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David Harris

David Harris

Posted: September 18, 2009 12:50 PM

The Goldstone Report: Three Strikes and You're Out!

What's Your Reaction?

It began earlier this year, after Israel's military operation in Hamas-ruled Gaza to stop rocket and mortar attacks against Israeli towns and villages.

Predictably, the inaptly named UN Human Rights Council went to work. This is the Geneva-based body that replaced the dysfunctional UN Human Rights Commission in 2006.

Other than replacing "Commission" with "Council" in the name, however, there's been no change. In fact, the current incarnation does even less to protect human rights.

Or, put differently, it creates even more ways for oppressors to protect themselves while creating convenient whipping boys. And whipping boy number one, not surprisingly, has been Israel, which has few enough friends to begin with among the Council's 47 members -- and even fewer when it requires showing a shred of moral backbone in the politically-expedient halls of multilateral diplomacy.

Thus, Israel has had the dubious distinction of being deemed so radioactive as to be in need of a separate agenda item in Council deliberations. All other 191 UN member states, saints and sinners alike, are grouped together elsewhere. That doesn't allow much room to consider serial human rights abusers from Cuba to Iran to Zimbabwe.

Speaking of which, what has the Council done about massacres in Darfur? Well, after months of grappling with circle-the-wagons resistance from fellow Arab countries, the Council managed to adopt a resolution voicing concern about events there. But wait, that's not the end of the story. In a new definition of chutzpah, the resolution thanked the Sudanese government, the sponsor-in-chief of the killings and displacement, for its cooperation.

After Sri Lankan troops recently unleashed their lethal power against Tamil separatists on the strife-torn island, indiscriminately killing an estimated 20,000 people, many of them civilians, what did the Council do? It adopted a resolution drafted by Sri Lanka itself welcoming the outcome!

So it goes. The real victims of these travesties? Those who suffer human rights abuses, who desperately need a global forum to act on their behalf. And the UN itself, which can't find a way to separate its duties to monitor and protect human rights from the grim realities of politicization and double standards.

So, when the Council decided to "consider" Israel's entry into Gaza, the result was a foregone conclusion. Context? No way. Balance? Forget about it. The verdict? Already in. The Council's previous focus and actions on Israel ensured all three.

Strike one.

But, as hope springs eternal, maybe, just maybe, this time it would be different. It wasn't.

The Council adopted a measure to investigate what happened. But just to remove any lingering suspense about what the inquiry might reveal, the charge was to pursue Israeli "violations of international human rights law and international humanitarian law." In other words, the outcome was pre-cooked.

That Israel had absorbed thousands of attacks from Gaza in recent years didn't warrant consideration. Nor that Israel had shown admirable restraint until December 2008, something few other countries would have done in similar circumstances. Nor that Israel pulled out totally from Gaza in 2005, giving local residents their first chance in history to govern themselves. Nor that Hamas took over Gaza after a violent clash with the Palestinian Authority in 2007. Nor that Hamas, linked to the Muslim Brotherhood and Iran, is openly bent on Israel's destruction.

Strike two.

In fact, Mary Robinson, who, as a former UN High Commissioner for Human Rights, wasn't exactly known for her warm disposition toward Israel, turned down an offer to lead the Council's investigation.

"Unfortunately, the Human Rights Council passed a resolution seeking a fact-finding mission to only look at what Israel has done, and I don't think that's a human rights approach," Robinson said in March.

But the Council was not to be deterred. A panel of four, led by Justice Richard Goldstone of South Africa, was created. Goldstone insisted that he had received verbal assurance that he could investigate all sides in the conflict, but the authorizing resolution wasn't amended to reflect any such pledge.

And among his three fellow panelists was Christine Chinkin of London. Any semblance of impartiality went out the window in January, before the panel was even created. Ms. Chinkin signed a letter published in The Sunday Times (UK) that accused Israel of "collective punishment of Gaza's 1.5 million inhabitants," "aggression," and "prima facie war crimes." Yet those judgments weren't considered enough to disqualify her.

Strike three.

None of this is to suggest that Israel should be immune from scrutiny or is incapable of error. Neither is the case.

It is to suggest that Israel, as a democratic country which places a premium on the rule of law and an independent judiciary, has the capacity to examine allegations of misconduct -- as it has in the past, and as it must.

It's also to suggest that if the international community claims a role for itself in such matters, then it needs to be consistently applied around the world and impartially structured, leaving the conclusions to the end, not the beginning.

And finally, this story ought to be a cautionary tale for the United States, indeed all democratic states engaged in warfare today, especially in asymmetrical situations against non-state actors.

Whether it's Hamas or the Taliban, these groups don't give a hoot about international human rights or humanitarian law, yet they're not averse to seeing the rules of the game applied to the other side.

