Goldstone: Discussed, but Not Read

The Goldstone Report is back, taking center stage in a raging international debate. What is most troubling, is not the circuitous route the Report took on its way to the United Nations Security Council. Rather, it is the fact that those making the most noise about the Report have, I fear, either not read it or are deliberately distorting its contents for political advantage. In fact, it may well be that, by now, the Goldstone Report has eclipsed the Iraq Study Group Report as the most discussed, least read, document of the decade.

When it was first released by the UN Human Rights Council, reactions were predictable. Some U.S. officials dismissed it as "flawed" and "unbalanced," while Members of Congress went further using shameful language to attack both the Report and its principle author. Israeli Prime Minister Benyamin Netanyahu also reacted, as expected, alternating between bullying ultimatums to end the "peace process," and dire warnings that the Report posed an existential threat to the State of Israel.

Since they, too, stood accused by the findings of the Report, Hamas also initially denounced it, issuing a vile anti-Semitic diatribe directed at Goldstone himself.

For its part, the Obama Administration, not wanting the Report's findings to become an obstacle to restarting Middle East peace negotiations, pressed the Palestinians and other parties on the Human Rights Council to postpone consideration. At that, Netanyahu declared victory, and the Palestinian side was thrown into convulsions, with serious charges of betrayal directed at the leadership.

It is distressing that the U.S. did not anticipate the impact that their pressure on the Palestinians would have. But miscalculations of this type are frequent since, although the U.S. keeps a watchful eye on internal Israeli politics, they rarely consider the internal Arab political dynamic--often with tragic consequences.

In any case, to calm troubled seas, the Palestinian President reconsidered, and, in concert with allies, brought the Goldstone Report back to the Human Rights Council and then on to the Security Council.

Now that it is back, not much has changed. Netanyahu, speaking in the Knesset last week, referred to the Goldstone Report as a "distorted report written by a distorted committee [that] undermines Israel's right to defend itself. This report defends terrorism and threatens peace." His Defense Minister, Ehud Barack, chimed in describing the report as "false, distorted, tenacious, and encouraging terrorism." Enlarging on all this, AIPAC sent out talking points to their Congressional supporters calling Goldstone "biased and one-sided", criticizing the report's "findings and methodologies." And a U.S. spokesperson dismissively said that the Palestinians had a choice to make between statehood and vindication, implying that they had made the wrong choice.

Still discussed, but not read.

I had the distinct honor to have lunch a few weeks back with Justice Richard Goldstone. I say honor because, not only was he the first Justice appointed by President Nelson Mandela to South Africa's Constitutional Court, he is a legend in the human rights community for his work investigating and prosecuting war crimes in the former Yugoslavia and Rwanda. Despite being in the center of a storm, he is a remarkably composed man. As a jurist, his words are weighed, his observations are precise, and his judgments informed.

As he has made clear in interviews, he expanded on the Human Rights Council's limited mandate to include, in his investigations, not only the Gaza War, but the events leading up to that war, holding all parties involved accountable for their behavior.

In order to prepare the Report, Goldstone's team spent considerable time in Gaza conducting a few hundred interviews, reading thousands of pages of reports, and conducting public hearings in the Middle East and in Geneva. In all, they investigated 36 specific events, providing an exhaustive narrative report on their findings, and then a review of applicable human rights law and conventions.

Many of the incidents covered in the report will be familiar to those who followed the December/January Gaza War. It examines, for example, the attacks on hospitals and mosques, and the widely reported killings of Gaza civilians. The Report also looks at incidents that are not so well known, several of which are covered in a section titled "Attacks on the Foundation of Civilian Life in Gaza: Destruction of Industrial Infrastructure, Food Production, Water Installations, Sewage Treatment, and Housing." These include: the total destruction of the Al-Bader Flour Mill, the bulldozing and "systematic flattening" of the Sawafaery Chicken Farm (killing all 31,000 chickens), and the bombing of the raw sewage lagoons of the Gaza Water Sewage Treatment Plant causing 200,000 cubic meters of raw sewage to contaminate neighboring farmlands. These, the Report concludes, were not military targets, and were instead evidence of, "unlawful and wanton destruction, not justified by military necessity" and, hence, a war crimes.

