ASSISTANT SECRETARY SCHIFTER'S TESTIMONY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00005R001000080026-0
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 4
• Document Creation Date: December 27, 2016
• Document Release Date: November 26, 2012
• Sequence Number: 26
• Publication Date: March 31, 1988
• Content Type: CABLE

Declassified in Part - Sanitized Copy Approved for Release 2012/11/26: CIA-RDP90M00005R001000080026-0
STAT
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UNCLASSIFIE
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STATE
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PP RUEAIIB
ZNR UUUUU ZOC STATE ZZH
PP RUEHC
DE RUEHC #9990 0910747
ZNR UUUUU ZZH
P 310738Z MAR 88 ZEX
FM SECSTATE WASHDC
TO RUFHTV/AMEMBASSY TEL AVIV PRIORITY 0000
RUFHJU/AMCONSUL JERUSALEM PRIORITY 0000
ISLAMIC COLLECTIVE
BT
UNCLAS STATE 099990
E.O. 12356: N/A
TAGS: PHUM, IS
SUBJECT: ASSISTANT SECRETARY SCHIFTER'S TESTIMONY
- AMBASSADOR SCHIFTER, ASSISTANT SECRETARY FOR HUMAN
RIGHTS AND HUMANITARIAN AFFAIRS TESTIFIED BEFORE THE
HOUSE FOREIGN AFFAIRS SUBCOMMITTEE ON HUMAN RIGHTS AND
INTERNATIONAL ORGANIZATIONS ON 3/29. FOLLOWING IS THE
TEXT OF HIS OPENING STATEMENT.
. BEGIN TEXT
-- A FEW WEEKS AGO YOU WERE KIND ENOUGH TO GIVE ME THE
OPPORTUNITY OF TESTIFYING BEFORE YOU ON THE SUBJECT OF
THE STATE DEPARTMENT'S ANNUAL COUNTRY REPORTS ON HUMAN
RIGHTS PRACTICES. ON THAT OCCASION I NOTED THAT
THROUGHOUT THE WORLD WE CAN IDENTIFY FOUR DISTINCT
CATEGORIES OF HUMAN RIGHTS VIOLATIONS. ONE OF THESE
CATEGORIES I DESCRIBED AS FOLLOWS:
-"DEMOCRACIES IN WHICH POLICEMEN OR SOLDIERS, USUALLY
WITHOUT BEING AUTHORIZED TO DO SO BY THE HIGHEST LEVEL OF
GOVERNMENT, USE EXCESSIVE FORCE OR BRUTALITY IN WHAT THEY
VIEW AS LAW ENFORCEMENT, RIOT CONTROL, OR SUPPRESSION OF
INSURRECTION."
-- THE HUMAN RIGHTS VIOLATIONS WHICH HAVE BEEN REPORTED
IN RECENT MONTHS FROM ISRAEL'S OCCUPIED TERRITORIES
FALL, BY AND LARGE, INTO THE CATEGORY WHICH I HAVE JUST
DESCRIBED. AS I HAVE JUST INDICATED BY REFERRING TO MY
EARLIER TESTIMONY, THE RECENT OCCURRENCES IN THE
OCCUPIED TERRITORIES ARE REGRETTABLY NOT UNIQUE, BUT
PART OF A WORLDWIDE PHENOMENON.
THE SPECIFIC ACTS TO WHICH I WANT TO ADDRESS MYSELF
IN THIS TESTIMONY CAN BE SAID TO FALL INTO THREE
DISTINCT CLASSES. FIRST, AND INDEED MOST TROUBLESOME,
IS THE BRUTALIZATION OF PALESTINIAN PRISONERS
IMMEDIATELY AFTER THEY HAVE BEEN TAKEN INTO CUSTODY AND
OF BEATINGS ADMINISTERED TO PERSONS WHO WERE NOT TAKEN
INTO CUSTODY AND WHO WERE NOT SUSPECTED OF OR KNOWN TO
HAVE BEEN ENGAGED IN ANY CONDUCT IN BREACH OF CIVIL
PEACE.
- SECOND, THERE ARE TROUBLESOME REPORTS OF PHYSICAL
MISTREATMENT IN THE PROCESS OF INTERROGATION AND
DETENTION.
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THIRD, THERE IS THE QUESTION OF THE USE OF LETHAL
FORCE IN RIOT CONTROL.