They use innocent civilians as shields. Terrorists callously embed themselves in population centers, including schools, hospitals and mosques, inviting attack, so as to trigger cries of revulsion from the likes of the UN Human Rights Council. And right on cue, there's the Council.

Biased UN body. Biased mandate. Biased panel. Three strikes and you're out. Once again, the UN Human Rights Council whiffs on a chance to do good.

 
 
It began earlier this year, after Israel's military operation in Hamas-ruled Gaza to stop rocket and mortar attacks against Israeli towns and villages. Predictably, the inaptly named UN Human Rights ...
It began earlier this year, after Israel's military operation in Hamas-ruled Gaza to stop rocket and mortar attacks against Israeli towns and villages. Predictably, the inaptly named UN Human Rights ...
 
 
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12:29 PM on 09/21/2009
Personally, I think that the Human Rights Council should meet in Sderot. They could be human shields for the residents since their report put so little weight in the daily terror Sderot felt when being bombed by Hamasistan. Alternatively, they could have set up shop on the Egyptian border with Gaza and asked the Egyptian officials why they have locked up people in Gaza for 60 years. The residents of Gaza even speak Arabic with an Egyptian accent (different from the West Bank). Egypt born Arafat was known to have trouble being understood in the West Bank.

But of course either of those ideas would require a UN commission that actually wanted to solve problems, not one that wants to help the Arabs destroy Israel. Too bad, another missed opportunity.
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07:25 PM on 09/21/2009
60 years? For about 40 years of that Gaza has been under the control of Israel who are rather averse to having an open border with Egypt and on top of that we have the Arafat being born in Cairo one back for a welcome reappearance without mentioning that both his parents were from Palestine. Attempting to use the geographical location of your birth as an indicator of how many ties you have with a home is very shaky ground for someone arguing the Israeli side of the problem to be on.
BubbaC33
Jimmy Buffett is the greatest American
09:46 PM on 09/21/2009
Again garnish refuses to unerstand the point. Egypt did lose Gaza in 1967 but since the restoration of Israel Egypt has kept theborder closed. Even after Israel gave up the Sinai Egypt refused to open the border with Gaza. Not because it might make Israel upset, but for their own reasons of security.
My daughter is in the fourth garde and every one of the kids in her class is a native born Israeli. Most of the kids in her school are native born Israeli citizens. I would have been native born, but in my rush to make it into the real world I left arrived early while my parents were in Texas. Yes, I hold dual citizenship. BUt the point is most of my closest friends are native born. The argument Israel is not a legitimate state because of the status of its citizens is nonsense.
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Wozzeck
Pearl Bay, Australia
12:10 PM on 09/21/2009
Former Irgun member Uri Avnery has a welcome alternative analysis of the Goldstone Report:
http://www.avnery-news.co.il/english/index.html
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Wozzeck
Pearl Bay, Australia
09:58 AM on 09/21/2009
"It began earlier this year, after Israel's military operation in Hamas-ruled Gaza to stop rocket and mortar attacks against Israeli towns and villages."

No, it didn't. For a factual account of the origins of Operation Cast Lead, Google "The Invasion of Gaza: "Operation Cast Lead", Part of a Broader Israeli Military-Intelligence Agenda"
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Iccarus
The sky is my oyster
01:06 PM on 09/20/2009
Every time I read one of these stories I think of the movie Groundhog Day. Let's see... How did the charactor in the movie break his endless cycle. Yes, love was the answer.
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09:36 AM on 09/20/2009
Every time Israel's defenders launch an 'attack the messenger' campaign they do nothing but telegraph Israel's inability to refute the facts.
BubbaC33
Jimmy Buffett is the greatest American
11:29 AM on 09/20/2009
The Goldstone report includes no facts, which is about the same as most of the anti-Israel postings on this site. A lot of bluster, but never much in the way of actual facts or the truth.
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12:26 PM on 09/20/2009
It includes facts based on more sources than any released by the Israeli government and all the pro Israeli po9licy posts on here have consisted of the same 'Look if other people get off with committing atrocities and abusing a population we want to be able to do it as well' thinking that has been trotted out for decades.
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07:49 PM on 09/19/2009
"Israel, as a democratic country which places a premium on the rule of law . . ."

