Goldstone's Rosh Hashanah Bomb
The news hit Israel like a bomb, and I do not use this word lightly for a region riddled with bullets that has seen its share of real bombs that kill and maim people.
Israel is appalled and disappointed by the Report published on September 15, 2009 by the Gaza Fact-Finding Mission. The Report effectively ignores Israel's right of self-defense, makes unsubstantiated claims about its intent, and challenges Israel's democratic values and rule of law.
So began the Israeli response, posted on the Israeli Ministry of foreign Affairs' website, to Judge Richard Goldstone, the head of a United Nations commission, who this week charged Israel with committing war crimes in the Gaza Strip during its offensive there last winter.
The nearly 600-page report, presented this week by South African Judge Richard Goldstone, accused both Israel and Hamas of war crimes and possible crimes against humanity, and recommended that if no appropriate independent inquiry takes place in Israel within six months, the Security Council should refer the matter to prosecutors at the International Criminal Court.
Israeli officials have been furious at what they have called a biased report and a biased mandate, rejecting its findings. Israeli Prime Minister Benjamin Netanyahu lashed out at the report and reiterated Israel's right to defend itself during television interviews before Rosh Hashanah.
"I am telling international leaders: You are telling us that you support our right of self-defense. Don't tell us that after the next agreement, tell us now," he told Channel 2. "Reject the findings of this commission."
The United States expressed its grave reservations with the findings. The American Israel Public Affairs Committee (AIPAC) called the report "deeply flawed" and applauded "members of Congress who have spoken out in rejection of this biased "investigation" of Israel's defensive actions against Hamas terrorists attacking its citizens from the Gaza Strip."
So now, everyone should ignore the report and go home. Or better yet, the media should shift its attention to Ahmadinejad's Quds Day new idiotic remarks of denying the Holocaust.
The fact of the matter is, Goldstone's report is very important and should not be ignored. Israel should not be given a pass, and Hamas should be held liable. Those of us who covered Israel's three-week Operation Cast Lead in Gaza are not surprised by the findings of the report and many questions remain unanswered. For one, why did Israel prevent journalists (both Western & Israeli) from crossing into Gaza?
It could not have been for fear of their safety. Journalists operating in Israel, Gaza, and the West Bank have been beaten, killed, abused, and kidnapped before. I've been personally shot at (along with my crew) by the IDF few years ago. As I reported back in December from Nahal Oz, the Israeli government had tried its best to prevent news of the carnage in Gaza from reaching to the outside world. But it failed, thanks to the lenses of Al Jazeera TV and other media outlets which remained inside Gaza after the Western media had abandoned it. And this is one of the reasons why we have a Goldstone report. A report not only full of eyewitnesses' testimonies, but also backed by hundreds of hours of horrific footage and pictures chronicling the pain and destruction inflicted by Israel on a mostly civilian population.
Hamas fighters have also violated the laws of warfare, the report stated. But Israel's assault on the Gaza Strip cannot be justified by self-defense.
The numbers do not lie; 1,400 people died in Gaza, 80 to 90 percent of them civilians, more than 300 children were killed and more than 1,600 injured according to a new book soon to be published under the title I in Gaza by Norwegian doctor, Mads Gilbert. Ninety percent of casualties brought to Gaza's main hospital during Israel's winter offensive against Hamas were civilians.
In Thursday's edition of The New York Times, Goldstone defended his report.
"I believe deeply in the rule of law and the laws of war, and the principle that in armed conflict civilians should to the greatest extent possible be protected from harm," he wrote. "In the fighting in Gaza, all sides flouted that fundamental principle."
"Israel must investigate, and Hamas is obliged to do the same," Goldstone wrote. "They must examine what happened and appropriately punish any soldier or commander found to have violated the law."
Meanwhile, Arab media is doing Palestinians no favors by focusing only on Israel's crimes against Palestinian civilians in Gaza. The report explicitly blames Hamas for targeting Israeli civilians in Sderot and other Israeli towns and villages. Although the damage or killings caused by Hamas does not compare to what happened in Gaza, this should not matter. Targeting civilians is criminal, period. Hamas should not be celebrated.