-- TURNING TO THE FIRST OF THE SET OF ACTS TO WHICH I
HAVE REFERRED, NAMELY THE BRUTALIZATION OF PRISONERS AND
THE RANDOM BEATING OF CIVILIANS, I WANT TO STATE MOST
EMPHATICALLY THAT THESE ACTS MUST BE CONDEMNED, AND WE
HAVE DONE EXACTLY THAT. WE HAVE MADE REPRESENTATIONS AT
THE HIGHEST LEVEL OF THE ISRAELI GOVERNMENT, URGING THAT
THESE ACTS OF BRUTALITY OR INDISCIPLINE BE BROUGHT TO AN
END AND BE PUNISHED.
- THE ISRAELI GOVERNMENT HAS MADE EFFORTS TO AVOID THE
INCIDENTS I HAVE JUST DESCRIBED. THERE HAVE ALSO BEEN
REPORTS THAT COURTS MARTIAL PROCEEDINGS HAVE BEEN
INSTITUTED IN SOME CASES. WE BELIEVE IT TO BE ESSENTIAL
THAT THE ISRAELI DEFENSE FORCES, WHICH HAVE PRIDED
THEMSELVES OF THEIR COMMITMENT TO WHAT THEY HAVE
REFERRED TO AS THE PURITY OF ARMS," LIVE UP TO THAT
TRADITION BY CRACKING DOWN HARD ON ANY VIOLATIONS OF THE
STANDARDS OF MILITARY BEHAVIOR AND BY BRINGING THESE
TRULY SHOCKING ACTIONS COMPLETELY TO AN END.
-- BY THE SAME TOKEN, WE BELIEVE THAT PHYSICAL ABUSE OF
PRISONERS IN DETENTION, WHETHER FOR THE PURPOSE OF
ELICITING INFORMATION OR FOR DETERRENCE MUST ALSO BE
CONDEMNED. THESE MEANS CANNOT BE JUSTIFIED BY ANY
ENDS. WE HAVE URGED THAT INSTRUCTIONS BE ISSUED TO END
SUCH PRACTICES.
-- WHILE ONE CAN WITHOUT DIFFICULTY PASS JUDGMENT IN THE
CIRCUMSTANCES WHICH I HAVE JUST DESCRIBED, THIS TASK
BECOMES MORE DIFFICULT WHEN WE FOCUS OUR ATTENTION ON
THE THIRD CLASS OF INCIDENTS, THE RESORT TO LETHAL FORCE
IN RIOT CONTROL.
- I NEED AT THIS POINT TO IDENTIFY THE PROBLEM. SINCE
LAST DECEMBER THERE HAVE BEEN SERIOUS DISTURBANCES OF
PUBLIC ORDER IN THE OCCUPIED TERRITORIES. THOUSANDS OF
PALESTINIANS, MOSTLY YOUNG PEOPLE, HAVE TAKEN TO THE
STREETS TO ENGAGE IN VIOLENT PROTESTS, CAUSING DAMAGE TO
PROPERTY, INTIMIDATING NON-PROTESTERS, AND PHYSICALLY
ATTACKING TROOPS ENGAGED IN LAW ENFORCEMENT ACTIVITIES.
- IN ASSESSING THE ISSUES POSED BY THE CURRENT UNREST
IN THE OCCUPIED TERRITORIES WE MUST THUS KEEP IN MIND,
WHEN WE SPEAK OF DEMONSTRATIONS IN THE OCCUPIED
TERRITORIES, THAT THERE IS A SHARP DIFFERENCE BETWEEN A
PEACEFUL MARCH, IN WHICH SLOGANS MIGHT BE DISPLAYED-OR
SHOUTED, AND ACTS OF VIOLENCE. WHILE WE MUST INSIST ON
HUMAN RIGHTS GROUNDS ON RESPECT FOR THE RIGHT OF
PEACEFUL ASSEMBLY, THIS RIGHT DOES NOT EXTEND TO
ASSEMBLY FOR THE PURPOSE OF THROWING ROCKS AND FIREBOMBS.
