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MJ Rosenberg

MJ Rosenberg

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Goldstone's Edit Changes Nothing

Posted: 04/ 4/11 02:39 PM ET

Defenders of Israel's Gaza onslaught of 2008-9 can barely contain their joy. In a Washington Post op-ed on Friday, Judge Richard Goldstone -- the famed South African jurist who headed that country's Truth and Reconciliation Commission -- offers some second thoughts about the Gaza war and softens his earlier criticism of Israel's actions in Gaza, which his U.N.-backed report described as "war crimes."

In fact, Goldstone alters only one of his original findings. He now says that he has concluded that the Israeli Defense Forces did not intentionally target civilians during attacks in which 1,400 Palestinians died, of whom half were civilians and more than 300 were children. Goldstone concludes they were collateral damage -- not the intended targets, but people who were in the wrong place at the wrong time.

This "exoneration" of Israel's behavior has Prime Minister Benjamin Netanyahu, Defense Minister Ehud Barak, and their defenders in Israel and the United States crazily dancing in the end zone. You see, they shout, Goldstone lied all along. We didn't kill all these people on purpose. Hooray for us.

These celebrations tell us infinitely more about the Israeli government and its cutouts here than Goldstone's column does about what happened in Gaza.

Imagine if the United States government were forced to admit that it killed hundreds of innocent people in a few days and that hundreds of that number were kids. Does anyone imagine that our government would pat itself on the back because the killings were deemed unintentional?

No doubt, many innocent people have been killed at American hands just as at Israel's in Gaza. But it is hard to recall American officials saying that the discovery that the deaths were unintentional exonerated us. As for victory laps such as those being taken by Netanyahu and Barak, they would be inconceivable here, especially by prominent officials in the government.

The only way Goldstone could really exonerate Israel would be to prove that the hundreds of non-combatant dead, including all those kids, were, in fact, not civilians at all. He would have to prove that they were fighters who were killed while engaging in battle with Israel. Not even the Israelis claim that.

The civilian dead were indeed civilians, and they are still dead. They are dead because the Israeli government decided that taking care not to kill innocents would put more Israeli soldiers in harm's way.

Elections were coming and the Israeli government felt that their public would not tolerate a war that took more than a few soldiers' lives. So the army would bombard targets from afar; if civilians were killed, so what?

The strategy worked. 1,400 Palestinians were killed, compared to about a dozen Israelis. That was a ratio -- almost unprecedented in the history of warfare -- that would not hurt any politican's political standing. (Actually, it suggests that Gaza was not a war at all, but rather an attack by a powerful army against powerless militants and unarmed civilians.)

The jubilation over Goldstone's minor edit is also misplaced because the strong opposition felt in most quarters to the Gaza onslaught had nothing whatsoever to do with whether or not the killings of civilians were intentional, but rather was over the fact that they took place at all.

Even if it could be proven that the United Nations school was destroyed by accident, what difference would it make? It was destroyed. Would Israel exonerate Hamas if it, by accident, hit an Israeli hospital when its target was a nearby army base? It is a distinction without a difference and only the morally bankrupt would point to it with pride.

Furthermore, opponents of the Gaza war were outraged by Israel's actions in Gaza right from the start, not following publication of the Goldstone report. The outrage came when it became clear that Israel was not exercising its legitimate right to defend itself against rocket fire from Gaza by targeting the people launching the missiles but by targeting everyone who lived in Gaza.

Additionally, the whole war was unnecessary. A cease-fire between Hamas and Israel had been in effect for the six months leading up to Israel's decision to invade. Why did it end?

The answer comes from U.S. News, a newsweekly owned by Mortimer Zuckerman, one of the Israeli government's leading defenders in the United States and the former president of the Conference of Presidents of Major American Jewish Organizations.

Why now? Two reasons: the expiration of the Israeli-Gazan cease-fire on December 19 and the Israeli national election coming up on February 10. The six-month cease-fire started coming apart at the beginning of November after Israeli commandos killed a team of Hamas fighters during a raid on a tunnel they suspected was being dug for the kidnapping of Israeli soldiers. That raid set off more Palestinian rocketing which prompted further Israeli attacks. All this prompted Hamas to declare that it wouldn't extend the cease-fire unless Israel lifted its punishing siege of the Gaza Strip, which was imposed after the militant group Hamas was elected to power nearly three years ago.