Not only Israeli behavior was investigated, Hamas was also called to account for its violations of law, specifically with regard to the detention and treatment of Gilad Shalit, their indiscriminate bombing of Israeli citizens, and their repressive and deadly targeting of political rivals in Gaza. The Palestinian Authority was also found responsible for a range of human rights abuses, most especially, repression and violence against their political rivals in the West Bank.

Now that the report has been voted out of the Human Rights Council and forwarded to the Security Council, the gamesmanship continues. The Israelis will throw a another temper tantrum, the U.S. will attempt to dismiss the entire discussion as a false choice between human rights and peace, and the U.S. Congress will no doubt get into the mix in some unhelpful way. And the competing Palestinian parties will continue to see the Report as a club to use against one another.

I dare say that while its authors believed that the Goldstone Report would create a debate, they did not anticipate this firestorm. That it is back center stage is a good thing. But the problem remains. With all the political posturing and the heated debate, sadly, in all probability, the report will not be acted upon, nor will it be read. It should be, for there is much in it from which all sides can learn.

Comments

[califlefty]

This article should have been entitled "Goldstone discussed, discarded"

http://www.youtube.com/watch?v=NX6vyT8RzMo&feature=player_embedded

[MosheDayanHero]

"Those making the most noise about the Report have, I fear, either not read it or are deliberately distorting its contents for political advantage."

Considering that this article does not cite the report a single time, I would agree.
LOL.

[Freenation]

so does dershowitz­...depends which side you are...and you can see from the report which side has more crybabies....

[califlefty]

This week the founder and active chair for over 20 years of Human Rights Watch was so disgusted by the Goldstone Report he wrote this - I suspect HufPo won't print his letter or any relevant criticism.

"....Leaders of Human Rights Watch know that Hamas and Hezbollah chose to wage war from densely populated areas, deliberately transforming neighborhoods into battlefields. They know that more and better arms are flowing into both Gaza and Lebanon and are poised to strike again. And they know that this militancy continues to deprive Palestinians of any chance for the peaceful and productive life they deserve. Yet Israel, the repeated victim of aggression, faces the brunt of Human Rights Watch’s criticism.

The organization is expressly concerned mainly with how wars are fought, not with motivations. To be sure, even victims of aggression are bound by the laws of war and must do their utmost to minimize civilian casualties. Nevertheless, there is a difference between wrongs committed in self-defense and those perpetrated intentionally."

[mommamia526]

http://www.nytimes.com/2009/10/20/opinion/20bernstein.html, also read: http://www.jpost.com/serviet/satelite?cid=1255694848280&pagename=JPost%2FJPArticle%2FShowFull.

Goldstone is a Report, whether discussed, or not discussed, it can be read. And even if we would discuss, read, whatever do with it, the question remains: WHAT ABOUT THE PALESTINIANS in Gaza, in Lebanon, in Syria and in Jordan and how does their situation compare to the situation of Palestinians inside Israel proper and the PA area? It does, however, not matter WHAT changes or WHAT Israel does. There is a permanent underclass of Palestinians who are being used by others to further their own greed and objectives. Daoud Katab describes today on HuffPost how the situation is greatly improved in the Westbank, etc., however, there is an vile undercurrent among Palestinians. I am disappointed in Katab, who usually appears fair, that he too, now, accuses Israelis of the acts committed by Palestinians. The stonethrowing during Yom Kippur was done by Palestinians, not by Israelis, and it was well planned in advance to take advantage of the jewish High Holidays.

[eileenflemingWAWA]

Today, the Jerusalem Post published a Goldstones OPED which stated:

"Israel and its courts have always recognized that they are bound by norms of international law that it has formally ratified or that have become binding as customary international law upon all nations. The fact that the United Nations and too many members of the international community have unfairly singled out Israel for condemnation and failed to investigate horrible human rights violations in other countries cannot make Israel immune from the very standards it has accepted as binding upon it.