-- IN OUR VIEW ISRAEL CLEARLY HAS NOT ONLY THE RIGHT,
BUT THE OBLIGATION, TO PRESERVE OR RESTORE ORDER IN THE
OCCUPIED TERRITORIES, AND TO USE APPROPRIATE LEVELS OF
FORCE TO ACCOMPLISH THAT END. THE QUESTION OF WHETHER
THE FORCE USED WAS APPROPRIATE OR EXCESSIVE CAN ALMOST
NEVER BE ANSWERED IN A CLEAR-CUT MANNER. THE FACTS AS
TO WHAT MAY HAVE HAPPENED IN A PARTICULAR CLASH BETWEEN
RIOTERS AND TROOPS ARE ALMOST IMPOSSIBLE TO
RECONSTRUCT. WHAT WE DO KNOW IS THAT RIOTS ARE TAKING
PLACE DAILY, INVOLVING THE BURNING OF TIRES, THE
ERECTING OF BARRICADES, AND THE THROWING OF ROCKS AND
GASOLINE BOMBS, AND, IN ONE CASE, THE SHOOTING AND
KILLING OF AN ISRAELI SOLDIER. WE ALSO KNOW THAT THE
CONTINGENTS THAT ARE CALLED UPON TO TRY TO MAINTAIN LAW
UNCLASSIFIED
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AND ORDER OUTSIDE EAST JERUSALEM DO NOT CONSIST OF
SKILLED POLICEMEN, TRAINED IN RIOT CONTROL AND EQUIPPED
TO FUNCTION IN A RIDTCONTROL CAPACITY. RATHER, THESE
ARE SOLDIERS WHO ARE TRAINED AND EQUIPPED FOR MILITARY
COMBAT.
-- THERE IS, IN FACT, A STRIKING DIFFERENCE BETWEEN THE
EXPERIENCE WITH RIOT CONTROL IN EAST JERUSALEM, ON THE
ONE HAND, AND THE WEST BANK AND GAZA, ON THE OTHER
HAND. THE JERUSALEM POLICE FORCE IS TRAINED AND
EQUIPPED FOR POLICE DUTY, INCLUDING RIOT CONTROL AND
CONFRONTATION WITH CIVILIANS. IT HAS BEEN ABLE TO
HANDLE INCIDENTS IN EAST JERUSALEM IN A MANNER WHICH HAS
MINIMIZED CASUALTIES. THE ISRAELI DEFENSE FORCES, WHICH
HAVE HAD RESPONSIBILITY ON THE WEST BANK AND GAZA, HAVE
FACED MORE DIFFICULT PROBLEMS WITH LESS PREPARATION.
- AS NOTED EARLIER, IT IS NOT POSSIBLE FOR US TO PASS
JUDGMENT AS TO WHETHER A SPECIFIC SOLDIER WHO FIRED HIS
RIFLE HAD SUFFICIENT GROUNDS TO FEAR POR HIS PERSONAL
SAFETY SO AS TO RESORT TO LETHAL FORCE. WHAT WE DO KNOW
IS THAT THE RULES or ENGAGEMENT UNDER WHICH THE ISRAELI
DEFENSE FORCE OPERATES ARE IN KEEPING WITH ACCEPTED
INTERNATIONAL STANDARDS. BUT, AS I HAVE JUST NOTED, THE
BASIC PROBLEM IS THAT THE ISRAELI ARMY IS NOT A POLICE
FORCE. IT IS TRAINED AND EQUIPPED FOR MILITARY
OPERATIONS, NOT FOR RIOT CONTROL.
- CAN AN ARMY BE RE-EQUIPPED AND RETRAINED IN SHORT
ORDER? PROBABLY NOT. BUT AN EFFORT TO DO SO SHOULD
SURELY BE MADE. RECENT INFORMATION INDICATES THAT
ISRAEL HAS NOW BEGUN TRAINING IDF PERSONNEL IN TACTICS
APPROPRIATE TO CONTROLLING AND DISPERSING VIOLENT
CIVILIAN DEMONSTRATIONS. HOWEVER, WE NEED TO KEEP IN
MIND THAT MANY OF THE SOLDIERS SERVING IN THE OCCUPIED
TERRITORIES ARE RESERVISTS, WHO SERVE A SHORT TOUR OF
DUTY AND THEN GET REPLACED BY OTHER RESERVISTS, WHO WILL
ALSO HAVE TO BE RETRAINED.
-- AS FOR EQUIPMENT, IT IS OUR UNDERSTANDING THAT ISRAEL
HAS MADE A SIGNIFICANT EFFORT TO PROVIDE THE IDF WITH
HARDWARE THAT IS APPROPRIATE TO ITS PRESENT MISSION OF
RIOT CONTROL IN THE OCCUPIED TERRITORIES. THIS INCLUDES
WATER CANNONS, AND RUBBER BULLETS AS SUBSTITUTES FOR
LIVE ROUNDS, AS WELL AS TEARGAS MASKS, DISPENSERS AND
SIMILAR ITEMS WHICH WILL ALLOW FOR A MORE MEASURED
RESPONSE TO SITUATIONS THAT ARE NOT INHERENTLY OR
IMMINENTLY LIFE-THREATENING. THE ISRAELI GOVERNMENT HAS
ALSO BEGUN TO ACQUIRE ADDITIONAL PROTECTIVE GEAR, WHICH
MIGHT ENABLE IDF PERSONNEL TO AVOID SOME OF THE
SITUATIONS WHERE THE INDIVIDUAL SOLDIER FEELS HE HAS NO
CHOICE BUT TO PROTECT HIS LIFE AT THE EXPENSE OF THE
LIFE OF A DEMONSTRATOR ENGAGED IN ACTS OF VIOLENCE.
