UNITED NATIONS Distr. GENERAL SECURITY S/5401 COUNC'IL 24 August 196.3 ORIGINAL: ENGLISH

REPORT BY THE SECRETARY-GENERAL ln~JCF.'RN1.NG RECENT INrIDENTS IN MID l\1E'AR 'lEE DBI.ILITARIZED Z)NE :;REA'IED BY AR'II CLE V) PARAGRAPH 5) OF TEE IEFAEL-SYRIAN GE~EPAL tr~ISTICE AGREEME~T

The Secretary-General of the United Nations has the honour to circulate herewith a report dated 2.3 August 196.3 received by him from the Chief of Staff of the United Nations Truce Supervision Organization relating to incidents which are the subject of the letters dated 20 and 21 August 196.3 from the .. ."~ , Acting Permanent Representative of Israel addressed to the President of the Security Council (S/5.394 and S/5.396), and of the letter dated 21 August 196.3 from the Permanent Representative of the Syrian Arab Republic addressed to the President of the Security Council (S/5.395).

Letter dated 23 August 196.3 from the Chief of Staff of the Truce Supervision Organization addressed to the SecretarY-General

1. Enclosed please find my report on matters relating to the Israel complaint contained in Security Council document S/5.394, and to the Syrian complaint contained in Security Council document S/5.395. 2. I have given primary attention to the events leading up to the incidents of 19 and 20 August 196.3. I consider it necessary however to provide a panoramic view of the situation along the Israel/Syrian armistice demarcation line against which to examine these complaints, and to advise you of measures I have taken and measures of a general character I proposed should be taken to restore tranquility in the mission area. It might be of interest to note that military observers from twelve Member States have participated in the observation and investigation processes which have made this report possible. I consider that their devotion to duty and their objectivity reflect credit on them and on the United Nations.

(Signed) Odd Bull Lieutenant-General 6.3-18041 / ••• ~-~ ------

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Report by the Chief of Staff of the United Nations Truce SUpervision Organization to the Secretary=General concerning recent incidents in and near the demilitarized zone created by Art:i.cle V, paragraph 5_, of the Israel-Syrian General Armistice A~reement

1. I have the honour to report on matters relating to the letters addressed to the President of the Security Council by the Acting Permanent Representative of Israel on 20 and 21 August 1963 (S/5394 and S/5396) and by the Permanent Representative of the Syrian Arab Republic on 21 August 1963 (S/5395). The report will deal with: A. The events which led up to the current tense situation, B. A description of the Almagor incident on the night of 19 August 1963 as disclosed by the investigation report, C. A description of the exchange of fire on 20 August 1963 in the vicinity of Dardara farm in the central sector of the demilitarized zone as disclosed by the investigation report, D. The subsequent developments, and E. The measures taken and proposed by the Chief oY Staff to alleviate tension and restore peace and tranquility in the mission area.

A. Events leading up to the current tense situation

2. The problem concerning the use of lands in the demilitarized zone created by Article V, paragraph 5, of the Israel-Syrian General Armistice Agreement has been the cause of friction between the parties and led in the past to serious incidents (see, for instance, the report by my predecessor dated 16 February 1960, S/4270). 3. turing a meeting in Damas~us on 9 February 1961 between my predecessor and the Syrian authorities, the latter expressed their interest in a status quo regarding the use of land in the demilitarized zone. The suggestion regarding such a status quo was communicated to the Israel authorities for their consideration. Both parties have since expressed their Willingness, in principle, to have the limits regarding the use of lanCl. in areas of the southern sector of the demilitarized zone (hereinafter called southern demilitarized zone) established and marked on the ground. There are, however, conflicting views as to the date on which such status quo should be based and also what parcels should be included. / ... 8/5401 English Page 3

4. The agricultural activities by members of Kibbutz Haon (MR 2087-2369) in the southern sector of the demilitarized zone have resulted in a number of recent complaints from the parties. 5. A chronological summary of the complaints lodged by Syria concerning agricultural activity by Israel in the southern demilitarized zone from 19 May 1963 to 18 August 1963 and of the reports made by the United Nations military observers who investigated these complaints, when an investigation was requested and completed, is contained in Annex I. 6. rl chronologj cal summary of the complaints lodged by Israel concerning firing by Syrian military positions into the Haon fields in the southern demilitarized zone from 23 June 1963 to 18 August 1963 and of the reports made by the United Nations military observers \~10 investigated these complaints, when an investigation was requested and completed, is also contained in Annex I. 7. A chronological summary of the complaints lodged by Israel and Syria concerning firing, illegal cultivation, c~c., in the central sector of the demilitarized zone (hereinafter called central demilitarized zone), particularly the Hula area and the Almagor-Jordan delta area, from 19 May 1963 to 19 August 1963, and of the reports made by the United Nati.ons military observers who investigated these complaints, when an investigation was requested and completed, is contained in Annex II.

B. Almagor incident on the night of 19 August 1963

8. At 1715Z, 19 August 19630P (observation post) telta (MR 2083-2556) reported that approximately seventy-five rounds of heavy machine gun fire in bursts of five to six rounds per burst were heard. The firing, the origin of which could not be observed, seemed to be about 1,500 metres north-west of OP telta. 9. On 19 August 1963, at 1830, an Israel verbal complaint (No. 1~924) alleged: "On 19 August 1963, at approximately 1715Z, a tract.or of Kibbutz Almagor was ambushed in the Kibbutz field by Syrians who had previously penetrated into Israel territory. TvTO men of the tractor team were seriously wounded. A.t the same time heavy machine gun fire vTas opened fx'om the Syrian military positions in the delta of the Jordan in the central demilitarized zone at Kibbutz Almagor. Investigation requested. I1 10. On 20 August 1963, at 0730Z, Lt. Colonel Falarcleau, Chief Operations Officer UNTSO, received a telephone call from Lt. Colonel Caleff, teputy Director of Armistice Affairs, stating that the latest information Colonel Caleff S/5401 English Page 4 had received was that two men had been killed instantaneously by the ambush and that the third man had fled pursued by machine gun fire and grenade. Colonel Caleff stated that the ambush consisted of ten Syrians who were outside the demilitarized zone at the western side at MR 20700-25670. Colonel Caleff said that Israel would not do anything until they had made a complete investigation and requested that we ask the Chairman to distribute the investigation report as soon as possible. 11. On 20 August 1963, at 1125Z, the Senior Israel Delegate passed the follOWing message: lI~\mend my message (complaint) of last night to read two men of tractor team ,{ere murdered. 11 12. On 20 August 1963, at 1000Z, the Chairman ISMAC (Israel-Syrian Mixed Armistice Commission) had a meeting with the Senior Syrian Delegate at which the Almagor incident was raised. The Chairman pointed out that the map reference shm{ed that the Israel tractor was in Israel territory and he asked the Senior Syrian delegate for an explanation for the shooting and wounding of two tractor drivers. The Senior Syrian Delegate denied that any Syrians ,{ere inv·olved and said that they had no interest in what went on in Israel territory. He could make no suggestion as to who might have done the shooting. The Chairman pointed out that the investigation was proceeding. 13. On 21 August 1963, at 1230Z, the Chief of Staff of UNTSO had a meeting with Mr. Salah Eddine Bitar, President of the Council of Ministers and Syrian Minister of Foreign Affairs. The meeting took place at Mr. Bitar's request. Referring to the shooting incident on 19 August in the Almagor area, Mr. Bitar stated that the Government of Israel announced that two soldiers had been killed. Twice in the conversation Prime Minister Bitar assured the Chief of Staff that Syrians had not killed soldiers anywhere and that they had had nothing to do with the shooting of these two soldiers. 14. The complaint concerning the Almagor incident (No. 4924, see paragraph 9 above) was investigated on 20 August 1963. Five witnesses were interrogated. (1) The first witness said that at approximately 1715Z, he and two other men from Almagor Kibbutz while on a tractor were ambushed (at approximately MR 20680-25670). He was able to escape and returned to the Kibbutz, leaving the two companions behind. He returned to the scene of the incident with a party from the Almagor Kibbutz and found his two companions casualties. He was not injured during the ambush. 8/5401 English Page 5

(,"2) The second 'vitness, the Deputy Commander of Almagor Kibbutz, stated that at approximately 1715Z bursts of fire were heard to the south of Kibbutz. He organi zed .. "- party of eight armed men and proceeded to the area of the incident 'vhere l'':: found two casualties. (3) The third witness, medical assistant from the Almagor Kibbutz, stated that he proceeded to the scene of the incident with the party of eight from the Almagor Kibbutz and was responsible for the evacuation of the ~vo casualties. (4) The fourth witness, a doctor from the 8afad General Government Hospital, stated that ~n arriving at the Almagor Kibbutz he found the two casualties dead. (5) The fifth witness, a police tracker, stated that the persons who conducted the ambush advanced from the direction of the Jordan River into a hidden position along which the tractor was driven. He said there were approximately ten persons in the ambush party. Fire by the ambush party was opened at short range and the two casualties were finally fired at f:rom a distance of approximately one metre. The ambush party withdrew on the same line on which they had advanced. ~1e investigating officers collected spent cartridge cases as physical evidence. They also saw two dead bodies riddled with holes; a tractor with numerous bullet holes; amagazine from an automatic weapon; a lever handle from a grenade; spent bullets and spent cartridge cases; the area where grenades had exploded; the ambush position with spent cartridge cases; blood on the tractor; a pool of blood where one man allegedly had been shot leaving part of his brain; tracks leading from the direction of the Jordan River to the ambush position and area of the tractor where pools of blood were seen, and the tracts returning in the direction of the Jordan River. 15. The written text of the entire investigation report is attached as Annex III.

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C. ;, description of the exchange of fire on 20 August 1963 as disclosed by the investi~ation report and the observations of United Nations military observers

16. On 20 "",ugust 1963, an Israel verbal complaint (No. 4928) alleged: "On 20 ;.ugust 1963, at approximately 0915Z, two bursts of machine gun fire were directed from Syrian military positions in Khirbet Dika at Almagor. F~re waG not returned. No investigation required." 17. ~t 1010Z, an exchange of heavy machine gun and rifle fire was reported by OP Bravo (2107-2752). 18. At 1013Z, OP Charlie (2103-2719) reported that fire was opened by Syrians from a position north-east of the OPe Fire was returned and continued until 1050Z. i'leapons used were heavy machine guns, machine guns and rifles. 19. On 20 August 1963, an Israel verbal complaint (No. 4925) alleged: liOn 20 1\UgUSt 1963, at approximately 1015Z, heavy machine gun fire was opened from Syrian military positions at Tel Hilal (MR 21080-27425) at a tractor working at Ashmora (2099-2742) field. No investigation requested at the moment." About one hour later, the Senior Israel delegate requested the following addition to his complaint: tlFire was returned. Exchange ended l050Z. Investigation requested. " tue to the situation, the Chairman of IS~~C ~as ~ueried on the advisability of withholding the investigation of the above complaint until the situation \{as more tranquil. He decided that the investigation would not be conducted until approval had been given by the Chairman. It ·was anticipated the area would be safe to enter on 21 August 1963. The investigation requested in ISMAC-4925 was cancelled by the Senior Israel delegate who accepted investigation of ISML~C-4929 as being sufficient coverage for both complaints. 20. On 20 August 1963, a Syrian verbal complaint (No. 4926) alleged: liOn 20 August 1963 t' ~ Israelis opened fire without warning at approximately 1330 LT (1030Z) in the central demilitarized zone. Fire Has from fifteen tanks located between 271 and 277, using machine guns and tank guns. Syrians were forced to reply with some shots but no heavy \oTeapons. Investigation requested." The above-mentioned complaint was investigated on 21 August. Four \oTitnesses were interrogated. The summary of their statements is as follo\oTs:

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(1) First 'vitness states that the Israelis startec.l shuoting at 13102. to",ar~ls '~'.2 village of El Sayyada from the Eastern canal. Shooting came from

armoured r·e.n<"!lt~l carrier and "TaS intermittent until 1530Z. Shooting caused damage to house ani started a fire ,,,hich burnt crops. (2) Second ,,,itness' statement was the same as that of the first. (3) Third witness' statement '''as the same as that of the first, but he added that fire was returned by Syrians and claimed an armoured personnel carrier was hit at MR 2100-2762. He also claims having seen an Israel tank going towards Nottrra Kibbutz, but it was not shooting. (4) Fourth witness l statement was basically the same as that of the third witness, but he claimed the tank was located at MR 2101-2743 and it was shooting. The investigating United Nations military observers savT burnt fields at Darbashiya (2105-2770), El Sayyada village (MR 2110-2770), the Wadi El Fazir (MR 2110-2748), the Wadi El Jalabina (MR 2105-2724) and damage from small arms fire at El Sayyada village. Photographs were taken and a sketch map drawn. 21. At 1054z OP Charlie (MR 2103-2719) reported that fire was opened again, this time by Israelis. Fire was returned; heavy machine guns were used. The initial shots were observed by OP Charlie as originating west of the OP. 22. At 1105Z op-4 (MR 2099-2782) reported the presence of an arreoured personnel carrier in the Israel defensive area at ~ffis2107-2e06 to 2104-2774, in violation of the General Armistice Agreement. 23. At 1127Z OP Charlie reported that firing had again resumed, this time from the Syrian side, north-east of the OP. Fire was returned by the Israelis, both parties using heavy machine guns, machine guns and rifles. The shooting was reported to be intense. 24. From 1210Z to 1212Z an additional exchange of light machine gun fire took place but the initiator was not observed, although it was reported to come from south-west of the OP. An explosion was heard as having taken place at approximately MR 2090-2716. 25. On 20 August 1963 an Israel verbal complaint (No. 4929) alleged: liOn 20 August 1963, between approximately 1015Z and 16coz, Syrian military position located between Darbashiya (21110-27695) and the customs house area fired from heavy machine guns at Ashmora farm (2103-2731), Leery Bridge (2091-2716) area

/ .J S/5401 English Pae;e 8 and the track leading south from op-4. Fire was returned intermittently until 1300Z. Four cease-fires suggested by the Chairman were not observed and were violated by the Syrians. Investigation requested. t1 Simultanecusly with the complaint, the Senior Israel Delegate sent the following message: "The Syrian systematic attacks against Israel continue after last night's murderous attack on settlers in Almagor. Today the Syrian military positions in area between Darbashiya and customs house attacked peaceful farmers in the area. Fire Ivas returned only after the lives of the people Ivere endangered. Israel security forces ceased their fire at 1300Z even prior to the time suggested by the Chairman for the first cease-fire at 1325Z. This was strictly observed by us in spite of continuous provocative attacks by the Syrians who broke three other cease-fires suggested by you, using heavy machine guns and mortars. The Syrian attacks caused a very serious deterioration of the situation along the line and have put the whole UNTSO machinery in a very awkward position. I do hope that the Chairman's efforts will bear fruit and be directed at the aggressors 11 • The above mentioned complaint was investigated on 21 August. Six witnesses I'rere interrogated: (1) The first Witness, a tractor driver, working at approximate MR 2099-2738, stated that at approximately 1210 LT he was fired upon by heavy machine guns from the Syrian military position at Tel Hilal (approximate MR 2108-2742). (2) The second Witness, a corporal of the border police protecting the tractor of the first Witness, confirmed the statement of this first witness and stated he ordered return fire at 1215 LT. Return fire continued intermittently until approximately 1500 LT. He said Syrian fire continued until approximately 1800 LT. (3) The third witness, a bulldozer driver, working at approximate MR 2099-2751, stated that at approximately 1230 LT he was fired upon from Syrian military position at Ein Tina (approximate MR 2108-2756). During withdrawal from area at approximately 17CO LT he was fired upon from the Syrian military position at Darbashiya (approximate MR 2111-2770). (4) The fourth witness, a corporal of the border police protecting the bulldozer of the third witness, confirmed the statement of the third witness and stated he ordered return fire at approximately 1230 LT. Return fire continued 8/5401 Ene;lish PaGe 9 intermittently until approximately 1500 LT. Syrian fire continued until approximately 1200 LT. He said fire was not returned against the Syrian military position at rarbashiya (approximate MR 2111-2770). (5) The fifth witness, a corporal of the border police in the area of Leery Bridge (approximate MR 2092-2718) stated that a civilian truck was fired upon by machine gun and/or from the Syrian military position at :eurijat (MR 2092-2706) at 1324 LT. Fire was returned immediately and continued intermittently until approximately 1500 LT. He said Syrian fire continued until approximately 1545 LT. (6) The sixth Witness, a lieutenant of the border police in charge of guard parties in the area, stated that fire \{as originally started from Syrian military positions at 1210 LT. He ordered return fire. He later ordered an armoured personnel carrier into position to provide covering fire as required. He controlled the Israel cease-fire in the area. He said there was no Israel return fire after approximately 1500 LT. The investigating United Nations military observers saw as physical e~~dence small arms hits on the bulldozer of the second witness. Photographs were taken, a sketch \Vas made of the area indicating source and targets of fire. 26. At 1235Z, the Chairman, ISMAC, proposed a cease-fire to be effective from 1325Z. Both parties agreed. However, OP Charlie reported that at 1325Z, the Syrians opened fire from their positions. Fire was returned one minute later by Israelis. This exchange lasted until 1344z. The target aimed at by Syrians in this instance was an Israel armoured personnel carrier located in the Dardara farm and each other's military positions in the Vicinity. In addition to the firing of heavy machine guns, three heavy explosions were heard. OP Bravo reported that Israel fire was coming from north-east side of East Bridge, MR 2096-2729. 27. From 1400z to 1403Z, OP Charlie reported two more explosions south of the OP. 28. In the meantime, Chairman, ISMAC, proposed a new cease-fire for 1430Z. The Senior Israel Delegate agreed but the Senior Syrian Delegate could not be reached until too late. This proposeu cease-fire therefore was not effective. The Chairman then proposed a third cease-fire to take place at 1515Z. Both parties agreed. However, at 1500Z, Syrians opened fire and Israelis retaliated. At 1517Z, fire was opened again but it was not possible to observe who fired first. 8/5401 English Page 10

29. A fourth cease-fire was proposed for 1630Z. Both parties agreed and

adhered to it. No further shooting '-ras reported 011 that day. 30. Beb-reen l530Z and 1535Z, a brief air engagement involving six aircraft w'as observed over Lake Tiberias and reported by OPs Echo and Foxtrot. Identification of nationalities of aircraft could not be estublished since no markings could be seen on the fuselage. 31. On 20 August 1963 an Israel verbal complaint (No. 4927) alleged that: II.:-\t approximately 1535Z, eight Syrian jet fighters violated Israel airspace over southern Lake Kinneret in Jordan Valley area. The Syrian planes were intercepted and one Syrian jet fighter was shot down. Investigation requested." The above-mentioned complaint was investigated on 20 and 21 August 1963. Three witnesses were interrogated. The first witness stated that during the air battle on 20 August an object fell on the ground landing approximately 2CO metres north-east of the village of Menahemya. He said he found the object which is identified as a type of fuel tank used by aircraft; the tank had Arabic markings. The second witness said he saw a second object fall to the ground in the same area as the first object and made the same identification of this object as the first witness. The third witness had removed an object to an army camp at approximate MR 2054-2345. The investigating United Nations military observers saw aircraft fuel tanks with Arabic markings. 32. The afternoon's activity produced the above mentioned con~laints and counter-complaints from both sides. However, investigation could not be started until the shooting stopped and by then it was too late for it to be carried out on 20 August. For this reason this report is based on electrically transmitted summaries. The full text has not yet been received.

D. Subsequent developments

33. On 21 August 1963, an Israel verbal complaint (No. 4930) alleged: liOn 21 August 1963, at approximately 0605Z, five rifle shots were directed from the Syrian military position in the delta of the Jordan at the police post.

Fire '-ras not returned. Investigation not requested. 11 34. At 2218z on 21 August 1963, OP Charlie (MR 2103-2719) reported that seven rounds of light machine gun fire were heard. The fire was believed to have originated approximately 600 metres north of OP Charlie. / ... 8/5401 EnGlish Page 11

55. On 22 ":~ugus t 1963, an Israel verbal complaint (No. 495:?) ··llec;c,l: "011 21 August 1963, at approximatel y 2150?" one burst of mach Lne ,:::Ull fire Wu: directed from the Syrian military positions in rurigat in Q westerly direction. Fire was not returned." Investigation not reQuested. 36. On 22 Jugust 1963, an Isr verbal complaint (No. 4933) 811E:J:el: "On 21 August 1963, at approximately 2145Z, two rifle shots ivere directel from the Syrian military positions in Jalabina at :J.shmora farm (MR 2103-·2731). Fire Has not returned." Investigation not reQuested. 37. On 22 ;mgust 1963, an Israel verbal complaint (No. 4934) alleged: "On 21 August 1963 at approximately 2240z, six or seven machine gun bursts 'Tere directed from the Syrian military positions in rurijat (approximate MR 2098-2706) at the Leery Bridge area (approximate MR 2091-2716) and Kibbutz Gadot (approximate MR 2085-2695). Fire was not returned." Investigation not reQuestecl. 38. On 21 August 1963 an Israel verbal complaint (No. 4935) allegecl: "On 22 August 1963, at approximately 09352 and again at 0937Z, two rifle shots \Tere directed from the Syrian military pe"":itions in Jalabina area, approximate MR 2107-2721, at Ashmora farm, approximate MR 2103-2731. Fire '"as not returne:L" No investigation reQuested. 39. On 22 August 1963 an Israel verbal complaint (No. 1.~936) alleGed: "8n 22 August 1963 at approximately 1205Z six bursts of machine Gun fire were directed from the Syrian military positions at Darbashiya in a Hesterly direction tmTards the track leading south from OP 4. Fire vias not returned." Investir~ation not required. 40. On 23 August 1963, an Israel verbal complaint (No. 4937) alleged: "On 23 August 1963, at approximately 1020Z, a truck struck a mine preViously planted by Syrians in a track in the Almagor fields at the same place where the Syrians had ambushed and murdered tvlO settlers on 19 l\ugust." InvestiGation requested. The above-mentioned complaint was investigated on 23 August 1963. Five witnesses were interrogated. The first witness was a truck driver who stated that, while driving down the track at approximately 10203, he ran over a land mine which exploded and damaged the rear wheel of the truck sliGhtly. MR of spot was approximately 2068-2567. The second Witness, the Superintendent of border police, testified to the fact that since the 19 August jncident several / ... S/5401 English Page 12

vehicles had. passed along this same road. The third witness ,,,as the local commander ,,,ha stated that a vTillys jeep t,vice passed the spot of the alleged incident of today, 23 August. The fourth witness was a police engineer who stated that an uncxplcded mine found in the same hole was a British Mark II anti-tank mine, two and a half kilo high explosive, alleged to be in standard use by Syrian military forces. The fifth witness was a police tracker who stated that he arrived shortly after the incident and found footprints of three people coming from Syria to the spot of the incident and returning the same way. Tracks were not older than 24 hours. The physical evidence seen by the United Nations military observers included a hole made by the explosion, mine fragments, damaged. truck rear wheels, one unexploded mine, footprints proceeding east and west. Five photographs were taken. Fragments of mine were retained by investigating officers on signed receipt. A sketch has been made of the scene of the alleged incident.

