Alan Dershowitz

Alan Dershowitz

Posted: October 14, 2009 09:53 AM

Goldstone Backs Away From Report: The Two Faces of an International Poseur

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With so much (though not all) of the civilized world justly condemning (or ignoring) the Goldstone report for its distortion of the facts and its one-sided condemnation of Israel, Richard Goldstone himself now seems to be backing away from the report's conclusions--at least when he speaks to his Jewish audiences.

In an interview with The Jewish Daily Forward, Goldstone denied that his group had conducted "an investigation." Instead, it was what he called a "fact-finding mission" based largely on the limited "material we had." Since this "material" was cherry-picked by Hamas guides and spokesmen, Goldstone acknowledged that "if this was a court of law, there would have been nothing proven." He emphasized to the Forward that the report was no more than "a road map" for real investigators and that it contained no actual "evidence," of wrongdoing by Israel.

"Nothing proven!" No "evidence!" Only "a road map!" You wouldn't know any of that, of course, by reading the report itself or its accompanying media release. In the text of the report itself, Goldstone neither sought to clarify nor explain what he now claims is the limited scope and legal implications of the report. The language of the report reads like a judicial decision, making findings of fact (nearly all wrong), stating conclusions of law (nearly all questionable) and making specific recommendations (nearly all one-sided). According to the Forward:

...the report itself is replete with bold and declarative legal conclusions seemingly at odds with the cautious and conditional explanations of its author. The report repeatedly refers, without qualification, to specific violations of the Fourth Geneva Convention committed by Israel and other breaches of international law. Citing particular cases, the report determines unequivocally that Israel "violated the prohibition under customary international law" against targeting civilians. These violations, it declares, 'constitute a grave breach' of the convention.

It is as if there were two entirely different "Goldstone Reports." The first submitted to the United Nations and the second to the Jewish community. In speaking so differently to different "audiences," Goldstone is reminiscent of Yassir Arafat, who perfected the art of double-speak, by using bellicose language when addressing Arab audiences and more accommodating language when addressing western audiences.

Goldstone apparently lacked the courage to stand up to the other members and staffers of his commission and to insist that his clarifying language be included in the report itself. Nor did he have the courage to file a dissenting or concurring statement. Instead, he spoke out of both sides of his mouth, sending one message to those who read the actual report and a very different message to those who read his words in the Jewish Forward (and the New York Times for whom he wrote a more ameliorative op ed on the day after the release of the Report). In doing so, he is trying to have it both ways.

Goldstone went so far as to tell the Forward that he himself "wouldn't consider it in any way embarrassing if many of the allegations turn out to be disproved." This is total nonsense. Goldstone has put his imprimatur--and his reputation--behind the report's conclusions. The only reason anyone is paying any attention to yet another of the serial condemnatory reports by the United Nations Human Rights Council is because Richard Goldstone--a "distinguished" Jew--allegedly wrote it and signed on to its conclusions. If he really doesn't stand by its conclusions--if he doesn't care one way or another whether they are true or false, proven or unproven--then no extra weight should be given to its findings or conclusions because of the "distinguished" reputation of its Jewish chairman.

But weight is being given by some to its "unproven" and uninvestigated allegations which Goldstone admits may be wrong. There have been calls for boycotts, divestments, war crime prosecutions and other forms of condemnation based on the conclusions reached (or not reached, depending on which side of Goldstone's mouth one is listening to) by the Report.

If Goldstone stands behind what he told the Forward, then he must come forward and condemn those who are treating his report as if the allegations were based on "evidence" and "proven." Don't hold your breath, because such a statement would be heard by both of Goldstone's audiences at the same time.

 
 
With so much (though not all) of the civilized world justly condemning (or ignoring) the Goldstone report for its distortion of the facts and its one-sided condemnation of Israel, Richard Goldstone hi...
With so much (though not all) of the civilized world justly condemning (or ignoring) the Goldstone report for its distortion of the facts and its one-sided condemnation of Israel, Richard Goldstone hi...
 
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- Rapier I'm a Fan of Rapier 11 fans permalink

"One-sided"? But the report also rebukes Hamas.