At the end of the day, it is the innocent who pay the price. Will those responsible be brought to justice? Is Israel above the law?
Follow Jamal Dajani on Twitter: www.twitter.com/jamaldajani
Matthew Yglesias » Goldstone Report Findings
Commentary » Blog Archive » The Goldstone Report
The Goldstone Report: Rewarding Palestinian Terror
George E. Bisharat: Israel Is Committing War Crimes - WSJ.com
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Yeah right, Israel just went in, killed some random civilians, destroyed some random buildings, and the rocket attacks from Gaza have stopped first in an eight years. Makes sense?
Two wrongs don't make a right. Why is it that Israel is critical of Ahmadinejad denying the WWII Holocaust, yet feels morally superior in denying the Armenian Holocaust itself? Is it because Jews were victims in one while perpetrators in another? The claim rings hollow.
Israel, or to be precise the Israeli government, doesn't downplay (not deny) the Armenian holocaust out of any feeling of moral superiority, but because of realpolitik. Even under its current government, Turkey is one of Israel's most important strategic allies; but this strategic relationship would be endangered were Israel to adopt the morally correct position of reminding the Turks of their guilt towards the Armentians, since Turkey is not a country that accepts criticism, even from its close friends. It's unpleasant, to say the least, but international relations don't always function according to higher moral imperatives.
In answer to your question, Is Israel above the Law?
YES, so far, YES
We can only hope George Mitchell and Obama and his team, remain vigilant and demand Israel adhere to fair and just conditions in order to end the occupation and set PERMANENT borders, once and for all.
The US encouraged Israel to be above the law. How many vetos did the US cast on behalf of Israel at the UN? more than 90% of its vetos!
Here is a list of U.S. Vetoes of UN Resolutions Critical of Israel
http://www
Keep hoping. It will never happen.
The word decimation is derived from the Latin for "to remove one in ten". Sounds sort of innocent and neutral like math, except that, for example, In 73 BC, in the Third Servile War, Crassus used decimation in the war against Spartacus, that is, randomly killed one in ten.
In January, 2009, a new word was coined, millimation, to describe the loss of life in Gaza, 1,400 out of 1.4 million.
It is important not to confuse the cause and the effect of the cause.
Who started the conflict?
Obviously, it was Hamas with its rockets - 8000 of them, shot over period of years, with great restraint from Israel. And this was after Israel evacuated Gaza.
So, it is not fair to compare casualties on each side or even claim that both side must share blame.
Palestinians started this latest conflict, they bear the full responsibility for it.
Who started the conflict?
Did the Palestinians immigrate into Poland, Germany or Russia and carved themselves a state in 1948?
Obviously?
Evacuated Gaza?
They made me do it?
Who started the conflict is a separate issue from what this report and others are investigating.
What is at issue is the CONDUCT of the COMBATANTS DURING the conflict.
Just because one is attacked (and this goes for BOTH sides) does not justify ANY response.
International Law is clear that civilians are NOT to be targeted.
Both sides ignored this, and the individuals responsible -- on BOTH sides, should be brought to trial.
What a sight it would be at the ICC to see Hamas commanders in the dock with IDF commanders.
International law does say that civilians are not to be deliberately targetted; but it doesn't say that it's a war crime to kill or injure civilians in the course of attacking a legitimate miiltary target, provided that the damage to civilians is proportionate to the military objectives.
Goldstone, the former chief prosecutor for war-crime tribunals on Rwanda also wrote:
"Pursuing justice in this case is essential because no state or armed group should be above the law. Western governments in particular face a challenge because they have pushed for accountability in places like Darfur, but now must do the same with Israel, an ally and a democratic state.
"Failing to pursue justice for serious violations during the fighting will have a deeply corrosive effect on international justice, and reveal an unacceptable hypocrisy. As a service to the hundreds of civilians who needlessly died and for the equal application of international justice, the perpetrators of serious violations must be held to account."