E. Measures taken and proposed by the Chief of Staff to alleviate tension and restore tranquility in the area

41. The parties should comply fully vTi th the order contained in the Security Council resolution of 11 August 1949 to observe an unconditional cease-fire and should also abstain from any acts of hostility as provided in the General ,4,rmistice Agreement (Article Ill, paragraph 3). I cannot therefore subscribe to any policy by the parties based on the use of force, nor can I condone any firing for vn1atever purpose across the Armistice Demarcation Line. 42. I am pleased to be able to report that during a meeting in Damascus on 21 August 1963 with the Prime Minister of Syria, Mr. Salah Eddine Bitar, I

fl received a cease-fire assurance except if acting in lI self-defence • A similar undertaking was given to me on the same day by the other party. 43. As a result of the serious tension between the parties which, in my opinion, stems to a large extent from the apprehension resulting from allegations concerning a build-up of armed forces, I decided to write on 20 August 1963 to the two parties to the General Armistice Agreement requesting their co-operation for a visit of the areas defined in the last paragraph of ar'ticle V

of the General Armistice /\greement, the so-called lIdefensive areas 11 • The

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;hrector of Armistice Affairs of the Israel Foreign Ministry informed me orally of the acceptance by Israel of a simultaneous visit of both defensive areas. The Commander-in-Chief of the Arab Syrian Army, Major-General Hafez, acknowledging my letter, pointed out that in so far as the last incident bet,veen Syria and Israel took place frcm a base in the demilitarized zone, namely, the Israel settlement in Dardara in the central demilitarized zone, he would like a visit of the demilitarized zone to be ordered. I then suggested to both parties to include the visit of the demilitarized zone in the simultaneous visits of the fldefensive areas". The Director of Armistice Affairs of the Israel Foreign Ministry notified me of Israel's acceptance of my new proposal. Next, the Syrian authorities notified me of their agreement to visits of the demilitarized zone and defensive areas in that order. The Israel Government agreed. 44. Following the incident of Jan~ary/February 1960 in the Tawafiq/Beit Katzir area in the southern sector of the demilitarized zone, my predecessor (General Von Horn) issued findings, on 20 January 1960, fixing limits concerning the use of lands in that area without prejudice to the validity of legal claims presented by either party in the final settlement (Report by the Chief of Staff of the United Nations Truce Supervision Organization, dated 16 February 1960, 6/4270, Annex V). Although these limits were not marIted on the ground, it is to be noted that following the findings .of the Chief of Staff, the number of incidents greatlY decreased in that area. Efforts have since been undertaken by the United Nations Truce Supervision Organization in co-operation with the parties to materialize on the ground the eastern limits of permissible Israel use of land in that area in order to avoid any misunderstanding due to the difficulty for the parties and the United Nations military observers in the observation posts to ascertain with precision the said limits. The work of ploughing a furrow to that effect was begun, but was interrupted as a result of a divergence of interpretation concerning the status guo for a ~articular parcel. I intend to seek the co-operation of the parties to resume the materialization on the ground of the limits of the use of land in that area as well as in other parts of the southern and central sectors of the demilitarized zone. I believe that such materialization on the ground would greatly alleviate tension resulting from agricultural activities. / ... ------

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45. The TIarking o~ the Armistice Demarcation Line and of the former international frontier, where the Armistice Demarcation Line follmvs the boundary line, appears also as a necessary step tmvards the restoration of tranquillity in the area. In many places there are doubts as to the exact location of the line and this has been and remains a source of incidents. On 6 February 1963, a Canadian survey team established ~wo survey points in the area between MR 208809.7/294107.5 and MR 210705.9/294768.1. HmveveT, the parties have not yet agreed on how to proceed with a general survey of the lines, nor on the inclusion in the survey of the western limits of the demilitarized zone. I will ask the co-operation of the parties to sclve this difficulty as it is, in my view, a necessity to survey and mark the Armistice Demarcation Lines, and the old .international frontier, Ivhere it is separate from the Armistice Demarcation Line. 46. 1he question of the resunption of regular ~eetings of the Mixed Armistice

Com~ission bas been a moot issue 101' many years. Tbe parties disagree as to whetber the Mixed Armistice Corr~ission bas competence to discuss complaints relating to tbe demilitarized zone. Syria insists tbat the complaints sbe has submitted in this respect must be considered prior to the consideration of any complpints submitted at a later date:. Israel refuses to attend a meeting at wbich such complaints Ilould be discllssed and insists that tbey be deleted from tbe agen~~. The following quotation from tbe report by the Chief of Staff of the Truce Supervision Organization, dated 6 January 1955 (S/3343), paragraph 23, could be inserted in the present report:

liThe situation remains, therefore, as described in the report of 6 November 1951 transmitted by the Chief of Staff in accordance with the Security Council resolution of 18 May 1951:

'1here are differences of opinion between the parties to tbe Armistice Agreerr.ent on tbe meaning of various provisions of Article V, including those wbich relate to the Cbairman's powers, but neither party bas requested an interpretation by tbe Mixed Armistice CommiEsion on the manner establisbed by Article VIr of the Agreement, and the Cbairman has bad to rely on his mm interpretation, knO\oTing that in many cases it I0T0Uld probably be found unacceptable by one party or by both and tbat bis requests were likely to meet l-ritb refusal on tbe ground that he \las exceeding bis pmvers or acting in so~e other manner contrary to the provisions of tbe Armistice Agreen:ent. I (S/2389, paragraph 4) 'I / ... S/540l English Page 15

The Israel Delegation did not attend emergency meetings of the Mixed Armistice Commission which dealt with incidents occurring in the demilitarizeQ zone. As recently as 9 April 1962 the Security Council urge,d llthat all steps necessary for re-activating the Mixed Armistice Commission ••• be promptly takenll •I intend to urge the parties to meet again within the Mixed Armistice Corrmission machinery as a further step t01vards a fuller implementation of the General Armistice Agreement. It is to be regretted that the parties did not take advantage of this machinery to request an emergency meeting of the Mixed Armistice

Commission to consider their complaints relating to the recent incidentf3 of 19. and 20 August 1963. 47. I wish further to stress the necessity for United Nations military observers to enjoy complete and unrestricted freedom of movement, particularly in the demilitarized zone. Various restrictions, as for instance the requirement that United Nations military observers be accompanied by a liaison officer, have sometimes delayed the performance of their functions. 48. I also envisage the possibility of using mobile and temporary observation posts as a deterrent against incidents whenever particular situations would require their presence in the demilitarized zone. 49. An early exchange of pris,oners held at present in Syria and in Israel would also help in relieving tension. The Syrian authorities have given the names of eight Israel prisoners and the Israel authorities have corrmunicated the names of ten Syrian prisoners or detainees. I have proposed to the parties to bring to Banat Yacoub Bridge on the Jordan River, in the central demilitarized zone, all their prisoners and detainees who would be interrogated by United Nations military observers, one by one, in the presnece of representatives of the parties, as to their desire to be repatriated. Those Wishing to be repabriated would be turned over immediately to their appropriate representatives, and those who would decline such offer would not be forced across the border. In addition to the above-mentioned eight prisoners, the Syrian authorities are holding three Israelis, a man and two women, who on 13 July 1963, during a boat ride on Lake Tiberias, according to the evidence at our disposal, landed on the eastern shore of La,ke Tiberias, due to circumstances beyond their control. 50. In my opinion, the steps proposed should assist in limiting the disputes ef the parties to their real proportions without causing such tensions as this report has been dealing With and also should help dispel the mutual distrust of the parties. ~ ------

S/5401 English Annex I Page 1

ANNEX I

CHRONOLOGICAL SUMMARY OF (a) COMPLAINTS LODGED BY SYRIA CONCERNING AGRICULTURAL ACTIVITY BY ISRAEL IN THE SOUTHERN DEMILITARIZED ZONE FROM 19 MAY TO 18 ALUVST 1963 (b) COMPLAINTS LODGED BY ISRAEL CONCERNING FIRING BY SYRIAN MILITARY POSITIONS INTO THE HAOW FIELDS IN THE SOUTHERN DEMILITARIZED ZONE FROM 23 JUNE TO 18 ACGUST 1963 AND (c) REPORTS MADE BY THE UNITED NATIONS MILITARY OBSERVERS WHO INVESTIGATED THESE COMPLAINTS, WHEN AN INVESTIGATION WAS REQUESTED AND COMPLETED

1. On 19 May 1963, a Syrian verbal complaint (No. 3007) alleged: liOn 19 May 1963, at about 0800z, an Israel bulldozer and a truck were seen working on a new Samra land that had never been used before at approximate MR 210350-238600. This constitutes a clear violation of the status guo agreement. Investlgation

requested. It The above-mentioned complaint was investigated on 19 May. The investigation was conducted from OP Echo (MR 21017-23460) and a vantage point at approximate MR 2114-2379. One witness was interrogated. His statement substantiated the complaint. He stated he had been stationed locally for three years as an observer in the area of the incident. The investigating United Nations military observers could view vehicle tracks and marks in the soil which would appear to substantiate the incident as stated in the complaint and by the witness. 2. On 20 June 1963, a Syrian verbal complaint (No. 3625) alleged: liOn 19 June 1963, at apprOXimately C640Z, an Israel tractor began to cultivate lands

not previoti...'ly cultivated at MR 210180-238680. Investigation requested. II The above-mentioned complaint was investigated on 20 June 1963. One vitness was interrogated, vho stated that the land vas not previously cultivated. One tractor was seen by investigating United Nations military observers to be clearing land at MR 20950-23781. The Chairman of ISl~C reported that the map references given in the complaint were not accurate. The easternmost part of cultivation in question seemed to be approximate MR 20999-23760. This location is vTell to the west of the line of previous Israel cultivation.

