It expresses similar concern at all attacks on civilian targets, including residential areas, and at the loss of life and suffering among civilians.

It stresses the need for all concerned to respect fully the rules of international humanitarian law with regard to the protection of civilians, in particular the Fourth Geneva Convention of 1949.

It expresses grave concern at actions which seriously threaten the safety of the United Nations Interim Force in Lebanon (UNIFIL) and impede the implementation of its mandate, in particular, the shelling incident on 18 April 1996, which resulted in heavy loss of life among civilians at the UNIFIL site.

It takes into consideration the statement of 19 April 1996, issued by the International Committee of the Red Cross (ICRC), which formally condemned the shelling of civilians who had taken refuge in a UNIFIL base in the village of Qana.

It expresses concern at the bombardment of the internationally protected archaeological and cultural sites and monuments in the city of Tyre.

The draft resolution contains 10 salient operative paragraphs.

Operative paragraphs 1 and 2 call for an immediate cessation of hostilities and support the ongoing diplomatic efforts to this end.

Operative paragraph 3 condemns the Israeli military attacks against the civilian population in Lebanon, especially against the United Nations base in Qana, which violates the rules of international humanitarian law pertaining to the protection of civilians, and expresses its grave concern and sorrow over the loss of life and serious injuries to innocent men, women and children.

Operative paragraph 4 calls upon Israel to cease immediately its military action against Lebanese territorial integrity and withdraw its forces from all Lebanese territory, in conformity with Security Council resolution 425 (1978).

Operative paragraph 5 calls for strict respect for the territorial integrity, sovereignty and political independence of Lebanon within its internationally recognized boundaries.

Operative paragraph 6 calls upon all concerned to respect the safety and security of civilians in conformity with the rules of international humanitarian law.

Operative paragraph 7 considers that Lebanon is entitled to appropriate redress for the destruction it has suffered and that Israel is responsible for such compensation.

Operative paragraph 8 requests the Secretary-General to dispatch a special technical mission to the area to study and prepare, within a month, and in cooperation with UNIFIL, a report on the human and material losses and damages resulting from the ongoing hostilities.

Operative paragraph 9 calls upon Member States to offer humanitarian assistance to alleviate the suffering of the population and to assist the Government of Lebanon in the reconstruction of the country and requests the Secretary-General to ensure that the United Nations and its agencies play their part in meeting the humanitarian needs of the civilian population.

Finally, operative paragraph 10 requests the Secretary-General to report to the General Assembly on the progress made in the implementation of this draft resolution.

It is the hope of the sponsors that the draft resolution will receive the overwhelming support of Member States. Such an endorsement, reflecting the will of the international community, will have a profound impact in bringing about the termination of hostilities, thereby ending the suffering of the people of Lebanon.

Mr. Camacho Omiste (Bolivia)

The Bolivian delegation listened with interest to the statement of His Excellency the President of the Lebanese Republic to the General Assembly.

The primary purpose of the United Nations is to maintain international peace and security, and to that end this Organization must in every case, in the words of the Charter,

"take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace".

Undoubtedly, the situation in the Middle East is of profound concern to the international community, and once again it puts to the test our capacity to collectively find solutions to the grave problems of our time. It is true that progress has been made in the peace negotiations towards putting an end to this painful burden of the historical past, but not enough progress to bring tranquillity to the populations involved. Many men and women have given their lives in this endeavour, including the late Prime Minister of Israel and Nobel Peace laureate, Yitzhak Rabin. Justice, security and, as a consequence, respect for human rights have not yet been achieved in this process.

Bolivia opposes and condemns any form or manifestation of terrorism, regardless of its origin, and reiterates its full support for the Middle East peace process initiated at the Madrid Conference of 1991. It also reiterates its support for the declaration of Heads of State or Government of the Movement of Non-Aligned Countries, who at their Conference in Cartagena de Indias, Colombia, in October 1995, called for complete respect for the independence, sovereignty and territorial integrity of Lebanon.

Bolivia invokes the right of all peoples of the world to international justice and security. We call for effective compliance with international humanitarian law and the observance of human rights. Therefore, we condemn the bombing in Qana of the United Nations shelter intended to protect the civilian population of Lebanon. We express our condolences and solidarity to the families of the victims and to the Government and people of Lebanon.

It is the duty of the United Nations to establish a link between great principles and the realities of political power and positive law so that peace, respect for human rights and international justice and security cease to be unattainable abstractions and become historical realities of our time.

Mr. Kausikan (Singapore)

The current prolonged and tragic violence in Lebanon, as well as the acts of terrorism in Israel that preceded and provoked it, are irresponsible and retrograde actions that have placed the Middle East peace process in jeopardy. They threaten to reactivate a cycle of conflict and bloodshed. They only play into the hands of minorities that do not see peace as being in their interest.

Israel has always claimed a legitimate right to security within internationally recognized borders. But Lebanon, too, has a legitimate right to security. It, too, has rights to territorial integrity, sovereignty and political independence within its internationally recognized boundaries. All States in the region should enjoy the same rights. For them to do so, all parties in the Middle East must be consistent in mutually respecting these rights and the principles from which they are derived. Natural justice and political logic tell us that peace and security are indivisible and that violence breeds violence.

Any attack on civilian targets is unwarranted. The world deplores terrorist acts against civilian targets. So, too, do we deplore military attacks against a civilian population. International humanitarian law with regard to the protection of civilians in conflict situations is a fundamental interest of the entire international community that must be respected everywhere, by everyone, whatever the circumstances. Any attack on civilians should be denounced. Any civilian casualty must be a matter of shock and dismay to the international community.

The deaths of two United Nations peace-keepers in Lebanon are also of grave concern to the entire international community. The United Nations Interim Force in Lebanon (UNIFIL) should not be obstructed in carrying out its mandate. The safety of United Nations peace-keepers and civilians under United Nations protection must be ensured if UNIFIL is to carry out its assigned functions and responsibilities.

Singapore welcomes Security Council resolution 1052 (1996), which was unanimously adopted on 18 April 1996. We hope that it will be immediately and unequivocally implemented. In taking cognizance of the recent tragedy, we believe that the General Assembly should more strongly and directly reaffirm the importance of a comprehensive, just and lasting settlement of the Middle East conflict as a significant contribution to strengthening international peace and security, as set out in General Assembly resolution 50/21, on the Middle East peace process, of 4 December 1995.