    Reply    Favorite    Flag as abusive Posted 06:54 PM on 10/17/2009
- Freenation I'm a Fan of Freenation 25 fans permalink

"Goldstone report for its distortion of the facts and its one-sided condemnation of Israel"

alan let me ask you this, are you locked in some time warp where you are assuming that people are reading printed articles and have no other source of double checking any information, goldstone report clearly blames both IDF and Hamas for their roles yet you are mentioning 'one-sided­'...please read some articles on HP and backtrack your article...

    Reply    Favorite    Flag as abusive Posted 09:53 PM on 10/15/2009

Give it a rest, Alan.
You do Israel no favours.

    Reply    Favorite    Flag as abusive Posted 08:27 PM on 10/15/2009
- SimonNZ I'm a Fan of SimonNZ 9 fans permalink

Dershowitz writes usual pro-Israel diatribe: The predictable voice of a one sided apologist.

    Reply    Favorite    Flag as abusive Posted 08:24 PM on 10/15/2009
- Macready I'm a Fan of Macready 62 fans permalink

well said SimonNZ totally . . agree . . . he is totally transparent

    Reply    Favorite    Flag as abusive Posted 07:31 AM on 10/16/2009

To anyone that looks at facts, or even the simple concept of one democracy that reflects our values, versus murderous thugs who deny every right we hold dear, there IS only one side.

    Reply    Favorite    Flag as abusive Posted 07:02 PM on 10/17/2009
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"With so much (though not all) of the civilized world justly condemning (or ignoring) the Goldstone report for its distortion of the facts and its one-sided condemnation of Israel, Richard Goldstone himself now seems to be backing away from the report's conclusions--at least when he speaks to his Jewish audiences.­" wrote Mr. Dershowitz.

Well, that was maddeningly unhelpful.

Most if not all of the civilized world condones the Goldstone report, which documents what we witnessed on live television while the events were happening, which does not distort the facts or make one-sided condemnations of Israel. Richard Goldstone is not backing away from or seeming to back away from the reports conclusions. The religious affiliation of the audience is irrelevant

Israel must investigate and prosecute the war crimes if it is to retain any shred of respect. The more Israel attacks friends who point out this obvious point, the more friends Israel will lose. Mr. Dershowitz hurts Israel, he does not help it, by insisting that up is down, right is wrong, good is bad.

If Israel fails to investigate and prosecute the war crimes, it should not at all be surprised if it loses all sympathy and support in the world and its leaders are arrested and held for international trial.

    Reply    Favorite    Flag as abusive Posted 06:44 PM on 10/15/2009

Israel DID investigate all charges long before the Goldstone report (as they do ANY allegations made against the IDF) and so did the UN BEFORE the Human Rights Commission got involved.

Perfect example was the myth of supposedly bombing the UN school which, as was the case in all such incidences, proven to a)be false and b) be exaclty the opposite of the first reports, i.e. that the school had been used as a Hamas firing point, and that Israel specifically DID NOT target it, but rather a shooting den across the street.

With Hamas openly bragging about their use of Human shields, the idea that anyone can believe this claptrap which was provided TO the commission by HAMAS itself, is really pathetic.

    Reply    Favorite    Flag as abusive Posted 07:05 PM on 10/17/2009
- martin2 I'm a Fan of martin2 3 fans permalink

Mr Goldstone is a decent honest person, much of what he reported is public knowledge
The people who attack him have compassion for the people in Gaza.

    Reply    Favorite    Flag as abusive Posted 06:09 PM on 10/15/2009
- WarSkeptic I'm a Fan of WarSkeptic 20 fans permalink
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Mr Deshowitz obviously did not understand the function of the war crimes report.
Its purpose is to be the instigator of ICC War crimes trials

Now in these trials, that is where these charges would be proved. You know, in a court of law, you are supposed to be a lawyer aren't you?

However, you do realize that by making such a grand technical point about how Israel has not been found guilty in court of war crimes, you are also saying that tHamas is not guilty of them either

    Reply    Favorite    Flag as abusive Posted 05:28 PM on 10/15/2009
- lungfish I'm a Fan of lungfish 106 fans permalink
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I wold comment but either Mr. Dershowitz or Huffpo does not allow much in the way of dialog about Israel and its responsibi­lities... I will be surprised if they post this...

