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Ashley Rindsberg

Ashley Rindsberg

Posted: November 19, 2009 02:16 PM

UN's Goldstone Sent 13-Year-Old Boy to Prison for Protesting Apartheid

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Richard Goldstone is one of today's most renowned names in human rights jurisprudence and international law concerning war crime. Already well known in human rights circles by the time he served as chief prosecutor for the United Nations International Criminal Tribunals for Yugoslavia and Rwanda in the mid-1990s, Goldstone's esteem only increased as he carried out his role as a UN prosecutor.

But prior to his work for the international court, Goldstone cut his judicial teeth on the bench of South Africa's Supreme Court under the apartheid regime. During this period between 1980 and 1989 -- some of apartheid South Africa's most violent years -- Goldstone ruled on cases which pitted human rights against South African statutory law, legal precedence, and judicial convention.

In the most poignant case, Goldstone ruled against the 1986 appeal of a 13-year-old boy who had been sentenced to jail for disrupting school as a protest against apartheid and increasingly draconian "emergency laws" used to preserve order and squelch opposition to the government. Goldstone, according to The New York Times, provided no comment to his decision to uphold the sentence of the lower court.

In a similar case that year, Judge Goldstone ruled against two appellants who had been convicted for possession of a cassette tape that had a recording of an interview with Oliver Tambo. Tambo, along with Nelson Mandela, was a founding member of the ANC Youth League and later served Secretary General of the ANC itself.

The case, brought before the Transvaal Provincial Division of the Supreme Court, on which Goldstone sat, centered on whether the two young men had attempted to disseminate the tape on behalf of the ANC, thereby violating the Internal Security Act No. 74 of 1982 -- a piece of legislation that some human rights scholars have called a crucial weapon in the regime's "arsenal of terrorism legislation."

Goldstone commented in that case that Mr. Tambo's opening words on the recording indicated "beyond a reasonable doubt that the cassette in question was published or disseminated under the direction or guidance or on behalf of the African National Congress," -- a fact that, in Golstone's opinion, was sufficient basis to uphold the convictions of the two young men.

According to the Supreme Court ruling on the case, other key subversive phrases made by the ANC leader on the recording included an encouragement to the people of South Africa to resist the apartheid regime, and Mr. Tambo's call to "let us change our own country into the kind of society we want it to be."

Goldstone's comment that the two young men had acted as agents of the ANC was later cited by the higher appellate court as reason to once again uphold the convictions.

The case of the 13-year-old boy Goldstone ruled against came in the context of a wave of national protests and school disruptions by South Africa's black youth against apartheid and the brutal emergency laws. Authorities responded with mass detention of children who participated in the protests, or were suspected of doing so. By the fall of 1985, at least 800 students had been detained. By December of 1986, South African security officials admitted to having detained more than 1,800 teenagers, while reports surfaced that policemen routinely whipped children at their school desks if they were suspected of supporting the anti-apartheid protests.

Goldstone was slammed by South African human rights organizations for his 1986 ruling against the boy. In a later interview with The New York Times' Bill Keller (who called Goldstone a "cross between King Solomon and Ghostbusters"), the South African judge said about his ruling against the boy that the emergency laws left him "no way out."

But criticism of Goldstone has not been limited to decisions made during his tenure on the bench of apartheid South Africa's Supreme Court. South African journalist and historian R.W. Johnson wrote in an October, 2009 piece that Goldstone had made serious ethical breaches in his capacity as chief prosecutor for the International Criminal Tribunal for Yugoslavia (ICTY).

During preparation for the trial against former Yugoslavian military commanders, according to Johnson, Goldstone was informed by higher-ups that if he did not secure an indictment by November, 1994, he would not receive budgetary funding for the following year. Goldstone quickly moved to indict the only person there was evidence against, even though Goldstone admitted that the defendant "wasn't an inappropriate first person to indict."

Johnson, in his piece, "Who Is Richard Goldstone," noted that the indictment "was so inappropriate that the judges in The Hague passed a motion severely censuring Goldstone."

Goldstone has become the center of controversy in recent months regarding his report to the UN Human Rights Council following a fact-finding mission he led into Israel's 2008 Operation Cast lead, later known as the Gaza War. The report, which has been praised by some but heavily criticized by others, is being considered by the UN Security Council.

 
 
 
 
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04:22 AM on 11/20/2009
This is the first report I have come across that actually takes a look at the man that sits in the Ivory tower judging a democracy fighting an assymetric jihadist threat. Not only was he up in up in the judiciary of the Apartheid regime in South Africa, BUT even afterwards in internatio­nal tribunal concerning Yugoslavia he was censured for unethical practices.

This is a newsworthy story and relevant when considerin­g the indictment of Israel that has been set in motion by Goldstone'­s. Here we see a history of this malfeasanc­e and disregard for Justice.

Thanks HuffPost for putting up a hard-hitti­ng story that does shed some light on a man who is accusing Israel of war crimes.
06:05 PM on 11/19/2009
It would be far more balanced if HuffPo would post an article detailing some of the actual criticisms of Goldstone'­s report on Gaza rather than a vague indictment of his work in South Africa.
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lbsaltzman
Permaculture and Sustainability
05:58 PM on 11/19/2009
Whether this post is factual or not, I have no idea. But whatever Goldstone has or has not done in the past, his report on the Israeli attack on Gaza was excellent.
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StCuthbert
Anytime the mods are ready...
07:17 PM on 11/19/2009
Read this article and see if you still think so, if your mind hasn't completely closed:

http://cam­era.org/in­dex.asp?x_­context=2&­x_outlet=1­18&x_artic­le=1736
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lbsaltzman
Permaculture and Sustainability
08:30 PM on 11/19/2009
I definitely still think Goldstone has done an excellent job.
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TheLonelyGod
The oncoming storm
04:52 PM on 11/19/2009
I can't believe the HP is posting an anti-Golds­tone article.

I guess it's to make up for the six pro-Goldst­one articles last week.
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StCuthbert
Anytime the mods are ready...
04:22 PM on 11/19/2009
OH GOSH! Sounds like the big G isn't the judicial saint everyone on here made him out to be. Illuminati­ng article, thanks for posting.
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Fireslayer
04:16 PM on 11/19/2009
Gosh, I think I have made a couple of three mistakes in my life.

So much for my candidacy for canonizati­on.

The thing I admire most about Bobby Kennedy was he changed quite a bit as he matured in politics.
05:54 PM on 11/19/2009
Weak man, weak.