[Congressional Record (Bound Edition), Volume 156 (2010), Part 8]
[Senate]
[Pages 11608-11610]
[From the U.S. Government Publishing Office, www.gpo.gov]




               ISRAEL'S UNDENIABLE RIGHT TO SELF-DEFENSE

  Mr. CORNYN. Mr. President, the terrorist group Hamas, which is 
supported by Iran, took control of the Gaza Strip in 2007. When Hamas 
did so, Israel put in place a legitimate and justified blockade of Gaza 
out of concern for the safety of its citizens. Hamas and its allies 
have fired more than 10,000 rockets and mortars from Gaza into Israel 
since 2001, killing at least 18 Israelis and wounding dozens of others. 
The Israeli defense minister said this week that Israel considers the 
Gaza Strip to be essentially an Iranian military base, just 3 
kilometers from an Israeli town and 60 kilometers from Tel Aviv, 
Israel's second largest city.
  The Israeli blockade has been effective in reducing the flow of 
weapons into Gaza and the firing of rockets from Gaza into southern 
Israel. Were Iran and other supporters of Hamas allowed access to the 
ports of Gaza, the people of Israel would be put directly in harm's 
way.
  On May 27, the Israeli Navy, maintaining the integrity of the 
blockade, intercepted the so-called ``Free Gaza'' flotilla and 
peacefully boarded five of the six ships. The sixth ship was filled 
with extremists whose stated intent was martyrdom. Those extremists 
brutally attacked members of the Israeli Navy, who were forced to act 
in self-defense and, in some instances, use lethal force. Although 
Israel was exercising its right to self-defense, which every nation is 
entitled to do, the incident raised an international outcry, just as it 
was designed to do.
  Some even condemned the actions of the Israeli Navy. The ``Free 
Gaza'' flotilla was a disgraceful and premeditated attempt to break the 
blockade and provoke a violent confrontation with Israel, hidden under 
the cloak of a humanitarian relief effort. This type of despicable 
conduct must be condemned, especially by friends and allies of Israel.
  Every country has the right to defend itself, and Israel is no 
different. The calls from United Nations leaders and others for an 
investigation into the actions of Israel have been troubling. In my 
view, these calls have served only to question Israel's right to self 
defense.
  To its credit, Israel has unilaterally established a five-person 
panel to conduct an investigation into the flotilla incident, and its 
work will be monitored by two foreign observers. Yet U.N. officials are 
not satisfied and continue to push for a separate, international probe 
into the incident. As such, I believe the U.N. is unfairly singling out 
Israel for criticism and using a double-standard.
  According to news reports, there may be new flotillas literally 
looming on the horizon, preparing to challenge Israel's legitimate sea 
blockade of Gaza. Iran's ``Children of Gaza'' flotilla may set sail for 
Gaza as soon as this weekend, according to the spokesman for the 
Iranian Red Crescent. Iran has directly bolstered Hamas' ability to 
strike Israel, and its leaders have repeatedly called for the 
destruction of Israel. Now, they may be sending ships. No good can come 
from this.
  Furthermore, another group in Lebanon has announced its intention to 
sail its ships toward the Gaza blockade soon. Hassan Nasrallah, the 
leader of the terrorist group Hezbollah, has called on Lebanese 
citizens to help break the blockade of Gaza. So, Israel has legitimate 
concerns that this flotilla might be used to smuggle weapons into Gaza. 
I only hope the Lebanese government will do the right thing and put a 
stop to it.
  At a time of great instability in the Middle East, these flotillas 
serve only as additional destabilizing forces. The Middle East does not 
need further violence. Israel has the solemn right to defend itself and 
its citizens against these flotillas and any other security threats, 
which continue to gather.

[[Page 11609]]

Israel needs friends more than ever right now.
  Mr. President, I have offered a sense-of-the-Senate resolution which 
does a number of things: First, it reaffirms the United States' strong 
support of Israel, our friend and steadfast ally. It expresses the 
sense of the Senate that Israel's right to self-defense is inherent and 
undeniable. It condemns the violent attack and provocation by the 
extremists aboard the Mavi Marmara and any future attempts to break 
Israel's legal blockade of Gaza. It condemns Hamas for its failure to 
recognize Israel's right to exist, and the Government of Iran for its 
support of Hamas and its undermining of Israel's security.
  This resolution also encourages the Government of Turkey to recognize 
that continued strong relations with Israel are of the utmost 
importance. The resolution supports our friend and ally, Israel, and it 
does so unequivocally. By passing this important resolution, the Senate 
will help remind the world that the United States stands with our 
ally--Israel.
  Mr. President, there are 14 Senators who have cosponsored this 
resolution, and at this point I ask unanimous consent that the Foreign 
Relations Committee be discharged from further consideration and the 
Senate now proceed to the consideration of S. Res. 548.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the resolution by title.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 548) to express the sense of the 
     Senate that Israel has an undeniable right to self-defense, 
     and to condemn the recent destabilizing actions by extremists 
     aboard the ship Mavi Marmara.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. CORNYN. Mr. President, several colleagues had some constructive 
suggestions about amendments to this measure, and there were two 
amendments that we modified the original resolution with. At this 
point, I ask unanimous consent that the amendment at the desk be agreed 
to, and I urge adoption of the resolution, as amended.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 4396) was agreed to, as follows:

       On page 7, strike lines 22-24

  The PRESIDING OFFICER. Is there further debate on the resolution, as 
amended?
  The Senator from New Mexico.
  Mr. BINGAMAN. Mr. President, before the Senate votes on Senate 
Resolution 548, I wish to speak briefly in opposition to it.
  This resolution speaks to this so-called ``flotilla incident'' that 
occurred a few weeks ago near Gaza. I am concerned that this resolution 
does not help either the United States or Israel. I support Israel. I 
have done so during all my years here in the Senate. But I also believe 
that the only way to ensure Israel's long-term security is to have a 
genuine peace agreement between Israel and the Palestinians. This 
resolution does not bring us closer to that peace.
  No one questions Israel's right to defend itself. I know that 
questions have been raised about the relationship between the 
Humanitarian Relief Foundation and Hamas, and I am concerned about 
those questions and they need to be answered. But I am also concerned 
that Israel's response to the flotilla and the deaths onboard the Mavi 
Marmara once again shows to Israel's enemies that they can provoke 
Israel into taking actions that undermine international support for 
Israel.
  Israel was able to board five of the ships with no loss of life, as 
my colleague from Texas indicated, and that needs to be acknowledged. 
But this incident has distracted the attention of the international 
community away from the peace process. It has overshadowed the 
kidnapping of Israeli soldier Gilad Shalit, which occurred nearly 4 
years ago today--in fact, on June 25, 2006. Hamas should immediately 
release Gilad Shalit. Unfortunately, I do not believe this resolution 
will help to make that happen.
  Nor does this resolution talk about the humanitarian situation in 
Gaza. Israel has allowed humanitarian supplies into Gaza, but it is 
evident from the conditions in Gaza that those supplies have not been 
sufficient. One U.S. charity estimates that 400 trucks of basic food 
supplies are needed in Gaza every day, but on average only 171 trucks 
of basic nutritional aid enter Gaza each week.
  Israel has a right to prevent arms from entering Gaza, but I do not 
see a reason for the Senate to pass a resolution supporting a policy 
that has the effect of restricting humanitarian supplies. Moreover, 
Israel itself has decided to change that policy. I am encouraged by 
Israel's decision last week to ease the restrictions on the flow of 
goods into Gaza. I agree with the White House that this new policy, 
once implemented, will significantly improve the conditions for the 
Palestinians in Gaza. As Prime Minister Netanyahu told the Knesset:

       This new policy is the best one for Israel because it 
     eliminates Hamas' main propaganda claim and allows us and our 
     international allies to face our real concerns in the realm 
     of security.

  The resolution the Senate is considering at this point would put the 
Senate on record in support of a policy that Israel itself has 
determined to change.
  One more obvious point is the Senate has not fully debated this 
resolution. There have been no hearings on the flotilla incident or any 
version of this resolution in either the Senate or in the House. To my 
knowledge, the administration has not expressed its views on this 
resolution either. I believe with regard to foreign policy matters, the 
administration should always be consulted.
  Let me close by saying no one should question the U.S. support for 
Israel. I do not believe anyone seriously questions that. I say again 
that I do not believe this resolution furthers the effort to bring 
peace between Israel and the Palestinians, which is the only way to 
ensure Israel's long-term security.
  For those reasons I would like to be recorded in opposition to 
enactment of the resolution.
  The PRESIDING OFFICER. The Senator from Texas.
  Mr. CORNYN. Mr. President, I reiterate my unanimous consent request 
that the amendment at the desk be agreed to and urge adoption of the 
resolution as amended.
  The PRESIDING OFFICER. The amendment has been agreed to. Is there 
further debate? If not, the question is on agreeing to the resolution, 
as amended.
  The resolution (S. Res. 548), as amended, was agreed to.
  Mr. CORNYN. I ask unanimous consent the amendment to the preamble be 
agreed to, the preamble as amended be agreed to, and the motions to 
reconsider be laid upon the table en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4397) was agreed to, as follows:

       Strike the 14th clause in the preamble.

