Michel Buhrer/Human Rights Tribune - "I would respectfully ask the Council to consider expanding the mandate to also encompass inquiry into Palestinian violations of international humanitarian law". The expert addressing the Human Rights Council on Monday (June 16) is the new Rapporteur on the Occupied Territories by Israel. His words were as surprising as Richard Falk himself who has a reputation of fiercely assailling the policiy of the Hebrew state in West Bank and Gaza. His nomination last March, to replace John Dugard who had finished his mandate, sparked severe criticism from Jerusalem and Washongton.

Richard Falk is visiting professor of International politics at the University of California and author of numerous work. In June 2007 he published an incendiary text suggesting there was a similarity between the Holocaust and Israel policy in the occupied territories. When he was named Special Rapporteur for Palestine, Israel’s Ambassador in Geneva, Itzakh Levanon, experssed surprise that the Council had not found someone more ‘impartial and objective’ to fulfill this mandate.

Now this same Richard Falk has just proposed a measure demanded by the Hebrew state for years : to modify a mandate that has not been changed for 15 years. An article in the Israeli daily Haaretz last April, indicated that Falk would not receive an invitation to go to Israel because of the incriminating article linking Israeli policiy and Holocaust, in any case not before the Council session in September. According to Haaretz, Jersulam will at that time ask the Council to enlarge the mandate to include ‘Palestinian human rights violations against Isrealis’. Falk has just facilitated their task.

"I discussed this issues [of expanding the mandate] before, Richard Falk explained to HRT. But this is the first time I speak formally." Was he aware that his remarks give the impression he is seeking Israel’s good graces following publication of his famous article? "Yes, I think that naturally that kind of consideration can be brought to bear, though I think I would have favored this in any event."

The effect of his proposition was felt immediately in the Council chamber. Jordan expressed concern that the tentative puts ‘occupier and occupied’ on an equal level. The Palestinian representative, Abu Koash, noted with irony that "when Palestinian tanks encircle Tel Aviv, then we will speak of revising the mandate."

"There is a sense that it will create a feeling of equality of responsability on both sides if you look at the Palestinian behaviour in the perspective of international law the same way you look on Israeli behaviour," Falk told HRT, his soft voice contrasting with his firm position. "But if you don’t look at the Israeli argument that they are responding to Palestinian attacks on civilian targets, then it becomes so easy to discredit the effort as onesided." An extension of the mandate would respond to this criticism.

Earlier the Cuban Ambassador, speaking for the non-aligned members, refuted the idea that the current mandate is unilateral. ‘The mandate is linked to occupation and who is occupying? Israel!" he stated.

"In my view, what an expanded mandate will show is that there are serious Palestinian violations, but they are minor, almost trivial, compared to the Israeli violations. In that sense, it will give a more realistic picture of the actual relationsihp between the occupation and international law and also put the security argument in a more credible framwork, because it is clear that there is a security issue, but it doesn’t justifiy what Israel has been doing in response".

This is exactly what annoys Israeli Ambassador Levanon, reached by telephone: "This request to enlarge the mandate is an Israeli idea, it suits us,’"he said. "But I fear a trap. Richard Falk has clearly said that the goal is not to put responsibility on the same level but to make the lack of symetry between the two parties more apparant. He should investigate both sides in the same manner."

Would that suffice for an invitation to visit Israel? ‘First we must see if the mandate’s expansion is accepted and how it is formulated," he replied.

For the Palestinian represenative, it is clear. "Proposed resolutions regarding Palestine are prepared by the Palestinian delegation with asssitance from friendly countries. There is no reason to modify the mandate on the occupied territories."

The first battle for Richard Falk, the defender of Palestinian victims, is not yet won. Any modification of the mandate must be accepted by the Council where for the moment, those who oppose the initiative, (mainly from the Arab countries, the Organization of Islamic Conference and the non-aligned) are in the majority.

Translated from French by Pamela Taylor

See also our article "A controversial expert for Palestine"