Except when it carries out acts of extra-judicial assassination that regularly slaughter bystanders in addition to the declared target or targets. It is of course merely "unfortunate" and "regretable" always when the target's family gets blown away too. Some premium.
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Ergon
Man From Atlan
04:47 PM on 09/19/2009
Israel broke the ceasefire which then caused a resumption of rocketing. That seems to be its mo, break cease fires and provoke the usual pathetic palestinian response, follow up with a disproportionate use of violence, have apologists write op eds.
04:45 PM on 09/19/2009
We tend to "put up with" things for so long that by the time we take action we have way to much anger and bitterness to act in a way that's reasonable and rational for the offense committed. That's what happened to Israel. By the time they took action they were so fed up that they went overboard in relation to the offense of rocket fire from Gaza. Both sides were wrong in action and response and both should face the music. Should Israel be punished more than Gaza? Bottom line is that a 100 to 1 fatality looks very bad for Israel. Much like the boy who cried "wolf," Israel continues to cry "defense." 100 to 1 death ratio is not "defense" it is offense. The same can be said of Gaza. Rocket launches on a regular basis is offensive. Israel has every right to defend itself. The problem is that her response to the offense was neither rational nor reasonable. Let's not forget that the U.S. pushed for free elections in Gaza and when Hamas won by democratic vote, all hell broke loose. Be careful what you wish for comes to mind. No one should lose sight of all the "innocents" that have been paying the price in blood for two governments that refuse to understand that we are only borrowers of land and resources. In the end no human will ever own anything forever and based on that we had all better start getting along.
02:18 PM on 09/19/2009
Its interesting how Israel's critics apply a double standard. Oh how could Israel do this? Oh how could they do that? Nothing is said about the other sides conduct. All very easy when you are sitting in your cozy American or European ivory tower. Here's the bottom line. When you act like a terrorist, expect to be killed like one. It happens in Sri Lanka, Chechnya, Afghanistan, Iraq and so the list goes on......
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02:39 PM on 09/19/2009
Obviously you haven't even bothered to read the report of even its summery have you? Should you ever take that first step you’ll find that it does indeed criticize the other side quite a bit.
Apart from that do you have any pointers on how those under 12 years of age, police cadets at their passing out parade the elderly and infirm among others can avoid acting like terrorists in the future?
BubbaC33
Jimmy Buffett is the greatest American
12:04 AM on 09/20/2009
The report may criticize Hamas, but Goldstone did not do so.
05:17 PM on 09/21/2009
You could ask the same question of Hamas. The difference however is that Israeli's voted for a democratic government. Gazan's voted for Hamas, a terrorist organization. This confirms the sad reality that there are consequences for actions.
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pbziegler
02:15 PM on 09/19/2009
Suppose we asked the Israelis to list 5 things they have done for which they would ask forgiveness from the Palestinians and asked the Palestinians to list 5 things they have done for which they would ask forgiveness from the Palestinians. If either can't list 5 things and/or doesn't believe they should seek forgiveness they have to move to Texas and start all over. They would be surrounded by other nationalist religious zealots like themselves. And, they would have oil.
01:30 PM on 09/19/2009
David Harris is so on target. He sees through the issues that most of the media obscures. Connect the Dots. That was the criticism of the Bush administration that resulted in 9/11. The Bush administration did not connect the dots of information that was going on all around them. Well it's time that we started to Connect the Dots. From the Islamization of Western Societies in Europe (and if you look around this country without blinders you will see signs here too) to the constant and consistent denigration of Israel and the United States of America and yes, even to the direction this administration is trying to push this country, you will see a trend that at one point will not be reversable. At that point people will look around them and say "Gee, how did this happen??" The answer is that most people look at life as they want it to be, not as it is; therefore, they can not see the dots to connect. We still have time to Connect the Dot. Let's do it!
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02:25 PM on 09/19/2009
I can connect dots too and this wonderful new phrase of "Islamization of Western Societies in Europe" repeated as if by rote without being able to point to anything to back this up along with the constant deionization of anything remotely Arab or Persian, the inability to accept any criticism of Israel and conversely unable to accept that the Palestinians have any legitimate complaints or right to security is far easier to do this with.
It's normally called xenophobia.
02:43 PM on 09/19/2009
CookieShap, you, too are right on target!
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03:01 PM on 09/19/2009
Are you seriously posting praise of your own posts? This is a first for me even by the normal slightly strange standards of the internet.
11:10 AM on 09/19/2009
Speaking as a Jew, I'd like to know how using white phosphorus munitions on civilians is supposed to stop rocket attacks by Hamas?
01:32 AM on 09/20/2009
It obviously worked - there were almost no Qassam attacks since December 2008.
05:18 AM on 09/19/2009
Israel’s invasion of Gaza and the subsequent condemnation by most of the civilized world (except America) is now just another in a long list of over-the-top responses against the oppressed Palestinian people by Israel. The new story and one which gets no press at all in America is the unbelievable rejection by Israel to President Obama’s special envoy George Mitchell to stop building and settlement expansion in disputed territory; this in an effort to create an atmosphere for real dialog between the Palestinians and Israelis’. How Israel could reject America’s overture given that America is without question the best friend Israel has ever had and likely to have is beyond comprehension. When will American’s wake up and realize that the only thing Israel really cares about are themselves, certainly not the best interests of America or Americans. Typically this type of behavior by any other close ally of America would elicit a strong response perhaps even a cut off of economic, financial and political support. However, the silence in the mainstream American media speaks volumes about how much control Israel really has over America. In the annals of history, never has there been a more clear cut case of the tail wagging the dog!
11:38 AM on 09/19/2009
Perhaps Pastor Wright should have said, "God damn those AIPAC US internal forces controlling US Middle East Policies, instead of "God damn the United Sttes."