U.S. News has it exactly right. The cease-fire ended because Israel decided to end it. And then when the rockets started falling, Israel had the pretext it wanted to attack. None of this is surprising; Israeli leaders have never been shy about saying that their goal is not merely ending mortar attacks from Gaza but eliminating the Hamas government (elected, incidentally, in a democratic election forced on the Palestinians by the United States). If that could only be accomplished by mass slaughter in one of the most crowded spots on earth, so be it. The Israeli government is indifferent to the fate of Palestinians and its backers here share that indifference. And it does not matter whether a Palestinian is a terrorist or just a kid.

The bottom line is that Goldstone's edit doesn't matter except to those who defended and still defend this indefensible war. The damage done to Israel's reputation cannot be eradicated. But that is insignificant compared to the pain felt by all those still mourning loved ones killed in the monstrous and illegal Gaza war. So long as the concept of war crime exists, it will apply to the Gaza war of 2008-9, and nothing can change that.

 

Follow MJ Rosenberg on Twitter: www.twitter.com/mjayrosenberg

 
 
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HUFFPOST SUPER USER
Ergon
Man From Atlan
02:07 PM on 04/07/2011
He hasn't retracted his original finding that Israel (and Hamas) had committed war crimes.
Hasbara celebrations seem premature.
04:05 PM on 04/06/2011
"Israel has tried to focus the debate entirely on whether it intended to kill civilians, as though a war crime depends only on intentionality. Israel knows that intention – outside a policy like targeted assassinations – is very difficult to prove."

"[Ms. Rosenberg] pointed out that there were other important standards in international law for assessing war crimes, including negilgence, disregard for the safety of civilians, and indiscriminate use of force."

See: http://www.counterpunch.org/cook04052011.html

This highlights why its unlikely that Judge Goldstone's comments (which it now seems were twisted beyond what he meant by Zionist apologists) will not significantly change the findings or recommendations regarding war crimes committed by the IDF in Gaza.
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HUFFPOST SUPER USER
Galilee
I boycott products from Syria & Gaza dictatorships
03:32 PM on 04/06/2011
"No doubt, many innocent people have been killed at American hands just as at Israel's in Gaza. "

JUST AS? Or lots more?
MJ, why can you NOT put a number on the civilians "killed at American hands"?
You always throw the numbers Hamas has given, why not post the number of those "killed at American hands", is it because it's not "just as at Israel's"?
HUFFPOST SUPER USER
lbsaltzman
Permaculture and Sustainability
03:58 PM on 04/06/2011
We are easily responsible for a 100,000 civilian deaths in Iraq. Don't have a figure on Afghanistan. And let us not forget how many Vietnamese and other South East Asians we slaughtered back in the 1960s.
HUFFPOST SUPER USER
Cynthia Rays
peace in the valley seeker
10:56 AM on 04/06/2011
I heard Judge Goldstone speak on his investigation of war crimes in Bosnia and was very forth coming. When it came time to discuss his report on Gaza, he appeared to be a man who had been told to keep his mouth shut and informed a questioner that his family had been threatened.
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HUFFPOST SUPER USER
Galilee
I boycott products from Syria & Gaza dictatorships
03:37 PM on 04/06/2011
It's nice of you to spread rumors.
10:41 AM on 04/06/2011
What si it with the Israel-Haters?

They ignore the rocket and mortar attacks on civilian areas in Israel.

When they don't ignore them, they say the rockets are ineffectual - killing only 14 peopl, wounding only 400.

Beyond that, they blame Israel for hamas firing rockets on Israel.

They believe that everyone in the wrold has a right to migrate, except Jews.

Israel shouldn't exist therefore Israel should not defend itself in any way. Any attacks on them are deserved.

Unfortunately for the Israel-Haters, most Israelis are beyond caring what you think and they will continue to defend themselves.
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Theatrixnyc
Remember John Lennon:Power To The People!
10:52 AM on 04/06/2011
Jan, you use the word hate too much. You constantly project, and assume a hatred for ALL of Israel by anyone that does not live there. As if everyone that lives in Israel supports all of her actions. They don't. This isn't a bumper sticker "feeling" attached to one issue. It's multi-layerd, and it's not simply a matter of being for or against....any one people, state, or country...Individual issues, one at a time....Also: Please note what happened after 9/11 - anyone who questioned the speed at which we flew into Iraq, or questioned the Patriot Act, we were told that we hated Freedom, and we hated America, and that we were every bit as bad as the people that took down the Towers, FOR US or AGAINST US. Big brush strokes painted, to AVOID REALITY, and shut down the voices of the individuals who might otherwise stand up and say, "Hey, wait a minute...that doesn't make sense..."
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HUFFPOST SUPER USER
JayMonaco
10:55 AM on 04/06/2011
Unfortunately for Israelis, they cannot defend themselves and continue to exist without assistance and permission from their one, solitary backer. Today, they have it. Will they tomorrow?
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StCuthbert
Anytime the mods are ready...
11:10 AM on 04/06/2011
"they cannot defend themselves and continue to exist without assistance and permission from their one, solitary backer."