"Israel has an internationally renowned and respected judiciary that should be envy of many other countries in the region."

I laughed then cried because even a little one like me knows better!

Vanunu VS the Unjust Justice System of Israel:
http://www.wearewideawake.org/index.php?option=com_content&task=view&id=1335&Itemid=222

Cold Hearts, Blind Eyes and Israeli High Court Justices:
http://www.wearewideawake.org/index.php?option=com_content&task=view&id=1461&Itemid=225

[mommamia526]

WaWaWa, Eileen. There are two parties which must answer according to the report. Abbas has already condemned Hamas, which, he says, brought the Operation Cast Lead upon itself. Now, I do not know Abbas, but he does represent some Palestinians, I have heard. Also, even Goldstone has now criticism of his own report. The UNHRC is a skewed representation of interests. IF there are war crimes, committed by BOTH Israel and Hamas, the case belongs before the International Court in The Hague. Yes, Eileen, Israel has a judicial standing, and a longstanding judicial history to hold up. And Hamas has...I believe no standing? Judges can not operate on feelings and emotions; they MUST coldheartedly and with clear minds, judge cases on their merits. Emotions do not count. Now, the report is one thing. What preceded (and still goes on) Cast Lead is another matter. It is not about just one action. Cast Lead was a response in self defense against ongoing war actions, kidnappings, intrustions, invastions, etc. Ask yourself, Eileen, dear, who profits from the ongoing state of siege in Palestinian ghettos? Who profits from blackmarket prices resulting from those sieges? Who profits from hiding behind civilians and operating out of civilian centers without uniforms? Who changes his mind depending on how his family profits? What are illegal tunnels used for, dear?

[mommamia526]

Reports are important. Accusations must have standing and be proven. Accusations, however, Eileen, do absolutely NOTHING to improve the situation of Palestinians. Not only in Gaza, but in Lebanon, in Syria and in Jordan. By engaging in ongoing hostiilities and attacks on Israel, kidnappings, invasions via tunnels, both into Israel and into Egypt, Hamas creates the state of siege it complains about itself. There are advantages for Hamas, but not for the Palestinian people. Hamas smuggles contraband, guns, ammunition, and, yes, also food, via these tunnels. This merchandise is sold on black markets at inflated prices. Those who smuggle the merchandise in, sell at these high prices, and therefore profit. Black markets always flourish in states of war. Who pays the price? The population does. Who profits? The war profiteers (Hamas) do. That is always the case during war. Those in (temporary) power profit. You, Eileen, appear to be concerned with Palestinians. I am too. I would like them to do better. That is not going to happen as long as they are under the control of terror syndicates like Hamas. The terror, Eileen, is not only directed at Israel. It is also directed at the convenient chesspiece, the Palestinians.

[Trial Lawyer]

The real truth--as opposed to the "unproven" accusations of the Goldstone report (Goldstone's own words):
http://www.youtube.com/watch?v=8sznMP3dnCg&feature=PlayList&p=24B34659

[StCuthbert]

Great article. Thanks for the link.

[Wisdo]

You are correct in calling the accusation in the Goldstone report "unproven" - that is the nature of the report, i.e. it is preliminary, and Judge Goldstone therefore urges Israel and the Palestinians to instigate a proper, transparent investigation in order to exhonerate itself from some of the charges.

I assume you agree with Judge Goldstone that a real, transparent investigation needs to take place?

[TheLonelyGod]

So the next time someone says that the Goldstone Report is "truth" you will join us in correcting him or her?

[NeoconGal]

Laura and I were talking to God last night and he said thank you for all the good things I done.

[vinny]

Take a good hard look at the rocket attack data:

http://www.themediaoasis.com/Hamasrockets.htm

Given the timing of the Gaza invasion, one can only conclude Israel's justifications are bogus.

[Macready]

well said vinny . . totally agree

[jordanispalestine]

thousands of rockets fired at Israeli civilian populations over many years......THAT's OK with you and Vinny??? Nice........real nice!! Fine gentlemen!!