/ ... 8/5401 English Annex I Page 2 I 3. On 23 June 1963" an Israel verbal complaint (No. 3679) alleged: "On J 23 June 1963" at 1230Z" two bursts of machine gun fire Ivere fired from the Syrian military positions at Amarat-Aza-Din, approximate MR 2115-2378 at a tractor working the Haon field at approximate MR 21005-23760. Fire was not Teturned. No investigation requested." 1 4. On 25 June 1963, a Syrian verbal complaint (No. 3758) alleged: "On 24 June 1963, at about 0715Z, an Israel tractor started ploughing land not preViously cultivated at approximate MR 210340-237640 in the southern demilitarized zone, violating the status guo. Investigation requested. lI The above-mentioned complaint was investigated on 25 June. The centre of the field according to the complaint is at MR 2103-2376. Investigation established the MR to be approximately 2097-2382 (which is approximately 700 metres from the map references given in the complaint). The work in question took place west of the eastern limit of previous Israel cultivation. 5. On 28 June 1963, a Syrian verbal complaint (No. 3779) alleged: "On 27 June 1963, at about 0815Z and l400z, an Israel tractor started ploughing lands not preViously cultivated at approximateMRs210125-237240 and 210310-238560 in the southern demilitarized zone, Violating the existing status quo. Investigation requested." The above-mentioned complaint was investigated on 28 June. One witness was interrogated; he stated that an Israel tractor was ploughing a previously uncultivated field. Map references given in the Syrian complaint were incorrect" and so stated by the Syrian liaison officer. Correct map references, as agreed upon by the liaison officer, which represent the approximate centre of two strips which were the basis for the complaint, are: 20975-23830 and 20996-23820, 100 metres east west, 350 metres nQrth south, and 50 metres east west and 275 metres north south respectively. A sketch was made of the area but Syrian authorities would not permit photos to be taken. The Chairman of ISMAC reported that the complaint pertained to an area well to the west of the eastern limits of previous Israel cultivation. 6. On 22 July 1963" an Israel verbal complaint (No. 4250) alleged: "On 22 July 1963" at approximately 0725Z, two bursts of machine gun fire were directed from the Syrian military positions in Amarat-Aza-Din at a tractor working in the Haon fields. Fire was not returned." No investigation was requested. S/540l English Annex I Page 3

7. On 22 July 1963, a Syrian verbal complaint (No. 4251) alleged: "On 21 and 22 July 1963, at about 0700Z and 0500Z :!'es!,ectively, an Israel tractor undertook cultivation of' land previously uncultivated at approximate MRs 209970-238160, 209~70-237790, 210055-237800 and 210270-238110 in the southern demilitarized zone. Investigation requested." The above-mentioned complaint was investigated on 22 July. One Ivitness was interrogated; he testif'ied that on 21 and 22 July Israel encroached on uncultivated land approximately 50 metres to the east of' previously uncultivated Arab land under the protectio~ of' armed soldiers. Two tractors were observed in the area being investigated. The Chairman of' ISMAC reported that the map ref'erences given in the complaint seeme~ to be inaccurate. However, it is agreed that they were given as an approximation. The complaint pertains to an area ~o the west of' the eastern limit of' previous Israel ,cultivation. 8. On 22 July 1963, an Israel verbal complaint (No. 4252) alleged: "On 22 July 1963, at approximately 0825Z, machine gun f'ire was opened f'rom Syrian military positions in Amarat-Aza-Din at a tractor working in the Haon f'ields. Fire was not returned. Investigation requested." The investigation of' the above complaint was stopped on 22 July at 1025Z when the Senior Israel Delegate ref'used to leave his jeep outside the demilitarized zone. At apprOXimately l300Z, the Senior Israel Delegate, af'ter consultation with the Chairman of' ISMAC, requested that investigation of' the complaint be recommenced with the Junior Israel Delegate as Israel Liaison Officer travelling in a United Nations vehicle with investig~ting United Nations military observers. Investigating United Nations military observers vere proceeding to the Senior Israel Delegate's off'ice af'ter briefing by the Chairman of' ISMAC when, at l347Z, the Senior Israel Delegate cancelled the investigation.l! l! Senior Israel Delegatets jeep in demilitarized zone. The United Nations Truce Supervision Organization's position that no military vehicle is authorized in the demilitarized zone is based on the General Armistice Agreement. This has been an established procedure and applies to the Senior Israel Delegate's jeep or any other Israel arIDlf vehicle. Israel'S position, as stated by the Director of Armistice Aff'airs of' the Israel Foreign Ministry, is that the vehicles of' delegates to the MAC, while of military origin, are in fact unarmed, peaceful instruments of the Mixed Armistice Commission. The Director of Armistice Affairs fUrther states that if' the jeep or jeeps were clearly identifiable as a peaceful unarmed instrument of' the Mixed Armistice Commission, it could not be considered by Syria or UNTSO as an element of the armed f'orces of' Israel. He suggests therefore that we accept and support the idea of' these vehicles

flying a large metal f'lag identifYing them as MAC instrumentalities or that I· similar identification be painted on the jeeps. L.._. : ------

S/5401 English A:.mex I Page 4

9. On 27 July 1963, a Syrian verbal complaint (No. 4388) alleged: tlOn 26 and 27 July 1963, at about 1000Z and 0630Z respectively, an Israel tractor undertook the cultivation of fields not pre"iously cultivated at approximately MR 209200-236100, southern demilitarized zone. Investigation requested. tI 'Ihe above-mentioned complaint ,vas investigated on 27 July. One witness was interrogated. The disputed strip of cultivation, approximately 20 metres (east-west) by 100 metres (north-south), could be seen and was identified by the Syrian Liaison Officer and the witness. The disputed strip is apprOXimately 450 metres south of the map references given in the complaint. The Chairman of ISMAC reported that the Israel activity took place as alleged; however, the map references given in ~he complaint were incorrect. It ,vas agreed that they ,vere given as approximate. The worked land is surrounded by previous Israel cultivation and the cultivation is well west of the 2/ Haynes-Dobson line.~ 10. On 29 July 1963, an Israel verbal complaint (No. 4413) alleged: "On 29 July 1963 at 1255Z and at 1305Z respectively, machine gun fire was opened from the Syrian military position in Am~rat-Aza-Din at a tractor working in the

Haon fields. Fire was not returned. Investigation requested. I! Later on (at 1500Z), Senior Israel Delegate advised tractor working in the Haon field at approximate MR 2100-2382. 'Ihe investigation of the above-mentioned complaint was stopped at 1505Z when Junior Israel Delegate, upon instructions from Senior Israel pelegate, in~isted on his military jeep entering ~outhern de~ilitarized zone. li. On 30 Jul;)r 1963, a Syrian verbal complaint (No. 4479) alleged: "On 28 and 29 July 1963 at approximately 1100 LT and J.055 LT respectively, an Israel tractor undertook again work on not previously cultivated land at approximately 210300­ 237950, 210200-237525 and 210575-237750, southern demilitarized zone. Investigation requested. tI

Specification of Haynes-Dobson Line. A line on the map used by UNTSO as indication of the limits of Israel cultivation in the Samra/Haon fields in the winter of 1960/1961. Majors Haynes and Dobson were United Nations military observers who were afforded an opportunity both to study and to walk the ground in November 1960. Subsequently, they produced an overlay which, though unofficial, has been a primary source of information for UNTSO concerning Israel cultivation as it was in 1960/1961. S/5401 English Annex I Page 5

The above-mentioned complaint was investigated on 30 July. One ,vitness testified that Israel encroached on previously uncultivated land in the southern part of the demilitarized zone and ploughed it. One tractor was observed in areas being investigated. The Chairman of ISMAC reported that the map references cited in the complaint were inaccurate and that the areas in dispute were Ivest of the Haynes-Dobson line. In the Chairman's opinion there was a possibility that the Israel cultivation was gradually moving east. If work continued in the area, it ,vould be almost impossible to render a decision on whether the Israelis Ivere moving east unless he could get some positive m,easurerr..ents on the ground. 12. On 31 July 1963, an Israel verbal complaint (No. 4489) alleged: "On 31 July 1963, at approximately 1215Z and 1230Z respectively, machine gun fire was opened from the Syrian military positions in Amarat-A~a-Din at a tractor working in the Haon fields. Fire was not returned. Investigation requested." The above-me.ntioned complaint was investigated on 31 July. Two witnesses Ivere interrogated. The first stated that ,vhile cultivating a field at approximately MR 20970-23731, he was fired upon by machine gun three times between 12COZ and 1230Z. The second witness confirmed that the field where alleged incident occurred had been preViously cultivated by Israelis in 1961. No physical evidence was seen by the investigating United Nations military observers, nor were photos allowed by the Israelis to be taken. The Chairman of ISMAC reported that, when compared with the Syrian counter complaint (No. 4490) (see paragraph 13), the locations of the tractor and cultivation did not coincide. No shooting report was made by OP Echo United Nations military observers on this day, although they heard some noise at 122lZ which might have been shooting. No evidence Ivas found or produced to substantiate the firing by Syrians. Apart from the evidence of the Witnesses, the United Nations military observers were unable to establish conclusively that the incident took place as alleged. 13. On 1 August 1963, a Syrian verbal complairrt (No. 4490) alleged: "On 30 and 31 July 1963, at approximately 0400z and 0515Z respectively, an Israel tractor again undertook work on land not preViously cultivated at approximate MRs 210250-238225, 209750-237625, 2C9650-237625, 209625-237450 southern demilitarized zone. Investigation requested." /... S/5401 English Annex I Page 6

The above-mentioned complaint was investigated on 1 August. One witness testified that Israel encroached on previously uncultivated land in the southern part of the demilitarized zone and sta~ted ploughing it. Four tractors were observed in the area being investigated. The Chairman of ISMAC reported that the map references given in the complaint were not accurate. From a study of photographs" sketches and the 1:10,000 map of the southern demilitarized zone ~nd its overlays, it appears there had been no appreciable change in the terrain. The Israelis were pushing a pile of stones that had for some time marked the eastern limit of the field in question further to the east. The areas in dispute are west of the. Haynes-Dobson line. There is no violation of the status quo as we understand it.21 The Chairman of ISMAC made generally the same comments concerning this complaint as he had made concerning Syrian complaint No. 4479 (see paragraph 11 above). 14. Cn 5 August 1963, a Syrian written complaint (No. 4538) alleged: "On 1 and 2 August 1963, at approximately 0450Z and 0315Z respectively, four Israel tractors undertook cultivation of land not previously cultivated at approximate MRs 210COO-237800, 210225-237800, 209900-238275 and 209725-237925, southern demilitarized zone. Investigation requested." The above-mentioned complaint was investigated on 5 August. One witness testified that on 1 and 2 August Israel tractors continued clearing stones within land bounded by MRs 20984-23804, north to 21011-23877, west to 20990-23881, south to 20966-23843, west to 20960-23840, south to 20946-23814, east to 20984-23804. Five bulldozers were observed working within the field bounded by the cited map references.

2.1 'Ihe Syrian view is that the status quo referred to areas under cultivation at the time of an agreement betvTeen the then Chief of Staff of UNTSO and the then Commanding General, First UAR Army, on 8/9 February 1961, and, according to Syria, no fields other than those under cultivation at the time of the agreement should be cultivated now. Syria has indicated that, in her view, Israel should refrain from cultivating fields which were previously uncultivated, or not cultivated recently.

I ... ------

S/5401 English Annex I Page 7

The Chairman of ISMAC reported that the map references cited in the co~plaint were inaccurate, although it was agreed they were given as an approximation. The same field was investigated under ISMAC Nos. 3779, 3758 and 3625. The complaints are basically the same: the present work is now making one field out of the two investigated under ISMAC Nos. 3758 and 3779. The areas in dispute are west of the Haynes-Dobson lin~. However, there was a possibility that the Israelis are gradually moving east. 15. On 5 August 1963, a Syrian verbal complaint (No. 4554) alleged: "On 4 and 5 August 1963, at approximately 0440z and 0645Z, respectively, three Israel tractors undertook cultivation of land not previously cultivated at approximate MRs 210000-237175, 210000-237875, 210000-238125 southern demilitarized zone. Investigation requested." The above-mentioned complaint was simultaneously investigated together with Syrian complaint No. 4538 (see paragraph 14) and all remarks relative to that complaint apply to complaint No. 4554.

16. On 7 August 1963, a Syrian verbal complaint (No. 4626) alleged: II On 6 and 7 August 1963 respectively, at 0310Z and 0335Z, four Israel tractors undertook cultivation of land not previously cultiv~ted at approximately MRs 210125-237800, 210150-238200, southern demilitarized zone. Investigation requested." The above-mentioned complaint was investigated on 7 August 1963. One witness testified that on 6 and 7 August, three Israel bulldozers began clearing stones and cultivating land bounded by approximately MRs 20946-23814, south-west 20938-23768, east 20972-23766, north-east 20980-23800, and west 20946-23814. He further states that Israel bulldozers extended three metres eastward into Arab-owned land along the line MRs 20972-23770 to 20980-23780. The investigating United Nations military observers observed two bulldozers in a field bounded by the cited map references. 17. On 7 August 1963 an Israel verbal complaint (No. 4627) alleged: "On 7 August 1963 at approximately 1526z, three long bursts of machine gun fire were directed from the Syrian military positio~s at Amarat-Aza-Din at a tractor working

in the Haon fields. Fire was not returned. II No investigation was requested.