Security for Israel can be a reality, but it requires Gaza Palestine receive Justice:
END the Occupation and Equal Human Rights for all!
Would also be great if Israel and US would respect International law-such as military occupations are to be TEMPORARY!
lord forgive them for they know not what they do
..
So one sides uses children to deliver explosives and hides weapons in air raid shelters and the other side uses American arms and money to shell civilians with white phosphorus.
WHO am I supposed to think is the "good guy"?
.
There is no good guy and bad guy. Until people stop taking sides, there can be no end to this conflict.
The good guys are the innocent civilians whose lives were cut short because of idiotic and criminal generals, leaders etc.
You're right. "Both sides violated the rule of law", says Goldstone, yet he condemns only Israel. Talk about taking sides!
how about the innocent children of Israel and Gaza (and while we are at it, the West Bank)
That is where my sympathies lie. That and with the vast numbers of civilians on both sides who want an end to the troubles.
I hope that Obama's administration can leverage the report to force Netanyahu to end the land grab and stop building settlements on Palestinian land.
I'm appalled that people think that this is subject to debate. The world saw the images of the dead children. They were slaughtered like sheep for G'd's sake!
If Israel is in league with the West, then how civilized can the West be?
WWI, WWII, Vietnam, Iraq, etc. = Western Civilization.
..
The murder of Muhammed's chosen successor Ali? And the 400-year caliphate of terror? The Ottoman invasions of Eastern Europe?
WHO is the "good guy"?
I can't figure this movie out.
.
I doubt that the findings of this report will go anywhere. International law, as we know it today, only applies to developing countries, or those nations that are not in league with the "civilized" West.
Jamal,
It is disgusting that Susan Rice & others in the Obama adm are giving cover to Israel by blasting the Goldstone report. It also is shameful that no one ever came forward from the Obama team to acknowledge what really happened in Gaza to Palestinian families, their homes, businesses, farms, livestock, trees & other important plants. Even though the US media won't do much to publish information from the report, its explosive contents will not remain buried. Online communications, satellite international news & the like will do the job the US media is too intimidated to tackle. I also saw last night on your program "Mosaic" on Link TV (thank you for all you do for this priceless gem) how the Israelis themselves as reported on their IBA channel are actually taking this report seriously, indeed, the US adm would do well to follow their example.
I feel sad for Susan Rice, she hasn't had a chance to use the veto yet. But don't worry Susan, it probably won't be long before the IDF go on another picnic in Gaza.
Not much difference between the two ladies, except one has a more interesting wardrobe & better jewelry.
Is Israel above the law? Absolutely!
It's been above the law for 60+ years. What ever happened to UN resolutions 181, 242, 338 etc. ?
No Israel is not above the law, but Hamas has been running lawless in Gaza attacking Israeli civilians.
The occupation of the West Bank and Gaza predates Hamas. The Ethnic cleansing of Palestinians in 1948 also predates Hamas.
If you think that Israel would receive condemnation in US Congress you'll be dreaming. No one will dare to speak out against AIPAC. It's sad but that's the reality.
AIPAC does not represent the Jewish left in the US. We are against the occupation but also the terrorism perpetrated by Hamas.
..
Sure it does.
SURE DOES.
.
Well, I'm not Jewish-- I'm an American of Irish and French Canadian descent -- also happento be Catholic (though I'm really not happy with the heirarchy of my church right now)
But I agree with you cohen -- 100%.
As citizens we still have the right and responsibility to speak up - whether our "representatives" listen or not. We also have a responsibility to support those brave enough to speak up and criticize those who violate international law. With Israel its especially personal because 3 billion/year of our tax dollars go to subsidize its occupation of the W Bank and the siege of Gaza. A good place to start is by supporting the Boycott Divest & Sanction (BDS) Israel movement.
Anyone who subscribes to a boycott of Israel has no idea about the politics or history of the region. Israel has stood with the US, the Arabs have done nothing more than attack the US and the West. To believe a boycott is a good path to follow is nonsense.
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