US embassy cable - 05TELAVIV6886

C O N F I D E N T I A L SECTION 01 OF 02 TEL AVIV 006886 
 
SIPDIS 
 
E.O. 12958: DECL: 12/10/2015 
TAGS: PREL, PGOV, KDEM, KPAL, KWBG, IS, ISRAELI-PALESTINIAN AFFAIRS, GOI EXTERNAL 
SUBJECT: MOJ LIVNI WANTS ELECTION OBSERVERS TO ENCOURAGE 
PALESTINIAN ADHERENCE TO A CODE OF CONDUCT 
 
Classified By: Ambassador Richard H. Jones for reasons 1.4 (b) and (d). 
 
 
1.  (C) Summary:  Minister of Justice Tzipi Livni raised 
concerns about the role of Hamas in the upcoming Palestinian 
elections with A/S Welch on December 8.  Livni said she fears 
Hamas will get more legitimacy from these elections, which 
will weaken PA President Abbas and damage the concept of 
democratization.  Pressed by A/S Welch for specific ideas to 
address the challenge posed by Hamas participation, Livni 
suggested that international observers could demand that 
parties/candidates participating in monitored elections 
commit to abide by a code of conduct obliging parties to 
forswear violence and racism.  Livni claimed that President 
Abbas is looking for an excuse to postpone January elections, 
and may use disagreement with Israel over the issue of 
Jerusalem voting to this end.  End Summary. 
 
2.  (C) Livni shared with A/S Welch and DCM Cretz the 
"nightmare" scenario she envisions unfolding after 
Palestinian elections:  Hamas will take on the legitimacy 
that comes with the status of a political party that does 
well in an election.  Once Hamas is part of the system, 
President Abbas will not have the legitimacy he needs to 
dismantle the party's terrorist infrastructure.  In Livni's 
view, Hamas will have a major role in determining who serves 
as the next Palestinian prime minister and the era when the 
international community influences Palestinian behavior will 
come to an end.  In turn, this will lead to stagnation on 
roadmap implementation and a return to a cycle of violence. 
 
3.  (C) Livni argued that postponing the imposition of 
demands on Hamas will weaken, not strengthen, President 
Abbas.  The absence of a code of conduct governing Hamas 
participation in Palestinian elections bodes ill for the 
concept of democratization we seek to advance, Livni added. 
She cited Israel's banning of racist political parties (i.e. 
Meir Kahane's organization) and EU bans on terrorist 
organizations in countries such as Spain as examples that the 
Palestinians should emulate.  "Hamas is a racist party and 
its participation (in elections) will lead to violence," 
Livni assessed.  She acknowledged the downsides should Israel 
make demands on the Palestinians, but urged the U.S. to act 
now to encourage an international position articulating what 
constitutes a democratic election. 
 
4.  (C) Pressed by A/S Welch for specific ideas, Livni 
suggested that international observers/monitors could be 
instrumental in this endeavor as they have a mandate to 
demand that institutional counterparts (e.g., Palestinian 
electoral commissions, and political parties) uphold 
international standards regarding the requirements candidates 
must fulfill in order for the electoral process to be judged 
"free and fair."  Electoral assistance providers such as the 
National Democratic Institute (NDI) can shed light on what is 
legitimate behavior for a democratic party, what is 
acceptable in a democratic party platform.  If it is not too 
late, such engagement on the meaning of democracy and the 
rule of law could lead to a process that will help strengthen 
President Abbas (vis a vis Hamas) before elections.  (Note: 
NDI did provide model codes of conduct to Palestinian civil 
society organizations.  Hamas has not yet signed the code of 
conducted drafted by these organizations.  End Note.) 
 
5.  (C) Citing the example of Sinn Fein, Livni expressed the 
view that a symbolic renunciation of terrorism by political 
actors participating in elections constitutes an important 
step in a democratization process.  A/S Welch noted that 
groups such as NDI could not be asked to legislate something 
that the Palestinians themselves have not done.  In fact, 
they have decided to allow Hamas to run.  Livni stressed that 
the international community does have control over how an 
election is perceived in the world, and she agreed with 
Welch's assessment that strong Quartet and EU statements of 
position had advanced this objective. 
 
6.  (C) Livni said she believed that President Abbas intends 
to postpone Palestinian elections because of internal Fatah 
divisions, an analysis that other Israeli interlocutors also 
shared with A/S Welch (septels).  Livni said she would 
welcome postponement, but does not want Israel to be blamed 
for it as that could engender violence.  She claimed  Abbas 
would use the issue of elections in Jerusalem as the excuse 
for postponing elections.  Livni acknowledged Israeli 
obligations under the Interim Agreement to help with 
Palestinian elections, but she focused on the message that 
the PA also has obligations now. 
 
7.  (U) NEA A/S Welch cleared this message. 
 
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