- IN THIS CONTEXT I NEED TO NOTE THAT QUESTIONS HAVE
ALSO BEEN RAISED AS TO WHETHER THE LIKELIHOOD OF THE
NEED TO RESORT TO LETHAL FORCE WOULD BE REDUCED IF
ISRAEL WERE TO STOP SENDING OUT SMALL PATROLS, WHICH CAN
EASILY BE SURROUNDED BY A LARGE NUMBER OF CIVILIANS, AND
PERHAPS ENGAGE IN MORE LIMITED PATROLLING, BUT DO IT
WITH LARGER CONTINGENTS. A SMALL PATROL, TWO OR THREE
MEN, OFTEN INCLUDING INEXPERIENCED RESERVISTS, CAN FIND
ITSELF EASILY SURROUNDED AND UNABLE TO EXTRICATE ITSELF
IN ANY MANNER OTHER THAN BY FIRING LIVE AMMUNITION. WE
HAVE CONVEYED OUR CONCERNS IN THIS REGARD TO THE ISRAELI
GOVERNMENT, ALTHOUGH WE IN THE FIELD OF HUMAN RIGHTS
MUST CONCEDE THAT WE ARE NOT IN A POSITION TO EXPOUND
UPON THE "PROPER" OR "IDEAL" MILITARY OR POLICE TACTICS
REQUIRED TO QUELL A DISTURBANCE.
UNCLASSIFIED
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- IN DETERMINING OUR OWN ROLE IN DEALING WITH THE
ISSUES WHICH I HAVE HERE DISCUSSED, WE NEED TO KEEP IN
MIND THAT ISRAEL IS A DEMOCRACY IN WHICH ALL ASPECTS OF
GOVERNMENTAL AFFAIRS, INCLUDING THE BEHAVIOR OF TROOPS
IN THE OCCUPIED TERRITORIES, ARE SUBJECT TO CLOSE PUBLIC
SCRUTINY. THE INCIDENTS TO WHICH I HAVE REFERRED ARE
MATTERS OF EXTENSIVE PUBLIC DEBATE IN ISRAEL AND HAVE
RESULTED IN A GREAT MANY EXPRESSIONS OF ANGUISH AND
CONDEMNATION. WHERE INEXCUSABLE TRANSGRESSIONS HAVE
OCCURRED, IT IS THE GENERAL PUBLIC THAT WILL INSIST ON
PROPER PUNISHMENT. TO THE EXTENT TO WHICH THIS
SELF-CORRECTING MECHANISM MAY, HOWEVER, NOT BE WORKING
AS WELL AS IT SHOULD, WE SHALL CONTINUE TO APPLY
OURSELVES TO EFFECT THE RESULTS WHICH I HAVE HERE
IDENTIFIED.
HAVING SPOKEN OF ISRAEL AS A DEMOCRACY, I NEED TO
ADD, OF COURSE, THAT THE RESIDENTS OF THE OCCUPIED
TERRITORIES ARE NOT PARTICIPANTS IN THAT DEMOCRACY NOR
DO THEY HAVE DEMOCRATIC INSTITUTIONS OF THEIR OWN.
THEIR CONCERNS HAVE TO BE UNDERSTOOD, AND RESOLVED,
THROUGH PEACEFUL NEGOTIATION. THAT IS, OF COURSE, THE
UNDERLYING PROBLEM WITH WHICH WE ARE DEALING. FOR THE
ROOT OF THE DIFFICULTIES WHICH WE FACE IN THIS
SITUATION DONOT LIE IN THE AREA OF HUMAN RIGHTS. THE
UNDERLYING PROBLEM IS THE STATE OF WAR WHICH HAS EXISTED
IN THIS AREA FOR CLOSE TO FORTY YEARS. WHICH HAS CAUSED
THE SHEDDING OF BLOOD ACROSS THE DECADES, AND WHICH
CONTINUES TO HAVE THIS SAD RESULT. THAT IS, OF COURSE,
WHY WE ARE SEEKING TO FIND THE PATH TO A PEACEFUL
SOLUTION TO THIS CONFLICT. END TEXT SHULTZ
END OF MESSAGE UNCLASSIFIED
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