/ ...

------S/5401 English Annex I Page 8

18. On 7 August 1963" an Israel verbal complaint (No. 4628) alleged: tlOn

I 7 August 1963 at approximatelY 1556z, six long bursts of machine gun fire were 1 directed from the Syrian military positions in Amarat-Aza-Din at a tractor working in the Haon fields. Fire was not returned." No investigation requested. 19. The same day, an Israel verbal complaint (No. 4629) alleged: "On 7 August 1963 at approximately 1636z, five long bursts of heavy machine gun fire 1fere directed from the Syrian military positions at Amarat-Aza-Din at a tractor working in the Haon fields. Fire was not returned." No investigation was requested. 20. On 8 August 1963, a Syrian verbal complaint (No. 4630) alleged: "On 8 August 1963" at approximately 0315Z, six Israel tractors undertook cultivation of not previously cultivated land at approximate MRs 210125-237eCO, 210225-237725, 210100-239075" 21C075-238375. At approximately 0535Z, the Israelis put fire to brush wood at approximate MR 21C050-239000, southern demilitarized zone." Investigation was requested. The above-mentioned complaint was investigated on 8 August 1963. One witness testified that early in the morning of 8 August 1963 six tractors were working in an area never before cultivated. Six tractors were sep.n in the area mentioned. The Chairman of ISMAC reported that the map references given in the complaint were not accurate. The area in dispute is west of the HayneA-Dobson line. It was determined that there was a fire. 21. On 8 August 1963 at 1316z, an Israel verbal complaint (No. 4651) alleged: liOn 8 August 1963 at approximately 1226Z, three long bursts of machine gun fire were directed from the Sy~ian military positions at Amarat-Aza-Din at a tractor working in the Haon fields. Fire was not returned." Investigation was subsequently requested. The investigation was cancelled on 9 August on account of the Senior Israel Delegate's insistence on taking his military jeep into the southern demilitarized zone. Report of United Nations military observer at OP Echo appears to confirm that shooting did occur and that fire was not returned. 22. On 8 August 1963 at 1350Z, an Israel verbal complaint (No. 4652) alleged: liOn 8 August 1963., at approximately 1326z, four long bursts of machine gun fire were directed from the Sy~ian military positions at Amarat-Aza-Din at a tractor

1forking in the Haon fields. Fire was not returned. II Investigation was subsequently requested. S/5401 English Annex I Page 9

The investigation was cancelled on 9 August owing to Senior Israel Delegate's insistence on taking his military jeep into the southern demilitarized zone. 23. On 8 August 1963 at 1517Z an Israel verbal complaint (No. 4653) alleged: liOn 8 August 1963, between 1333Z and 1340z, the Syrian military position at Amarat-Aza-Din opened intermittent machine gun fire at tractors working in the

Haon fields. Fire was not returned. II Investigation was subsequently requested. The investigation was cancelled on 9 August owing to Senior Israel Delegate's insistence on taking his military jeep into the southern demilitarized zone. Report of United Nations military observer at OP Echo appears to confirm that shooting did occur and that fire was not returned. 24. On 8 August 1963 at 17l5Z an Israel verbal complaint (No. 4654) alleged: liOn 8 August 1963, at approximately 1640z, heavy machine gun fire was opened from the Syrian military position at Amarat-Aza-Dln at members of Kibbutz Haon trying to extinguish a fire started by Syrian tracer bullets earlier in the afternoon. Fire was not returned." Investigation requested. The investigation was cancelled on 9 August owing to Senior Israel Delegate's insistence on taking his milita~~ jeep into the sou~hern demilitarized zone. 25. On 9 August 1963, a Syrian verbal complaint (No. 4655) alleged: "On 9 August 1963, at approximately C605LT, six Israel tractors undertook cultivation of land not previously cultivated at MRs 210075-237700, 209750-237375, 209925­ 238200 an.d 210000-237275, southern demilitarized zone." An investigation is requested. The above-mentioned complaint was investigated on 9 August 1963. One Syrian witness t~stified that five Israel bulldozers were working in land not previously cultiv~ted. He further stated the Israelis were encroaching but he did not know how far. The investigating United Nations m~litary observers observed three bulldozers working in the field under dispute. 'Ihis complaint is identical to complaint No. 4630. The map references of the field in dispute are: 20960-23840, 20995-23840, 20984-23804 and 20940-23814. The main complaint is that work in this area is being performed along a line between MRs 20995-23840 and 20984-23804. The second area complained about by the Syrians is a field bounded by MRs 20926-23771, 20946-23814~ 20994-23804 and 20975-23766. The main complaint within this area concerns the area between MRs 20978-23785 and 20979-23793- / ... S/5401 English Annex I Page 10

The Chairma~ of ISMAC reported that the map references given in the complaint were not accurate. The areas in dispute are west of the Haynes-Dobson line. There was a possibility that the Israelis were gradu~lly moving east. 26. On 9 August 1963, an Israel verbal complaint (No. 4656) alleged: !lOn 9 August 1963, at approximately 0330Z, three bursts of machine gun fire were directed from the pyrian military positio~s at Amarat-Aza-Din at tractors working

at the Haon fields. Fire was not returned. tI Investigation was subsequently requested. The investigation was cancelled on 9 August owing to the Senior Israel Delegate's insistence on taking his military jeep into the southern de~ilitarized zone. 27. On 19 August 1963, an Israel verbal complaint (No. 4657) alleged: !lOn 9 August 1963, at approximately 0800z, four long bursts of heavy machine gun fire were directed from the Sy~ian military positions ip Amarat-Aza-Din at tractors

working in the Haon fields. Fire was not returned. 11 An investigation was requested. The above-mentioned investigation was aborted when the Senior Israel Delegate refused to leave his military vehicle outside the demilitarized zone and to ride in the United Nations jeep with the investigating United Nations military ~Xx observers. 28. On 9 August 1963, an Israel verbal complaint (No. 4658) alleged: lIAt c850Z, five long bursts of heavy machine gun fire were directed from the Syrian military positions in Amarat-Aza-Din at tractors working in Haon fields. Fire was not

returned. 11 Investigation was requested. The above-mentioned investigation was aborted when the Senior Israel Delegate refused to leave his military jeep outside the demilitarized zone and to ride i~ the United Nations jeep with the investigating United Nations military observers. 29. On 12 August 1963, a Syrian verbal complaint (No. 4688) alleged: lIAt apprOXimately 0330Z, four Israel tractors undertook cultivation of not previously cult.ivated land at approximate MR 209800-287950 in the southern demilitarized

zone. 11 Investigation was requested. ~ne above-mentioned complaint was investigated on 12 August 1963. One Syrian witness testified that four Israel tractors were working in land not previously·

I ... S/5401 English Annex I Page 11

cultivated and encroaching on Arab land at southwestern corner of t~e field bounded by MRs 20994-23804~ 20995-23840, 20960-23840 and 20946-23814. The investigating United Nations milita~ observers, saw two tractors and two ~ bulldozers working in the field described above. The specific point of alleged I encroachment is a strip at MR 20985-23810, approximately 15 metres north-south and one metre east-west. This fifteen by one metre strip is located just east of the previous limits of Isr~el cultivation as recorded by the United Nations Truce Supervision Organization. The Chairman of ISMAC reported ~hat the Israelis were gradually moving the eastern limit of the field to the east. There is no encroachment or violation of the status quo as we understand it. The point is now being reached where exact ~easurements of the various fields in the southern de~ilitarized zone are required. 30. On 13 August 1963, a Syrian verbal complaint (No. 4756) alleged: llAt approximately 0330Z, four Israel tractors undertook work on land not previously

cultivated at approximate MR 209750-237850, southern demilitarized zone. II The above-mentioned complaint was investigated on 13 August 1963. One Syrian witness testified that four Israel tractors at MR 209750-237850 started working at 0330Z and were still working at the time of the investigation. The investigating United Nations milita~ observers saw four tractors working in a field under cultivation at MRs 20960-23840, 20990-23840, 20985-23810 and 20950-23815. The testimony of the witness plac~d the tractor at approximately seventy-five metres west of the Haynes-Dobson line. According to the investiga~ing United Nations milita~ observers they were approximately fifty metres west. This complaint was id,entical to the complaint ISMAC-1963-4688. 31. On 13 August 1963~ an Israel verbal complaint (No. 4786) alleged: llAt approximately 1345Z, heavy machine gun fire was opened from the Sy~ian military positions i~ Amarat-Aza-Din at a trac~or working in the Haon fields. Fire was not returned." Investigation requested. The above-mentioned investigation was aborted when the Senior Israel Delegate refused to leave his milita~ vehicle outside the demilitarized zone and to ride in a United Nations jeep with the investigating United Nations milita~ observers.

/ ... _._------

S/5401 English Annex I Page 12

32. In connexion with this complaint; the Senior Israel Delegate sent the following message to the Chairman: "The Syrians opened fire this afterr.oon at tractors working at least fifty metres from the e~stern edge of the field (the one subject to ,investigation of ISMAC complaint No. ISMAC-1963-3779 just used as a reference). This in spite of assurances you spoke about at our last meeting that the Syrians will not fire but use United Nat~ons Truce Supervision Organization machinery for clarification if needed. You mentioned ten metres as a reasonable distance while today they fired on a tractor while working fifty me,tres from the eastern edge of the field." 33. On 14 August 1963, a Syrian verbal complaint (No. 4787) alleged: "At about 0340z, four Israel tractors undertook cultivation of land not previously cultivated at approximate MRs 209575-237750 and 209757-237850, southern demilitarized zone." Investigation was requested. The above-mentioned complaint was investigated on 14 August 1963. Two Syrian witnesses testified that four Israel tractors were working in land not previously cultivated. The witnesses stated that the Israelis had encroached a further ten rretres eastwards. The investigating United Nations military observers saw two tractors and two bulldozers at work in the fields under dispute. The map references of the field,s under dispute were 20994-23804, 209~·6-23814, 20926-23710 and 20975-23766. Tracks of a bulldozer extended for approximately six metres north south and approximately fifteen metres eastwards of the centre o~ a strip at approximate MR 20985-23815. 34. On 15 August 1963, a Syrian verbal complaint (No. 4788) alleged: "At approximately 0420Z, four Israel tractors undertook cultivation of land not previously cultivated at approximate ~~s 210100-237825 an~ 210000-238200, southern demilitarized zone." Investigation was requested. The above-mentioned complaint was investigated on 15 August 1963. One Syrian ivitness testified that at 0420Z; four Israel tractors were proceeding to plough in lands which were not cultivated prior to 26 June 1963. The investigating United Nations military observers saw one tractor ploughing in the southern fielC and two tractors in the northern field (the northern field, as indicated by the witness, was bounded by MRs 20960-23840, 20995-23840, 20994-23804 and 20946-23814

/ ...