[Rog49Thomas]

Where do these people with their unfounded criticism come from?

What could possibly motivate them?

Dov Yermiya, Sabra, war hero publicly renounces Zionism.

Members of the IDF criticizing Cast Lead at http://www.shovrimshtika.org/oferet/index_e.asp

The folks at Bt’Selem. http://www.btselem.org/English/index.asp

Those at Hamoked with allegations about a secret prison and mistreatment of Palestinian prisoners. http://www.hamoked.org/

Whinny people at ICAD complaining about collective punishment and house demolitions. http://www.icahd.org/eng/

And then of course there are the folks at Haaretz like Gideon Levy.

All home grown.

So hard to understand.

[jordanispalestine]

All dupes and appeasers!!

[JerryLevy]

The purpose behind this "report" is simple: make it "illegal" for Israel to defend itself against the state sponsored Palestinian terrorism they face. In 2006 Lebanon attacked Israel, killing nine of their citizens and kidnapping two. When Israel responded, the UN condemned it. Israel was bombarded with thousands of rockets from Gaza, the attacks were made from civilian areas by the Hamas government and they were unprovoked by anyone. There was not one comment from the UN. After two years of warnings from Israel, they responded to these thousands of rockets being launched on them from "Mosques," Schools, Hospitals, etc. The Palestinians care very little about human life and launching the war from civilian areas to get as many of their own people killed for political purposes is nothing new. The so called UN report failed to showcase this at all. Again, the purpose of this report is to make it illegal for Israel to defend itself against terrorist attacks---that is the only reason it is being written.

[Freenation]

"The purpose behind this "report" is simple: make it "illegal" for Israel to defend itself against the state sponsored Palestinian terrorism they face"

i think you got it mixed up the purpose of report is to show state sponsored terrorism of both parties in the conflict, but the difference is one side is being a cry baby...

[messy - Huffpost Blogger]

No, actually he was right. Bigorty pure and simple. The UN condemns Israel for everything due to Arab antisemitism.

[tyruler]

"...make it "illegal" for Israel to defend itself against the state sponsored Palestinian terrorism they face."

PA doesn't control Hamas thereby negating your state-sponorsed argument.

If there is anything state sponsored, it is by Israel, aided, shielded, and abetted by the veto wielding power of the United States thanks to pro-Israeli leanings of both Republican and Democratic politicians.

[robbep]

Both sides share responsibility in these attacks and both sides share responsibility in finding real peace.

[jordanispalestine]

No..Hamas is solely responsible.....if they hadn't fired thousands of rockets into Israel over a decade...Israel would have nothig to retaliate against!!

[athiady]

Rule of law should be above international geopolitics. It is absolutely right charge IDF and Hamas for gross human rights violations. What I cannot understand is how Sri Lankan government and Sri Lankan army managed to escape UN Human Rights council when the Sri Lankan unleashed a collective punishment against Tamils and killed more than 20,000 and injured more than 50,000. Today, 300,000 Tamils are in internment camps.

International political system is so hypocritical. Countries supported Goldstone's report voted against UN investigation into Sri Lankan army's war crimes.

[pinkibus]

athiady -

What I cannot understand is how Sri Lankan government and Sri Lankan army managed to escape UN Human Rights council when the Sri Lankan unleashed a collective punishment against Tamils and killed more than 20,000 and injured more than 50,000. Today, 300,000 Tamils are in internment camp.

Please explain how this relates to the discussion re The Goldman Report. Many crimes have never been investigated. However, that does not relate to the crimes which are investigated. Gaza is a crime committed against the Palestinians and that is pretty easy to understand. You sound like a child saying: "Well he did the same thing and you didn't punish him." Well Israel committed the crime and it should do the time. Maybe Sri Lanka needs to be dealt with too but it doesn't mean Israel can just commit crimes and never answer for them because other countries or governments commit crimes.

[tyruler]

Exactly.

[athiady]

pinkibus,

IDF and Hamas must be accountable for their human rights violations and appropriate action must be taken against them . Same principles must be applied against Sri Lanka as well.