Evidence?
HUFFPOST SUPER USER
lbsaltzman
Permaculture and Sustainability
12:42 AM on 04/06/2011
Thank you for doing a brilliant and rational analysis of Goldstone's statement. You are correct that what Goldstone said doesn't change thebasic immorality and criminality of what Israel did. I find Netanyahu and Baraks behavior to be completely repugnant.
10:03 AM on 04/06/2011
Goldstone's reprot and semi-rtraction don't chage what Israel did or didn't do, doesn't change the indesicriminate rocket fire from Gaza or anything else.

What Goldstone did do was damage Israel and the israel-haters love that. Truth is not relevant.
HUFFPOST SUPER USER
lbsaltzman
Permaculture and Sustainability
10:11 AM on 04/06/2011
Name calling won't change anything. People hate Israel's behavior not Israel.
09:37 PM on 04/05/2011
Indeed MJ Rosenberg, the difference between unintentional (collateral) death and intentional murder is merely a "minor edit" on the part of the justice. In fact, the only difference between "intentional" and "unintentional" are the letters "UN", which really changes nothing.
Additionally, the difference between "recognizing one's right to exist" and "not recognizing one's right to exist" is probably another "minor edit" as far as you're concerned. Not?
12:35 PM on 04/06/2011
MBW,

The difference is not between "intentional" and "unintentional." The difference is between "intentionally" and "knowingly" and/or "recklessly."

There is nothing "accidental" or "unintentional" about the deaths caused by Israeli conduct in Gaza. That's why most people believe that Judge Goldstone's statement about "intentionality" will not change the main findings/recommendations of the report.

But it is understandable that people are confused, given the concerted and disingenuous efforts of Zionist apologists here and elsewhere trying to morph "knowingly/recklessly" into accidentally or "unintentionally."
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Relpo Miraculous
Psychobiological Anthropology
07:03 PM on 04/05/2011
Palestinian Arabs among world's highest in home ownership rates
From Ma'an:

The vast majority of Palestinians own their homes, living with an average of 1.6 people per room, while those who rent pay an average of 115 Jordanian Dinar ($162) per month, a housing survey found.

Only 0.9 percent of households lived in large manor homes, while 48 percent said they lived in a house, with 50 percent in apartment buildings. Home ownership in the West Bank was at 82 percent, and at 87 in Gaza.

Ninty-seven percent of homes had refrigerators, 94 percent had satellite dishes, and 47 percent have computers.

This would make the PA #2 in the world in the category of home ownership, and Gaza would be tied for #1 with Singapore.

Israel's home ownership rate is 71%. The US is at 68%.

I think we need to give them a few billion more dollars. After all, only 0.9% live in "large manor homes."

I also wonder how they define "large manor homes." Because from a drive through Judea and Samaria, one can see many large Arab houses. Do those qualify?

http://elderofziyon.blogspot.com/2011/04/palestinian-arabs-among-worlds-highest.html
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GZLives
12:35 AM on 04/06/2011
94% of the Palestinians have satellite dishes and the vast majority own their own homes ?
That's one brutal occupation
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Nwo2012
Sue me, I boycott products from the settlements
02:07 AM on 04/06/2011
Inane.
10:07 AM on 04/06/2011
There are pictures on the Internet of the markets of Gaza filled with food, electronics and merchandise.

There are 4-star hotels along the beach.

There are many new cars in Gaza as well.

What you can't find are pictures of fly-covered starving babies, almost naked with distended stomachs like you see in starving regions of Africa. However, we keep hearing that the people of Gaza are starving, dying without medical help, no electricity, no water, sewage flowing down the streets.
JacksonJones
Absit iniuria verbis!
05:17 PM on 04/05/2011
Anyone, including the author, Mr. Rosenberg, pretending that there isn't a large difference between the original charge of intentional targeting of civilians and what Mr. Goldstone says now, i.e., that the deaths occurred in the course of fighting Hamas, is being VERY dishonest.