  The preamble, as amended, was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 548

       Whereas the State of Israel, since its founding in 1948, 
     has been a strong and steadfast ally of the United States, 
     standing alone in its commitment to democracy, individual 
     liberty, and free-market principles in the Middle East, a 
     region characterized by instability and violence;
       Whereas the special bond between the United States and 
     Israel, forged through common values and mutual interests, 
     must never be broken;
       Whereas Israel has an undeniable right to defend itself 
     against any threat to its security, as does every nation;
       Whereas Hamas is a terrorist group, formally designated as 
     a Foreign Terrorist Organization by the Secretary of State, 
     and similarly designated by the European Union;
       Whereas Hamas is committed to the annihilation of Israel 
     and opposes the peaceful resolution of the Israeli-
     Palestinian conflict;
       Whereas Hamas took control of the Gaza Strip in 2007 
     through violent means and has maintained control ever since;
       Whereas Hamas routinely violates the human rights of the 
     residents of Gaza, including attempting to control and 
     intimidate political rivals through extra-judicial killing, 
     torture, severe beatings, maiming, and arbitrary detentions;

[[Page 11610]]

       Whereas Hamas continues to hold prisoner Israeli Staff 
     Sergeant Gilad Shalit, who was seized on Israeli soil and has 
     been denied basic rights, including contact with the 
     International Red Cross;
       Whereas the military build-up of Hamas has been enabled by 
     the smuggling of arms and other materiel into Gaza;
       Whereas the Government of Iran has materially aided and 
     supported Hamas by providing extensive funding, weapons, and 
     training;
       Whereas since 2001, Hamas and other Palestinian terrorist 
     organizations have fired more than 10,000 rockets and mortars 
     from Gaza into Israel, killing at least 18 Israelis and 
     wounding dozens more;
       Whereas approximately 860,000 Israeli civilians, more than 
     12 percent of Israel's population, reside within range of 
     rockets fired from Gaza and live in fear of attacks;
       Whereas in 2007, the Government of Israel, out of concern 
     for the safety of its citizens, put in place a legitimate and 
     justified blockade of Gaza, which has been effective in 
     reducing the flow of weapons into Gaza and the firing of 
     rockets from Gaza into southern Israel;
       Whereas according to Michael Oren, the Israeli Ambassador 
     to the United States, ``If the sea lanes are open to Hamas in 
     Gaza . . . they will acquire thousands of rockets that will 
     threaten every single citizen in the state of Israel and also 
     kill the peace process. . . . Hamas armed with thousands of 
     rockets not only threatens 7,500,000 Israelis but it's the 
     end of the peace process.'';
       Whereas the Israeli blockade has not hindered the transfer 
     of approximately 1,000,000 tons of humanitarian supplies into 
     Gaza over the last 18 months to aid its 1,500,000 residents;
       Whereas, on May 28, 2010, the ``Free Gaza'' flotilla, which 
     included the Mavi Marmara and 5 other ships, departed from a 
     port in Turkey and sailed towards Israel's defensive naval 
     blockade of Gaza;
       Whereas the sponsor of the flotilla was a Turkish 
     organization, the Humanitarian Relief Foundation;
       Whereas the Humanitarian Relief Foundation has aided al 
     Qaeda in the past, ``basically helping al Qaeda when [Osama] 
     bin Laden started to want to target U.S. soil,'' according to 
     statements by a former French counterterrorism official, in a 
     June 2, 2010, Associated Press interview;
       Whereas the Humanitarian Relief Foundation has a clear link 
     to Hamas, according to a 2008 order of the Government of 
     Israel, and the Humanitarian Relief Foundation is a member of 
     the Union for Good, a United States-designated terrorist 
     organization created by Hamas leaders in 2000 to help fund 
     Hamas;
       Whereas there were at least 5 active terrorist operatives 
     among the passengers on the Mavi Marmara, with affiliations 
     with terrorist groups such as al Qaeda and Hamas, according 
     to the Israel Defense Forces;
       Whereas the flotilla's primary aim was to break the Israeli 
     blockade of Gaza, under the guise of delivering humanitarian 
     aid to the residents of Gaza;
       Whereas, on May 27, 2010, while the flotilla was moving 
     towards Gaza, one of its organizers admitted, ``This mission 
     is not about delivering humanitarian supplies, it's about 
     breaking Israel's siege on 1,500,000 Palestinians,'' 
     according to news reports;
       Whereas based on interviews with Mavi Marmara passengers 
     after the incident, the actual intention of passengers on the 
     Mavi Marmara had been to achieve ``martyrdom'' at the hands 
     of the Israel Defense Forces;
       Whereas Saleh Al-Azraq, a journalist who was aboard the 
     ship, recounted that, ``The moment the ship set sail, the 
     cries of `Allahu Akbar' began . . . It made you feel as if 