China and Russia protected Sri Lanka in UN Human Rights Council and US will do the same for Israel. Until major powers stop twisting rule of law (ie defending Israel, Sri Lanka etc) UN or any other responsible organisation cannot stop gross human rights violations and weaker get even weaker. I am not an optimist here that nothing will happen to Israel other than some negative media publicity. The Goldstone report will start to gather dust soon!!

[Horst]

The UN Human Rights Commission is indeed a sad joke.

[messy - Huffpost Blogger]

The UN human rights council has been against human rights for years.

[MotherMiasia]

Its about time a report came out that revealed this states war crimes. Its been perpetuating war crimes and international law violations since its inception. You don't need a report to come out to reveal these things, over 40 international and domestic NGO's have declared that this state is guilty of crimes and a disgusting massacre.

[alexa07]

Here's the excuse that is supposed to exonerate one & all, the IDF boots, their commanders & those in the Israeli govt: I am going to take out your family's home, & very possibly your family too, but first I'll drop a leaflet & then telephone you. How truly, strangely incomprehensible.

[MotherMiasia]

It truly is strange, but the irony is that these people have no where to seek refuge. This population of refugees, have no other place they could have sought sanctuary. This is also a point that "critics" of this report fail to see and fail to explain.

[tallen]

The Goldstone report is a shameless exercise in kangaroo justice, commissioned by an even more shameless UNHRC.
The idea that the current arbiters of "human rights" and "justice" are the likes of Russia, Saudi Arabia, China, Nigeria, et al, makes a mockery of those rights.
The report itself has been thoroughly discredited (http://www.goldstonereport.org/index.php) and I fully expect that Israel will issue a full counter report also reiterating the errors of fact, the use of hearsay, and the misstatements of law within that report.
But the most egregious aspect of this affair is that the Palestinians themselves have been proudly guilty of war crimes, and crimes against humanity, as defined by the Geneva Convention, for decades.
Yet despite these glaring crimes, the UN and its partner in this charade, the UNHRC have overlooked and tacitly approved of the Palestinian premeditated mass murder of civilians.
The entire episode is mind boggling in its through-th­e-looking-­glass quality, where good is evil, and evil is good.

[Salfana]

It is all a question of proportionality and this is what the Goldstone Report says. Isr. was disproportionate on how they conduct themselves in the war and this his what the Geneva Convention says about War Crimes. Maybe you should read it again. Gaza borders were all closed, leaflets were send apparently to warn people before they were going to get bombed, but for most people they had to stay having no where to go. Isr. and Egypt were not letting anybody get out. Gaza is the biggest open air prison in the world and one of the most densily populated area in the world.

[jordanispalestine]

You mean like when the allies bombed Dresden in Germany, killing over 150,000 civilians.....at the end of WW2.....just to show the Germans what would happen to them if they started up hostilities again?????????? THAT kind of disproportionate action...or the dropping of the A-Bomb on the Japanese??? I get it now..thanks for clearing up what is "disproportionate" and what isn't!!

[Wisdo]

"The report itself has been thoroughly discredited"

No it hasn't and you have obviously not read a word of it.

[jordanispalestine]

I read about the Hamas war crimes...did you???

[Dawud]

This old problem was written about in the book "The Israeli Lobby" by John Mearsheimer and Stephen Walt.

AIPAC provided congressmen with talk points that they kept to the letter.

Look at what happen to the 2 Black former congresspeople (Hillard & McKinney) when they didn't follow AIPAC's talking points on Israel. AIPAC flooded their opponents with money and they lost. Even their friends in the CBC couldn't save them!

I really don't see why AIPAC should not be registered as a Foreign Agent. Why doesn't the DOJ charge them with violating the Foreign Agents Registration Act of 1938?

[GZLives]

Like this talking point

"I am the former commander of the British forces in Afghanistan. I served with NATO and the United Nations; commanded troops in Northern Ireland, Bosnia and Macedonia; and participated in the Gulf War. I spent considerable time in Iraq since the 2003 invasion, and worked on international terrorism for the UK Government’s Joint Intelligence Committee.