------_. S/5401 English Annex I Page 13

and the southern field by MRs 20946-23814, 20995-23840, 20975-23776 and r 20926-23771.) There was no evi4ence of new cultivation to the east since the investigation of 14 August 1963. The Senior Israel Delegate sent the following message to the Chairman at

~ 0720Z: 11 ••• I want to state categorically that since the meeting between the I Prime Minister and the Chief of Staff of the United Nations Tru~e Supervision I Organization on 11 August 1963, there was no - repeat no - activity ~batsoever in or close to the eastern edge of cultivation in anyone of the Haon fields. Therefore, there could not have been any new clearing of the eastern edge of the field. Furthermore, even prior to that meeting there was no such alleged ne'lv clearing as the limits of the subject field were and are clearly defined by previous cultivation. I regret that United Nations military observers would not go with me to the spot to get the full and correct facts on the ground. As to the current work, I can ass~re once again that we shall as we always did adhere

to, any understanding reached. 11

3~. On 15 August 1963 an Israel verbal complaint (No. 4808) alleged: 11 At apprOXimately 1505Z, heavy machine gun fire was opened from the Syrian military positions in, Amarat-Aza-Din at a tractor working in the Haon fields. Fire 'Ivas

not returned. 11 Investigation was requested. A report of United Nations military observer at OP Echo appears to confirm that shooting did occur and that fire was not returned.

36. On 15 August 1963, an Israel verbal complaint (No. 4809) alleged: 11 At apprOXimately 1550Z, five bursts of heaNY machine gun fire were directed from the Sy!'ian military positions in Amarat-Aza-Din at a tractor lwrldng in the

Haon fields. Fire was not returned. 11 Investigation 'I'ias requested.

37. On 15 August 1963, an Israel verbal complaint (No. h810) alleged: 11 At apprOXimately 1525Z, three bursts of machine gun fire were directed from the Syrian military positions in Amarat-Aza-Din at a tractor working in the Haon fields. Fire was not returned. 1I Investigation was requested. All of the above requested investigations were aborted when the Senior Israel Delegate refused to leave his military vehicle outside the demilitarized zone and to ride with the investigating United Nations military observers in a United Nations jeep. A report of United Nations military observer at OP Echo appears to confirm that shooting did occur and that fire was not returned. -~ ------

S/540l English Annex I Page 14

38. On 16 August 1963, a Syrian verbal complaint (No. 4811) alleged: "At approximately 0440Z, an Israel tractor undertook cultivation of land not previously cultivated at approximat~ MR 209850-237725, southern demilitarized zone. " Investigation was requested. j The above-mentioned complaint was investigated on 16 August 1963. One Syrian witness testified that at 0440z on 16 August ~963, two Israel tractors proceeded to plough in land not previously cultivated. Accord~ng to the witness, one of the tractors encroached by approximately ten metres east. The fields as indicated by the wit~ess were bounded by MRs 20946-23814, 20994-23804, 20975­ 23766 and 20926-23771. The investigating United Nations military observers saw one tractor harrowing and ploughing in the field concerned) and new tracks of a tractor were observed east of the ploughed fields in an area of about ten by twenty metres in the vicinity of MR 20985-23815. The investigation was in the same spot as ISMAC-1963-4787.

/ ... S/5401 English Annex II Page 1

ANNEX II

CHRONOLOGICA:rJ SUMIvl.ARY OF (a ) COMPLAINTS LODGED BY ISRAEL AND SYRIA CONCERNING FIRING, ILLEGAL CULTIVATION ETC., IN THE CENTRAL DEMILITARIZCD ZONE, PARTICULARLY THE HULA j~REA AND THE AUl.AGOR-JORDAN :r:;ELTA AREA, FROM 19 MAY TO 19 AUGUST 1963 (b) REPORTS MArE BY THE UNITED NATIONS MILITARY OBSERVERS WHO INVESTIGATED THESE COMPLAINTS WHEN AN INVESTIGATION WAS REQUESTED AND COMPLETED

1. On 19 Vay 1963, an Israel verbal complaint (No. 2919, altered to 2980) alleged: liOn 18 Iv:ay 1963, at approxirrately 1530Z, a mine previously planted by Syrians YIaS discovered on a track in constant use in the Almagor area at approximate lYJR 2075-2583. Investigation requested". The above mentioned complaint was investigated on 19 Vay. ~vo witnesses were interrogated. The first stated that, at 1700 LT on 18 Vay 19G3, he \-18S on a routine patrol in the Alrr.agor area and saw a disturbance on the track that rr.ade him suspicious. On examination hp. discovered an object he thought was a mine and called up an expert who identified it as a mine. The second witness said he saw tracks of two people leading to and from the mine. He stated he saw at another spot a place where three people had rested. The investigating United Nations military observers saw a mine described as follows: (1) On top were the following letters and fiGures: 434121-400000 and I.O.M.B. E.B.28-53. (2) The container was plastic. The weight of the mine was approxirrately 5 kilos. The width was approxirrately 35 cm. The colour was black. The type was anti-tank. (3) On the bottom were the following letters and figures: M.N.-A.C.-I.D.M.L.E.47 434121-400000 I.O.M.B. Chairrran IS~~C reported that the investigation was inconclusive. There was a most serious and twice repeated violation of the General Armistice Agreement during the investigation of this complaint, viz: That the patrol d,=scribed by the first witness, as well as the investigating team, was accompanied in the defensive area by an Israel armoured vehicle. 2. On 25 It-ay 1963) an Israel verbal complaint (No. 3124) alleged: "Lands situated in Israel, west of the line between approximate MR 20848-25819 and MR 20870-26000, are being cultivated by Syrians Ylho crossed both the international boundary and the western limit of the demilitarized zone. These encroachments were already subject /... ------~~~~~~~~~--~~------

S/5401 English Annex II Fage 2 to nUffierous discussions, complaints and correspondence. To rr.ention just a couple of references, such as Israel complaint IS~~C No. 1957-219 of 15 f(oy 1957 and S/1997 of 20 June 1962 (letter frolll Senior Israel telegate to Chairman, IS~~C, on the subject of Arab encrcachffient in the Alrr.agor area). Investigation requested. 11 The investisation of the above complaint comrr.enced on 26 Kay. One witness, a surveyor enwloyed by the Israel Governrr.ent Survey tepartment, was interrogated. He explained to the investigating officers the survey which he himself had done recently on the ground and showed them the six reference points by which the Israel Governffient identified the western limits of the demilitarized zone, as well as two trig and two control points in the area. The witness also provided a sketch of the survey plan. vllien requested to provide calculations of the survey, the Senior Israel ~eleeate offered to apply to the Israel Survey Office for specific data. The witness stated that evidence shows Arab cultivation and constant fenetration into Israel territory. The investigating um~o (United Nations military observers) observed cultivation and Arabs in the area in question. On 2 June 1963, the investigating officers returned to the area of the alleged violations and from survey control point B (Israel Government co-ordir.ates 207921.46-258 4;0.04) conducted a check of the Israel Government Survey and their location of the six reference points used to identify the western limits of the demilitarized zone. With the instruffients available to the investigating officers, it was not possible accurately to determine the Israel Government survey, nor that the coordinates of the six reference points as produced by the Israel Government were in fact correct. It was the opinion of the investigating officers that the western limits of the demilitarized zone as established by the Israel Government survey were approxirr.ately correct, but could only be confirmed by an inder-endent survey by a neutral farty. Assuming that the Israel Government survey is correct, the western limits of the demilitarized zone can be established, and, if it is what the Israel Government has identified, then it is considered that the following violations occurred and were witnessed by the investigating officers: On 26 Fay 1963: Approx. MR 20844-25825, Arab rr.an with donkey in citrus grove; approx. MR 20834-25848, centre of a possible Arab citrus grove; approx. IvlR 2c840-25877, tI'1O Arabs \'1Orking in the Jordan River. / ... S/5401 English Annex II fu~3

On 2 June 1963: Approx. MR 20840-25877, dam built where two Arabs working in Jordan River. On 26 ~ay 1963: Approx. MR 20863-25947, approx. 10 cattle grazing. I , On 26 ~ay and 2 June 1963: Various areas of cultivation, although in the

I opinion of the investigating officers these areas have not been cultivated I since 1962. A Ianoramic photograIh was taken at approx. MR 20805-25847 of the area between approx. VE 2087-2600 and MR 2085-2582. This photograph vill be ~arked with the western limits of the demilitarized zone, as established by the Israel Governrr.ent Survey, and areas of violations west of this line. A photograph was also taken from approx. MR 2086-2600 looking south along the demilitarized zone, as well as individual photographs of possible violations. In a letter accom~anying the investigation report, the investigating officers voiced their opinion as follows: (a) The survey conducted by the Israel Government is considered to be accurate, but for the reasons outlined above they have not been able to verify it. (b) The armistice demarcation line and western limits of the demilitarized zone should be established by a United Nations survey team working from independent trig point co-ordinates or trig point co-ordir.ates provided by the Israel Government and supplemented by trig point co-ordinates provided by the Syrian Government or vice-versa. If trig point co-ordinates provided by both Goverr.ments are accurate, the results will be in sympathy and should, therefore, be acceptable to both ; Governments. Chairman, IS~~C, agreed that this question had been subject to numerou~ discussions on all levels with UNTSO. From these discussions it has emerged that no accurate statement, acceptable to the two parties concerned and UNTSO, can be produced until United Ndtions surveyors have surveyed the areas. On 24 June 1963, the Senior Israel Delegate, referring to the investigation report of this complaint, wrote as follows to the Chairman:

IIAs you will have noted, the evidence in support of this complaint consisted mainly of land survey data vlhich the investigating UNMOs set out to verify. (The preamble paragraph 4 of the report.) The investigating UM10s stated in ~aragraph 6 of their report that lwith the instruments available to the investigating officers it was not possible to accurately determine the Israel Government survey ... '. This being the case, it comes to me that the I·.· S/5401 English Annex II Page 4

complaint in question should be investigated again by ~ersonnel equip~ed with the necessary instruments. Of course, UNTSO surveyors would be quite welcome. I should be grateful if you would kindly rrake the necessary arrangement as soon as possible so that complaint No. 1963-3124 rray be investigated in a definitive manner. 11 On 8 July, Chairrran IS~ffiC replied as follows: , liThe matter of obtaining an UfIl"TSO survey team to be available for the nurrerous investigations involving accurate survey data is one to which ISI~C and UNTSO headquarters have been giving considerable study during recent Heel\.s. It is hoped that we will be successful in this regard and will then be in a position to carry out various projects vlhich require this ty~e of specialist. 11

3. On 5 August 1963, three complaints (Nos. 4537, 4553, 4555) were lodged by the Syrian relegation alleging: liOn 1 August 1963, at approx. 0730Z, an Israel tractor undertook clearing out land situated at approx. MR 210375-27315 central demilitarized zone. At approx. 1100Z, the Israelis set fire to brush wood at above mentioned rrap references. Fire extended east into Syrian territory. Investigation requested. 1I (No. 4537). "On 4 August 1963, at approx. 0500Z, under protection of three armed Israel soldiers, a tractor undertook cultivation of land situated at approx. MR 210375-273175, central demilitarized zone. Investigation

ll requested • (No. 4553). liOn 5 August 1963, at approx. 0600z, under protection of nine armed Israel soldiers, three tractors undertook cultivation of land situated at approx. MR 210375-273175, central demilitarized zone. Investigation requested. 1I (No. 4555). The above mentioned three complaints were simultaneously investigated on 5 P,ugust. TvlO v.ritnesses v.rere interrogated. The substance of their testimony vias to the effect that "On 1 August Israelis worked previously uncultivated land at MR 210375-273175 and fired the grass, the fire spreading east into Arab land. On 4 and 5 August an Israel tractor undertook cultivation on previously uncultivated. land under protection of armed soldiers." The investigating UM~Os saw three tractors working in the disputed area. The approxirrate map references of the field observed are: MR 21010-27318; 21033-27319; 21039-27382; 21020-27379. On 6 August, the Senior Israel relegate sent the follovling message to the Chairman: / ... 8/5401 English Annex II Page 5

III would like to dra,., your attention to the Syrian verbal complaints IS~~C Nos. 4537, 4553 and 4555. Besides and in addition to our standing objection to any kind of Syrian interferences in the demilitarized zone, these complaints deal with matters in block 13363 in the central demilitarized zone which even according to your own cadastral reaps is Jewish-owned. Thus the question of previous cultivation is irrelevant and this term not applicable. I request that before any document on this subject be distributed this rratter be discussed at our next meeting."

