Foreign Relations of the United States, 1981–1988, Volume XXIV, North Africa

350. Telegram From the Department of State to the Embassy in Tunisia¹

72156.

Washington, March 12, 1987, 0219Z

SUBJECT

• GOT Claim for Ex Gratia Compensation From Israelis.

Ref:

• (A) Tunis 2394;² (B) 86 Tunis 5052.³

1. (S) Entire text.

2. Department agrees with Embassy speculation (para 4 reftel) that renewed GOT pressure for ex-gratia payment from Israelis well might stem from publicity surrounding Pollard affair.⁴ It is therefore especially imperative that we not imply to Tunisians that USG was responsible either for the raid or obligated in some manner to compensate for damages. Accordingly, any suggestion that aid funds be labeled as compensation for the Israeli bombing is totally unacceptable. We also want to avoid implying to GOT that we see much chance that Israelis will respond positively to a Tunisian request. Indeed, we believe the chances of this are virtually nil. We are willing, nonetheless, to go back to the GOI on this if GOT wishes us to do so.

3. Accordingly, Embassy Tunis should go back to Sahbani with following points:

— As GOT knows, 10/1/85 attack on PLO headquarters in Tunis was an Israeli action without any USG involvement. Likewise, any decision on ex-gratia payments must be one for the Israelis alone to make.

— It is entirely inappropriate to suggest that USG funded programs, whether aid or otherwise, be labeled as compensation for the Israeli attack. To accept such a proposal would incorrectly imply that USG was responsible for damage which resulted from Israeli raid.

— Such a proposal thus would run counter to the understanding, voiced by President Bourguiba and other top ranking GOT officials, that matter of Israeli attack is not a U.S.-Tunisian bilateral issue.

— If the GOT wishes to continue to pursue the question of possible compensation from Israel, we believe the best course would be to put together the specific data earlier requested by the Israeli Government (FYI reftel B). Again, although the USG cannot predict what ultimate Israeli decision might be, we remain willing to relay Tunisian data relevant to GOI consideration of this matter.

Shultz

1. Source: Department of State, Executive Secretariat, S/S Records, 1987 Nodis Telegrams: Lot 95D26, Tunis Nodis 1987. Secret; Priority; Nodis. Drafted by Zweifel; cleared by Paul Wilcox (NEA), Andrew Steinfeld (P), John Arbogast (L/NEA), James Bindenagel (S/S–O), and Pascoe (S/S); approved by Murphy. Sent for information to Tel Aviv.
2. In telegram 2394 from Tunis, March 9, the Embassy reported: “GOT Deputy Foreign Minister Taieb Sahbani convoked Chargé morning March 6 to raise question of compensation to Tunisia as a result of October 1, 1985, Israeli attack on PLO Headquarters at Hammam Chatt.” The Embassy continued: “Security Council Resolution called for compensation and that Tunisia had the consequent right to go back to the Security Council.” The Embassy also reported that “Sahbani reviewed background on question” and noted that “Sahbani’s main point was that Tunisian losses incurred at Hammam Chatt continue to be a domestic political issue for the GOT with ramifications for US-Tunisian relations.” (Ibid.)
3. In telegram 5052 from Tunis, May 22, 1986, Sebastian reported that he had told Essebsi “in our good offices capacity, we have made some progress on the question of possible ex gratia payment in compensation for Tunisian losses flowing from Israeli Oct. 1 raid. PM Peres has told us that he is prepared without commitment at this stage to study detailed listing of Tunisian casualties and/or property damage stemming from the raid.” (Department of State, Central Foreign Policy File, Electronic Telegrams. N860005–0542)
4. Reference is to Jonathan Pollard, a former intelligence analyst who pled guilty in 1986 to spying for Israel. On March 4 he was sentenced to life in prison. Documentation on the incident is scheduled for publication in Foreign Relations, 1981–1988, vol. XIX, Arab-Israeli Dispute.