Israel is armed to the teeth, garnered from US taxpayers, has become militariily invincible with missiles and atomic weaponry, thanks again to the United States, and has no intention to give up any part of the West Bank, let alone, an inch of Jerusalem. We the American People, the majority of us, have allowed ourselves because of the AJC's maneuvers through the likes of AIPAC, to be in this position - espousing Israeli aggression and intransigence, and are apparently absoldutely powerless, while a large contingent in the Congress such as Cantor, Lieberman, Hoyer, and large company, can squelch any movement toward a totally comprehensive peace settlement between Israel and the Palestinians.


Something has to give here, but will it. "God damn the United States" does have a plaintive ring to it, if we are unable to wrest away the control the AJC has over all of us. Let us pray for the couraqe to stand up to this madness.
02:44 PM on 09/19/2009
Israel in an independent country. It has the right to make its own decisions and is not nor should it be America's lapdog
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longtimegone
my micro-bio remains empty
03:37 PM on 09/19/2009
Then they can do it with their own funds, until then they'll continue to look like a lap dog who bites the hand that feeds it. And won't stop yapping.
02:41 AM on 09/19/2009
Graham: Look at your last line. Authority. What are the Hamas run police and military services in Gaza but an exercise of authority on the ground? The sovereign exercises sovereignty by physically occupying space so that it might project power. Israel, ethereal as you might try to make it, exercises authority over its territory and so has an armed police and an armed military, both existing to enforce the sovereign will. In Gaza, as evidenced by its police and military services, Hamas exercises such authority on behalf of Gazans.

As the operation in question itself proves, to project power on the ground in Gaza, the IDF needed to physically enter Gaza. That was step 1. Step 2 was armed conflict with the power that had been exercising sovereignty prior to IDF entry into Gaza. That was necessary since the pre-existing authority in Gaza was either the actual perpetrator of the 1000s of rocket attacks or was simply incapable of resolving the matter, and note again the 1000s of rocket attacks. Israel knows this all rather well, since Idi Amin and his sycophants in Uganda filed their complaint with the UN following the raid on Entebbe, claiming a blatant violation of Ugandan sovereignty. Israel said that Uganda was either complicit in the hostage taking or was unable to exercise sovereignty over its territory as it was incapable of dealing with a half dozen terrorists. Israel was correct in both instances.
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10:02 AM on 09/19/2009
There was a cease fire in place, that cease fire was upheld by Hamas for two months before Israel broke it despite Israel never keeping to the basic parts of the cease fire agreement. There is little point in blaming Hamas for allowing two rockets in two months to fly out of Gaza when Israel failed at any time to live up to the cease fire agreement and then broke it completely with a missile attack.

This is however the first time I’ve seen Uganda dragged in to justify the Israeli disregard for human rights so I’ll give you points for finding a totally new red herring excuse.
01:08 AM on 09/19/2009
Talk about naked propaganda - how any serious writer can defend Israel's disgusting policies against the populace of Gaza boggles the mind.

One thing Mr Harris: when you're trying to justify Israel's behavior maybe the best approach isn't to start blabbing on about all the other terrible things that are happening in the world (e.g. Darfur, Sri Lanka, etc) in an effort to deflect attention from the atrocities being committed by the IDF. Do you realize that doing this basically likens you to the captured murderer who complains to the Judge that there are many other murderers and you haven't bothered to capture them so, so why are you picking on me?

The fact that this is the best you can do to justify Israel's actions says it all.
08:30 AM on 09/19/2009
Hear hear ......
10:07 AM on 09/19/2009
When you can't make someone cry for you, yet again, you throw salt and sand in their eyes. This is what this article is trying to do.

Denial is so cheap.
BubbaC33
Jimmy Buffett is the greatest American
11:39 AM on 09/20/2009
What the article has done is to point out the number of faults in the reporting. That you are unable to see that is a testament to the level of your willingness to apologize for anything the Arabs do and to attack israel with no basis in fact.