Mr. President, based on my knowledge and experience, I can say this: During Operation Cast Lead, the Israeli Defence Forces did more to safeguard the rights of civilians in a combat zone than any other army in the history of warfare.

Israel did so while facing an enemy that deliberately positioned its military capability behind the human shield of the civilian population.

Hamas, like Hizballah, are expert at driving the media agenda. Both will always have people ready to give interviews condemning Israeli forces for war crimes. They are adept at staging and distorting incidents.

The IDF faces a challenge that we British do not have to face to the same extent. It is the automatic, Pavlovian presumption by many in the international media, and international human rights groups, that the IDF are in the wrong, that they are abusing human rights."

[GZLives]

(part 2)

Talking point ?

"The truth is that the IDF took extraordinary measures to give Gaza civilians notice of targeted areas, dropping over 2 million leaflets, and making over 100,000 phone calls. Many missions that could have taken out Hamas military capability were aborted to prevent civilian casualties. During the conflict, the IDF allowed huge amounts of humanitarian aid into Gaza. To deliver aid virtually into your enemy's hands is, to the military tactician, normally quite unthinkable. But the IDF took on those risks.

Despite all of this, of course innocent civilians were killed. War is chaos and full of mistakes. There have been mistakes by the British, American and other forces in Afghanistan and in Iraq, many of which can be put down to human error. But mistakes are not war crimes.

More than anything, the civilian casualties were a consequence of Hamas’ way of fighting. Hamas deliberately tried to sacrifice their own civilians.

Mr. President, Israel had no choice apart from defending its people, to stop Hamas from attacking them with rockets.

And I say this again: the IDF did more to safeguard the rights of civilians in a combat zone than any other army in the history of warfare."

[duxguts]

And there is a good point. 'Allowed tons of aid into Gaza'. Who gives Israel the right?

[Salfana]

How about this conveniently omitted little detail?
One can launch many millions leaflets to warn people, but if the borders are closed where do you want them to run? Gaza was and still is an open prison. Gaza is one of the most densely populated area in the world.

[alexa07]

"For its part, the Obama Administration, not wanting the Report's findings to become an obstacle to restarting Middle East peace negotiations, pressed the Palestinians and other parties on the Human Rights Council to postpone consideration."

The Goldstone findings become "the obstacle," to peace negotiations, according to the new Obama team, just as the Palestinians were admonished to refrain from "incitement" as their families, properties, farmlands, factories, schools were destroyed by the IDF. I wonder how anyone could refrain from "incitement" if they were forced to live in an outdoor prison, all the while creepy drones & fighter jets flew overhead, dropping all manner of hideous war material down upon them? US Congress, likewise. Perhaps, our leaders would not then be so eager to be helpful to the Israelis & their "peace" efforts?

[Salfana]

I agree with your comment.

I must add that Pres. Obama's administration as undermined the Fatah Palestinian Authority leader Mahmoud Abbas when they applied so much pressure on him to postpone the Goldstone report consideration to March of next year. In postponing the Palestinians grievances toward Isr. and the war crimes of Isr and Hamas as stated in the Goldstone Report, the Palestinians of the West Bank took it to the street and called him a traitor to his own people. So this is not good for the peace process if the man that Washington support has lost its credibility

[alexa07]

Abbas has been reduced to fending off accusations he is an enforcer for the occupation. It seems strange that the American leadership did not take this into consideration, but they have always expected him to go along, regardless. Not wise by any means. I agree with you that it is strange no one thought that the pressure they exerted on him; the fact that he gave in to it (for whatever reasons) would not be interpreted as it was. Now all of the discussions are taking place out on the 24/7 news networks. The Obama people have damaged Abbas; they also have tarnished their own reputations by appearing to take up the same old role of providing cover for their best friend.

[HansB]

One can't touch the Israel-Palestinian dispute with a ten-foot pole without being smeared. Most people realize that and the smearing of Judge Goldstone will discredit not him, but those who do the smearing.