In his letter accompanying the investigation report, Chairman, ISMAC, stated:

IIIt should be noted that the land in question is shown on the UNTSO land ownership map as Jewish-owned. However, the field concerned has not been cultivated recently, and this is what the Syrians are complaining about, plus the fire which was started by the Israeli, and the presence of Israel military personnel in the central demilitarized zone. The question of the legality of cultivation is a difficult one, and one which we are unable to rule on with any degree of certainty. In any case, the Syrians claim application of the status quo agreement."

4. On 10 August 1963, an Israel verbal complaint (No. 4659) alleged: liOn 10 August at approx. OOlOOZ, two bursts of machine gun fire were directed from the Syrian military position at Jalabina area in a westerly direction tov18rds Kibbutz Gadot. Fire 'Has not returned. 1I No investigation was requested. 5. On 17 August 1963, an Israel verbal complaint (No. 4812) alleged: liOn 16 August 1963, at approx. 2215Z, five long bursts of heavy machine gun fire were directed from the Syrian military positions in Khirbet Dika (approx. MR 20870-25900) at bush fire fighters in the Almagor area. Fire via s not returned. 11 No investigation was requested. 6. On 18 August 1963, an Israel verbal complaint (No. 4813) alleged: liOn 18 August 1963, at approx. o600z, five bursts of rrachine gun fire were directed from the Syrian military positions at Tel Hilal (MR 21080-27426) ~t a tractor working in Ashmora field. Fire was not returned. Investigation not requested at present. 11 Investigation was subsequently requested by the Senior Israel telegate and carried out simultaneously with that of complaint No. 4814 on 19 August 1963. 7. On 18 August, an Israel verbal complaint (No. 4814) alleged: liOn 18 August 1963, at approx. 0720Z, heavy machine gun fire was opened from the Syrian military positions at Tel Hilal at a tractor working in Ashmora fields. Fire was returned. Investigation not requested at present. 1I Investigation vias subsequently requested. S/5401 English Annex II Fage 6

The above-mentioned complaint 1ms investigated simultaneously with complaint No. 4813 on 19 August. Three witnesses vere interrogated. The first, a tractor driver, stated that, while working a tractor in a field (approx. I·JR 2099-2742, l,5CO metres sOQth-west of OP Bravo), he was fire upon from a Syrian military position at Tel Hilal (approx. MR 21C8-2742) at approx. C8COLT and 0900LT. Fire was returned after the second incident by an Israel armed guard protecting the tractors. The second Witness, also a tractor driver, confirmed the statement rrade by the first witness. The third Witness, in charge of the armed guard, confirmed statements concerning incidents of first and second witness and further stated that he ordered the Israel armed guard to return fire at the Syrian military position at Tel Hilal after the second incident. No physical evidence was seen. Reports of shooting by United Rations military observers stationed in a nearby observation post tend to confirm the allegation. 8. On 18 August 1963, a Syrian verbal complaint (No. 4815) alleged: "On 18 August 1963, at 1015LT, one Israel bulldozer undertook under the protection of an Israel ambush (posted at MR 210200-274175) the cultivation of the areas placed at MR 210200-274125 central demilitarized zone. One Syrian patrol sent to recce into Syrian territory was sUbject to intense automatic fire from the above mentioned Israel ambush. Fire was returned. The Syrian telegation energetically protests and reC].uests an investigation." The above mentioned complaint was investigated on 18 August. TY,O witnesses w'ere interrogated. Their statements may be summarized as folloVls: "llrn:ed Israeli soldierS took up a position at MR 210200-274175 and then a bulldozer entered parcel 3 block 13028. Suddenly, the Israelis opened fire from positions at I~ 0200-274175 from Lardara farm and three other positions along the road running 300 metres west of the previous shoreline of Hula lake. Fire was returned from one of our positions.1! Fragments of .5 inch heavy rr.achine gun projectiles were handed to the investigating um~os by the Syrian witnesses. 9. On 19 August 1963, an Israel verbal complaint (No. 4844) alleged: "On 18 August 1963, betvleen approx. 1930Z and 2115Z, Syrian searchlights directed their beams seven times at Lardara from (approx. ~ffi 2104-2731). No investigation reC].uested. " /... S/5401 English Annex II Page 7

10. On 19 August 1963, an Israel verbal complaint (No. 4845) alleged: llOn

18 August 1')(,3 .. ut approx. 2000Z and again at 2055Z, Syrian heavy machine gun fire was directed frmli i:he Syrian military positions at Jalabina area (approx. I ll ~ MR 2103-2719) at I'ardara farm (approx. MR 2104-2731). Fire \\8S not returned. No investigation was requested. 11. On 19 August 1963, a Syrian verbal complaint (No. 4923) alleged: llOn 19 August 1963, between 1100Z and 12COZ, an Israel excavator started vTOrking on Arab lands in the central demilitarized zone, at approx. MR. 210275-276550. Chairrr.an is requested to give appropriate orders to the Israelis to withdraw from

the area and cease work. Investigation requested. II When lodging this complaint by telephone with the Chairrr.an, ISMAC, personally, the Senior Syrian relegate pointed out that he was following the request made by the Chief of Stflff of UNTSO that "complaint be submitted first and not shoot." IrrEediately after receipt of this complaint, the Chairrr.an, ISY~C, addressed the following rr.essage of the Senior Israel relegate: "Request your co-operation to stop work in the central demilitarized zone in area MR 210275-276550 to alleviate

tension. 11 The Senior Israel relegate replied to the Chairrr.an in one short sentence:

"I suggest you address your request to the party that causes the tension. 11 The above mentioned complaint was investigated on 20 August. Two Syrian \'litnesses 'were interrogated. The sumrr.ary of their testinomy is as follovls: llExcavator \'TOrking on channel encroached on Arab land approx. seven rr.etres. Arab vegetation and trees destroyed. Seven armoured personnel carriers and one platoon of arrr.ed soldiers in area during work. This channel is the western limit of the demilitarized zone." The investigating UNIvlOs observed that the ground at IvlR 210275-276550, area of approx. ten rr.etres, had been recently worked. The Wadi bed had been moved east approx. five metres. Sorr.e mounds of earth on the western limit of area worked had green vegetation mixed with the earth. The eastern bank of the new channel had been clearly dug into recently and earth from it removed to western bank. At the tirr.e it was necessary to close this report (16ooz 23 August 1963) the written report of investigation was not available.

/ ... S/540l English Annex III Page 1

ANNEX IH

REPORT TO THE CHAIRMAN OF THE ISRAEL-SYRIAN MIXED ARMISTICE COM.MISSION FROM UNITED NATIONS MILITARY OBSERVERS CONCERNING THEIR INVESTIGATION OF ISRAEL VERBAL COMPLAINT ISMAC 1963-4924

To: Chairman, ISMAC

From: Major A.R. Pettigrew, Canadian Army, United Nations Military Observer Captain A.K. McKensie, New Zealand Army, United Nations Military Observer

Subject: Investigation carried out on 20 August 1963 of Israel Verbal Complaint ISMAC 1963-4924

1. Sum.TJlary of complaint

The following verbal complaint was received from the Senior Israel Delegate at l830Z on 19 August 1963 and Ivas assigned ISMAC 1963-4·924:

"On 19 August 1963 at approximately l7l5Z a tractor of Kibbutz Almagor was mnbushed in the Kibbutz field by Syrians who previously penetrated into Israel territory. Two men of the tractor team were murdered. At the Eeme time heavy machine gun fire was opened frcm the Syrian milit&ry position in the delta of the Jordan in central D/Zone at Kibbutz Almagor. Investigation requested. 11

2. Present Israel: Major S. Gat, Senior Israel Delegate Lieutenant Ronn, Junior Israel Delegate

United Nations: Major A.R. PettigrevT, United Nations Military Observer Captain A.K. McKensie, United Nations Military Observer

3. Map used

LEVANT 50.J.19 HOULE - Scalp. 1:50,000

4. Preamble On 20 August 1963 at 0515Z, the investigating UNMOs accompanied by the Senior Israel Delegate arrived at the area of the alleged ambush and incident which was at approximate MR 2068-2567. j. .. ------

S/5401 English Annex III PaGe 2

The area i-TaS on high ground. The high ground sloped r.;ently dOim from the Almagor I

Map sketches ar.d ~hotographs referred to in this report will be circulated in an cdd~r.Q~ (S/5401/Add.l). S/5401 English Annex III Page 3

5. Statements of witnesses

The first witness, NISIM ABDU, aged 13, settler of A]~agor~ gave his statement and answered all questions in Hebre,v. The Senior Israel Delegate> Major S. Gat, translated into English.

Statement

"Last night, 19 August 1963, at approximately 1345 LT, three of un left by tractor to open sprinlQLers in the vineyards. We travelled on the Eastern Road. It took us about 10 minutes to drive to the vineyards and 10 minutes more to open the faucets. Having opened the faucets all 3 of us re-embarked on the tractor and started driving back on the track "re crone on. We passed through 2 terraces and when in the 3rd terrace, suddenly 2 bursts of automatic fire were directed at us from close range. We j~ped off the tractor, vrhile the driver probably shut off the engine before jumping dovm. I glanced around and saw two fie;ures to the left of me, inside the terrae,:. 'While we were jumping off I cleal'ly heard

a shout in Hebrew: "Stop and raise your hands. 11 I yelled at my hro friends to take cover and myself ran into the terrace in a south-,·rest direction to get a,·ray from the fire ,vhich was coming from the other side of the road. "!hile I ran in a crouch, I heard a grenade explode behind me vrhile bullets kept on follmring me. Just before I reached the stone wall I heard. someone cry out in pain. I could not stop as I was constantly follmred by fire. I crossed the wall and ran in a westerly direction to the Ivest track and the Kibbutz. When I arrived at the Kibbutz, I saw some people near the generator shed and I shouted at them that vre had been ambushed. Immediately a party was organized and together we went dm-rn, by car on the east track, to the scene of the incident. We found my two companions, one about 5 metres from the tractor and the other beside the tra~tor We did not reach the site by car for fear of further shooting. We left the car a little higher up from the scene of the incident and proceeded on foot. Tvro fellows later returned to the vehicle to bring it dOvm and evacuate the

casualties. 11

/ ...

------8/5401 .English Annex III Page 4

The following questions were asked by the investigating UNMOs:

Q. 1 - What were the names of your companions? A. 1 - Avinoam EVINSTEIN and Avi REIF. Q. 2 - 1ihat was the time of the incident? A. 2 - About 1915 LT. Q. 3 - Were there more than two bursts of fire? A. 3 - Yes, there vlere many more shots from numerous weapons. Q. 4 - How many people did you actually see? A. 4 - I saw two people and could clearly see steel helmets and web eqUipment. Q. 5 - Could you identify the people who fired at you. A. 5 - I can only say- that they wore khaki clothes. Q. 6 - Why did you not surrender? A. 6 - I was not confused and did not lose my nerve and consequently started running. If I had stopped I would have been killed as I knew none of our people vTere in the area. Q. 7 - How many grena.des did you hear? A. 7 - I think I heard one only. Q. g - What was ~he condition of your two friends when found? A. 3 - Both were lying on their stomachs, Avinoam about 5 metres from the tractor and Avi alongside the tractor. Q. 9 - Were you injured? A. 9 - No, except for scratches from stones sustained while running back to the Kibbutz. Q. 10 - How long did the incident last? A. 10 -A couple of minutes, no more. Q. 11 - Were you armed? A. 11 - No. Q. 12 - You state the first fire was from west to east. Did you run past those two men to reach the fence? A. 12 - No, I noticed one of the two figures running in the opposite direction to myself. Also their original position was north of my position at all times and I escaped toward the south-west. Q. 13 - How were the two passengers, on the tractor, travelling? A. 13 - We were sitting on the two rear mudguards. I was on the left one. / ... ----~ -~-_ .... _------

si 5401 English Annex 111 Page 5

Q. 14 - Did you hear any fall of shot on the tractor? A. 14 Yes, while I was crouching I heard the pressure of air escaping from a punctured tire. Q. 15 - '{hat was the visibility at the time of the incident? A. 15 - It was dark, just after twilight, and we were driving without lights due to the fact that the tractor had no lights.