     you were going on an Islamic conquest or raid,'' according to 
     an interview recorded on Al-Hiwar TV on June 4, 2010;
       Whereas Hussein Orush, a Humanitarian Relief Foundation 
     official, read from the diary of a dead Mavi Marmara 
     passenger: ``The last lines he wrote before the attack were: 
     `Only a short time left before martyrdom. This is the most 
     important stage of my life. Nothing is more beautiful than 
     martyrdom, except for one's love for one's mother. But I 
     don't know what is sweeter--my mother or martyrdom.''', and 
     also stated, ``All the passengers on board the ship were 
     ready for this outcome. Everybody wanted and was ready to 
     become a martyr. . . . Our goal was to reach Gaza or to die 
     trying. All the ship's passengers were ready for this. IHH 
     was ready for this too.'', according to an interview recorded 
     on Al-Jazeera TV on June 5, 2010;
       Whereas Ali Haider Banjinin, another dead Mavi Marmara 
     passenger, told his family before departing on the flotilla, 
     ``I am going to be a martyr, I dreamed about it,'' according 
     to news reports in Turkey;
       Whereas Ali Ekber Yaratilmis, another dead Mavi Marmara 
     passenger, ``always wanted to become a Martyr,'' one of his 
     friends told Al-Hayat Al-Jadida newspaper in an interview on 
     June 3, 2010;
       Whereas one female passenger on the deck of the Mavi 
     Marmara stated, ``Right now we face one of two happy endings: 
     either martyrdom or reaching Gaza,'' according to Al Jazeera 
     footage taken prior to the incident;
       Whereas the Government of Israel had extended a reasonable 
     offer to transfer the flotilla's humanitarian cargo to Gaza;
       Whereas the Mavi Marmara and the other ships of the 
     flotilla ignored repeated Israeli calls to turn around or be 
     peacefully escorted to an Israeli port outside of Gaza;
       Whereas, on May 31, 2010, the Israeli Navy intercepted the 
     Mavi Marmara 75 miles west of Haifa, Israel, in an effort to 
     maintain the integrity of the blockade and prevent potential 
     smuggling of arms and other materiel into the hands of Hamas;
       Whereas upon the boarding of the Mavi Marmara by the 
     Israeli Navy, the Mavi Marmara's passengers brutally and 
     violently attacked the members of the Israeli Navy with 
     knives, clubs, pipes, and other weapons, injuring several of 
     them;
       Whereas the members of the Israeli Navy, under attack and 
     in grave danger, reacted in self-defense and used lethal 
     force against their attackers on the Mavi Marmara, shooting 
     and killing 9 of them;
       Whereas the incident has fomented unwarranted international 
     criticism of Israel and its blockade of Gaza;
       Whereas in the time since the attack, the United Nations 
     has unjustly criticized the actions of the Government of 
     Israel and called for an investigation of such actions; and
       Whereas the actions of the United Nations are undermining 
     Israel's inherent right to self-defense, compromising its 
     sovereignty, and helping to legitimize Hamas: Now, therefore, 
     be it
       Resolved, That it is the sense of the Senate--
       (1) that Israel has an inherent and undeniable right to 
     defend itself against any threat to the safety of its 
     citizens;
       (2) to reaffirm that the United States stands with Israel 
     in pursuit of shared security goals, including the security 
     of Israel;
       (3) to condemn the violent attack and provocation by 
     extremists aboard the Mavi Marmara, who created a highly 
     destabilizing incident in a region that cannot afford further 
     instability;
       (4) to condemn any future such attempts to break the 
     Israeli blockade of Gaza for the purpose of creating or 
     provoking violent confrontation or otherwise undermining the 
     security of Israel;
       (5) to condemn Hamas for its failure to recognize the right 
     of Israel to exist, its human rights abuses against the 
     residents of Gaza, and its continued rejection of a 
     constructive path to peace for the Israeli and Palestinian 
     people;
       (6) to condemn the Government of Iran for its role, past 
     and present, in directly supporting Hamas and undermining the 
     security of Israel;
       (7) to encourage the Government of Turkey to recognize the 
     importance of continued strong relations with Israel and the 
     necessity of closely scrutinizing organizations with 
     potential ties to terrorist groups.
  Mr. CORNYN. Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Missouri is recognized.
  Mr. BOND. Mr. President, my friend and colleague from North Dakota 
has been kind enough to allow me to speak because of some scheduling 
concerns, and I ask unanimous consent when I complete my remarks he be 
recognized for 15 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BOND. I thank the Chair.
  The PRESIDING OFFICER. The Senator from Missouri is recognized.
  Mr. BOND. I thank the Chair.
  (The remarks of Mr. Bond pertaining to the introduction of S. 3538 
are located in today's Record under ``Statements on Introduced Bills 
and Joint Resolutions.'')
  The PRESIDING OFFICER. The Senator from North Dakota is recognized.

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