Investigate Israel is a waste of time. Same goes for Hamas. Israel doesn't care about anything but abusing and driving out the Palestinians as they have since day one... Mr. ben Gurian is well documented regarding what was done and why and how... and it does not exonerate Israel in the least... Given that the well being of Palestinians is in Israels hands and they have been the jackbooted abusers of Palestinians all along while claiming that its justified, it is appropriate for the worl dto condemn their actions. Israel is all for Americans dying for their rhetoric against Iran but when it comes to talking about the destabilizing nature of their own nukes, they have nothing to say...

We had 8 years of an Administration that conducted itself with the belief it could do no wrong, as Israel does... and we will have zero success convincing them that they are accountable for much of what happens in "Palestine"

    Reply    Favorite    Flag as abusive Posted 04:02 PM on 10/15/2009
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I'm struggling to get my head around this conspiracy to shoot the messenger. If you don't like the facts that emerge, why launch a war in the first place? The mental hoops that those willing to shill for Israel continually jump through must at least be keeping your wits sharp though. Go mental gymnastics!

    Reply    Favorite    Flag as abusive Posted 03:19 PM on 10/15/2009
- arvay I'm a Fan of arvay 140 fans permalink
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OK, here comes the character assassination.

The biggest howler:

"In an interview with The Jewish Daily Forward, Goldstone denied that his group had conducted "an investigat­ion." Instead, it was what he called a "fact-finding mission" based largely on the limited "material we had." Since this "material" was cherry-picked by Hamas guides and spokesmen, Goldstone acknowledged that "if this was a court of law, there would have been nothing proven."

From Haaretz http://www.haaretz.com/hasen/spages/1121054.html

The material was limited because - - -

"Israel's decision not to cooperate with the Goldstone Mission, and, in many respects, to actively hamper its work, was calamitous. In revealing correspondence pointedly reproduced in the report, Justice Goldstone all but gets down on hands and knees to beg Israel to allow it to balance the report with on-site visits to rocket-torn Sderot, extensive direct testimony from victims of Qassam attacks, and first-person accounts and explanations of soldiers accused of violations of international law. Israel says no. Benjamin Netanyahu won't even go so far as to answer Goldstone's letter. "

Case closed.

The more the Zionists continue with this effort, the more damage they will do to their own cause.

I can't say this enough -- read the Israeli press. You're not supposed to, that's why you should.

    Reply    Favorite    Flag as abusive Posted 03:12 PM on 10/15/2009
- myopinion2 I'm a Fan of myopinion2 22 fans permalink

Your comment does not respond to the blog, which quotes Goldstone basically as sayiong that the media presentation of the Report is misleading, as is the text of the report itself. What does that have to do with shilling and shooting the messenger. This is goldstone admitting that the Report is misleadingly flawed in the way it is presented.

    Reply    Favorite    Flag as abusive Posted 03:45 PM on 10/15/2009
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What nonsense. Neither does Mr. Goldstone basically say that the media presentation of the report or the text of the report is misleading, nor does Mr. Dershowitz say that Mr. Goldstone says any such thing.

Rather, Mr. Dershowitz set out some flagrant straw horses and knocked them down for fun, not realizing the damage he was doing to the Israel cause.

    Reply    Favorite    Flag as abusive Posted 06:49 PM on 10/15/2009
- lbsaltzman I'm a Fan of lbsaltzman 75 fans permalink

I agree with your comments. Israel and her supporters are digging themselves into a deeper hole. They will end up keeping the story alive with their constant character assassination and badmouthing of the report..

    Reply    Favorite    Flag as abusive Posted 05:04 PM on 10/15/2009
- max08 I'm a Fan of max08 49 fans permalink

You're dead right, avray.

    Reply    Favorite    Flag as abusive Posted 11:48 PM on 10/15/2009
- myopinion2 I'm a Fan of myopinion2 22 fans permalink

Goldstone's belated truthful clarification about the Report is way too late to remedy the substantial damage it has dine to Israel. The MSM and non-MSM media will never get this clarification out. But thank you for letting those who have eyes to see and ears to hear, know.

    Reply    Favorite    Flag as abusive Posted 11:52 AM on 10/15/2009

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