The second witness, Lt. Giora ASHKENZI, aged 20, settler and deputy commander at Almagor Kibbutz, also gave his statement in Hebrew vrhich 1vas translated into English by Major S. Gat, Senior Israel Delegate.

Statement

IIAt about 1910 LT - 1915 LT, I heard 2 or 3 bursts of fire from the direction of our vegetable garden. I immediately sounded the alarm and organized a party of eight people, checked their weapons and then started running down the east track. ~lile we were on the track one of our vehicles overtook us with one of our men who informed us that NISIM ABDU had arrived and that there had been an amb~sh. I was, at this time, in the vicinity of the Observation Post. I ordered my men to embar.k and 1-re drove back through the Kibbutz to the west road; as I was afraid we might be ambushed ourselves if 1?e used the same track, I decided to come dmvn from the west. We dismounted a certain distance west of the tractor and ran to the site. NISIM was with me to show where it had happened. When we arrived we found one body about 5 metres from the tractor and the other alongside the tractor. The medical assistant with me applied first aid and I sent two men back to bring up the vehicle. The other people of my detail took up positions around the scene. When the vehicle arrived we loaded the two casualties and evacuated them to the Kibbutz together with the entire detail. Meanwhile an ambulance and a doctor had arrived as well as some border police who later went to the scene accompanied by the tracker."

I .. · 8/5401 English Annex III Page (-)

InterroGation by Investisatin8 GITKOs:

Q. 1 - Please give a milHary appreciation of events. A. 1 'I'his tri;:J of the tractor is routine) taldng place every day at much the:; same time. In my opinion this was an arribush set for the tractor. About half an hour pl'ior to the ambush, 15 of' our settlcors finished their "lIork in the tcrraC0s and Here collected from the fields. Q. 2 - How do you consider the ambush was mounted? A. 2 - He have tuo OPs watching the east, but one of these had not been manned since noon IThile the other ,vithdrew at approximately lSOO LT. The Syrians most probably Imew our routine; therefore they picked this particular spot close behTc:en tllO curves in the road, ,vith a stone 'Hall immediately eaat of the track. They probably crouched behind the I'Tall in fire positions and fired from there. Q. 3 - Times stated include OP withdralV'n at 1900 LT and t'j:me of ambush at 1<)15 LT approxinately. This ambush 1'lOuld have taken longer than 15 minutes to mount. Hou do you account for this? A. 3 - 'I'he clistf!'lCe up hill is considerable and part of the approach is in (lead ground. Considering the failing light, the fact that OP personnel 1-Tere i pre1Jaring to 1-Ti thdralT for the night) it is thought that) all c-::mb l:ed J tl1cse factors enabled the Syrians to infiltrate tmobserved. Q. l~ - Hhat follovT-up action was tal\:en? A. 4 - There was no follovT-up action mounted. We only evacuated the vounded. Q. 5 - Hhat 1ms the time lapse betvTeen the hearing of first 3hots and your arrival at the scene? A. 5 - Approximately 15 minutes.

The third Hitness: GERSHON GERMAHSIIT, 20 years, settler and medical orderly at Kibbutz Al1r..agor) also gave his stat~ment in Hebre,'l Hhich I'TaS translated into English by Major 8. Gat, Senior Israel Delegate.

Statement

""'hen I arrived at the scene, I immediately attended to the first casualty I smT 1-1hich 11as AVINOAM, the one furthest from the tractor. Although I savT he was dead, I tended him because only a doctor can certify death. The second victim, AVI, still had a very weak pUlse but vTas cold and in very bad shape. I dressed his wounds also and then placed both on stretchers and loaded them onto the vehicle to be transported back to the Kibbutz. When we returned, we 1'Tere met at the vTest gate by the ambulance and a doctor. The doctor immediately examined the victilns and pronounced both of them as dead. The bodies wele taken

to Safad hospital. Il

------8/5401 English Annex III Fage 7

Interrogation by the Investigating um~os:

Q. 1 - Please describe the wounds sustained by the victims. A. 1 - One of them, AVINOAM, had his head shattered over the left eye. His body and legs were punctured by bullet and splinter holes. The second, AVI, had two bullet holes in his left side and other wounds in his groin and thigh. Q. 2 - \~y were the bodies evacuated to Safad hospital? A. 2 - Only for the mortuary facilities available there.

Fourth witness: Tracker number 17979 of the border police, aged 28 years, also gave his statement in Hebrew, which was translated into English by ~ajor S. Gat, Senior Israel telegate.

Statement

"From the foot tracks I can dete:r:mine that the ambush consisted of at least 10 people wearing heavy boots. They fanned out and took up crouching positions behind the stone wall. From the sfent cartridges and the positions behind the wall I determine that at least 7 feople fired from the ambush. After the ambush several of the attackers closed in on the two casualties and fired at them from close range, which I estimate at about 1 metre, while two probably chased the successful escapee. From the footprints I can determine a cautious approach and a running withdrawal to and from the ambush position. Also tracks established the fact that the ambush farty organized itself in a forming-up place approximately 200 metres from the actual ambush position. I did not follow the tracks ffiore than 200 metres, which brought me close to the edge of the D/Zone, but I could easily see the tracks leading west towards the Jordan River. The field in the area east of the road was recently burnt and the resultant layer of ashes rr;ade the footprints easily discernible."

Questions by the Investigating UM~Os:

Q. 1 - vlhen did you do your tracking? A. 1 - At first light this morning approximately 0200Z. Q. 2 - How old were the tracks? A. 2 The tracks "lere definitely rr.ade during the evening, but I am 'J.nable to give an exact time. / ... ------

S/5401 English Annex IH Page 8

Q. 3 What experience have you had at tracking? A. 3 - I COffie from a family of trackers) my grandfather and father also being employed as such. I commenced learning tracking at the age of eight and when I was 18 years old I was an independent tracker. I am now 28 years old. Q. 4 - Did you see any evidence of grenades having been used? A. 4 - Yes) I found one grenade handle and three definite places where grenades had exploded) all in the terrace area. Q. 5 - How do you determine that some members of the ambush party approached to within a metre of the victims? A. 5 - By physical evidence of footprints around each body position and surrounding each respective position. Also the spent cartridge cases around the bodies. Q. 6 - Did you find any sign in the terrace itself? A. 6 Yes - There were the tracks of 3 or 4 people in a position approximately 15-20 metres north-west of the tractor.

Fifth witness) Dr. ItEISON, medical officer, Safad General Hospital, also gave his statement in Hebrew which was translated into English by Lieutenant Ronn) Junior Israel telegate. statement

III was called to Kibbuts Almagor from the Safad General Government Hospital at approximately 1930 LT and I proceeded to this location by ambulance. The victims were brought to ffie at the Kibbutz. Il

Question by the Investigating UNMOs:

Q. 1 - What was the text of the message you received from the Kibbutz? A. 1 - I was told that two boys had been seriously wounded during a shooting incident. Q. 2 - Was any of the victims alive when you arrived? A. 2 - No. Q. 3 - What type of wounds had each body received? A. 3 - I certified death only but can state generally that the wounds were as follows: One victim had head and leg wounds and the second victim had sustained heart, chest, groin and leg wounds. Q. 4 - What happened after certifying death? A. 4 - I took delivery of the bodies and took them to Safad Hospital. However, as the mortuary was full there, the bodies were transported to the General Hospital in Haifa. S/5401 English Annex III Page 9

6. fhysical Evidence

Approximately 200 metres east of the area of the incident on a terraced area on the slope of the hill which was the western limit of the demilitarized zone) evidence was seen where approximately 10 persons had halted for a short period of time. This was indicated by numerous footprints in the area. The footprints moved up the hill from the direction of the Jordan River in extended line to a covered position on the eastern side of the stone fence bordering the east side of the cultivated area. In this area 10 distinct pos~tions were located) proven by footprints and fired cartridge cases. In front of two of these positions part of the stone fence had been damaged by small arms fire. The tractor had been severely damaged by small arms fire and there were traces of blood near the driver's seat of the tractor. Around the tractor were fired cartridge cases and spent bullets, Approxlmat~ly 10 metres wlrth-i'10st '")f the tractor a lever handle from a grenade was found and approximately 5 metres to the west of the tractor a magazine from an automatic weapon was discovered. There were no positive identification marks on the ma€8zine but the grenade lever was marked on one side 044 317 and on the other side 350..::t ~ . 55 ~~ To the south of the tractor) at approximately 5 metres) was a large pool of blood with suspected portion of a brain. Surrounding this pool of blood were numerous fired cartridge cases. To the south-west of the tractor) approxi~2tely 20 metres in the area of the alleged escape route of NISIN ABLU) were discovered 3 small craters where jt is suspected grenades had exploded. From the tractor) footprints could be seen returning dOi'In the hills to the east) in the direction of the Jordan River. No evidence could be found of ~his party halting during their return trip. In a hospital in Haifa two bodies were viei'Ted. These bodies were identified by the hospital pathologist as AVINOAM EVINSTEIN and AVI REIF. The bodies were riddled with holes that could have been caused by srrall arms fire. The top left portion of the head of one of the bodies had sustained severe injuries and the brain was visible.

/... S/5401 English Annex HI Page 10

The Senior Israel Lelegate even with the offer of a signed receipt would not hand over to the investigating UNMOs any of the physical evidence found in the area of the tractor) except 4 fired cartridge cases which are enclosed and for which no receipt was re~uired.

. ... ' ... S/5401 English Annex III Page 11

7. Swcrmar,r of Investigation --~....,-. -----_ ...- a. ~:h8 invcst~gatio:l cammenc0d on 20 _'\ug'J.st 1963 at 0515Z and concluded on 20 ll.ugust 19{)3 at 1230Z.

b. The investigation iYaS cC:ld'Ucted in area of the incider.t, Kibbutz Almagor, Safad and i!"a:i.fa. c • ~lhe c.emilitarized zone was not entered thro:lghout the investigation. d. The area of the alleged ambush and incident was a~proximate MR 2063-2567. e. Five witnesses were inte~rogated. f. pr..ysical evidence - see paragr'3.ph 6. Four fir(~d cartridge cases are enclosed. g. Slcetches of area of incident attached.Y h. Eleven photographs i'Te:::,e talcen and forwarded for processing on 21 August 1963.g/

(Sign~) A.K. McKensie, Captain (Signed) A. R. Pettigrew, Major Nc:~o1 Zealand Army Cal1adian Army U. N. Nilitary Observer- U. N. Military Observer

Noted by Chairnlan.

g/ Nap sketclles anrl photoe:raphs referred to in thi.s report will be circulatad in an addenc.um (S/540l/Ac1d.l).