Mr. Rosenberg ought to be ashamed at himself for trying to foist that one off on his readers.
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Relpo Miraculous
Psychobiological Anthropology
03:51 PM on 04/05/2011
Mr. Rosenberg now thinks he knows more than Mr. Goldstone:

'Goldstone says he'll work to nullify report in UN'
http://www.jpost.com/DiplomacyAndPolitics/Article.aspx?ID=215275&R=R1

It is time for your retraction Mr. Rosenberg.
Is their love in your heart for the State of Israel too?
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Nwo2012
Sue me, I boycott products from the settlements
04:53 PM on 04/05/2011
There is no process that allows Israel to do that
09:44 PM on 04/05/2011
Ahem. Care to read that JPOST article again?

After all, anyone who accepts without question a claim that amounts to nothing more than "Yishai says that Goldstone said that he'll work to nullify the report....." is gullible in the extreme.

Excuse me for wanting to hear it from Goldstone himself because, in all honesty, I trust Yishai about as far as I can throw the dude....
09:33 AM on 04/06/2011
Actually, Goldstone has DENIED that he'll pursue a nullification.
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kevrob
World's biggest "Xanadu Soundtrack" fan.
03:30 PM on 04/05/2011
In reading his collection of articles on the subject, I'm convinced that Mr. Rosenberg is cheering for Hamas.
 
I've come to this conclusion based on the fact that he can be presented with any amount of unbiased evidence, and he simply ignores it.
 
He feels better when his information is biased (a attribute of most ideologues).
 
I'm going to send him a checkered Khafeya to make him feel better about what is clearly devastating news about Goldstone's recantation.
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MarcEdward
likes all cats more than most people
03:34 PM on 04/05/2011
Can't refute the message to you attack the messenger. 
You have no argument.
FAIL
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kevrob
World's biggest "Xanadu Soundtrack" fan.
03:54 PM on 04/05/2011
Hi Marc,
 
I notice you a lot on I/P threads.  You must be devastated as well, mainly to find out that Hamas can't use Goldstone's original study as a reason to harm innocent women and children.
 
After all, Hamas is well known for their compliance to International law when it comes to armed engagement, right?
 
Sorry for your disappointment.
HUFFPOST SUPER USER
Fractal122635
11:08 PM on 04/05/2011
MJ Rosenberg's entire career is Israel bashing. He needs no attacking as his bias, just as his paycheck, is self evident.
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GZLives
12:40 AM on 04/06/2011
"I'm convinced that Mr. Rosenberg is cheering for Hamas."
Clearly
03:04 PM on 04/05/2011
Palestine from 1947 was supposed to have been divided into a Jewish state and a Palestinian state. It begins to start to look like that the Israelis seem to want to wipe off the Palestinian majority off the map in the area there, without saying it, like so many other intentions and actions that are never claimed. Palestinian organizations would do well in stopping claiming any intention as well.
JacksonJones
Absit iniuria verbis!
05:18 PM on 04/05/2011
If that were so, they'd have done so long ago. They certianly had the means and the opportunity to do so, which makes me think they lack the motive that you ascribe to them.
HUFFPOST SUPER USER
Fractal122635
11:13 PM on 04/05/2011
Gee. Actually there was NO Palestinians then, other than the Jews, who Britain referred to as the Palestinians (check the former name of the Jerusalem Post), or any British newspaper, movie, etc from that period.

There was supposed to be an Arab Nation, which became Jordan, and Israel, which was to include the Golan, the Sinai, and extend from the Jordan River to the Mediterranean.

That fell by the wayside. Even then, in 1948, when the new state was created on a tiny fraction of the original land proposed, Israel said yes, the ARABS (not Palestinians) said no, and declared war.

It was not until the 1960's that there was any mention of "Palestinian" and that was only as a result of the Black September massacre committed by King Hussein on his Sunni majority to protect the Hashemite supremacy in Jordan.

Even more, there was NEVER any agitating for the West Bank and Gaza when those lands were under Egyptian and Jordanian occupation (that was occupation since they were governed by, had military authority, etc, as opposed to today with Israel).
09:39 AM on 04/06/2011
Map of Palestine 1020 BCE:

http://www.mapsorama.com/palestine-in-11th-century/

Map of Palestine 1530 CE:

http://www.mapsorama.com/map-of-palestine-in-16th-century/

Reportage of Palestinian agriculture during the 1800s:

As far back as 1615, the English poet George Sandys found Palestine to be "a land that flowed with milk and honey; in the midst as it were of the habitable world, and under a temperate clime; adorned with beautiful mountains and luxurious valleys; the rocks producing excellent waters; and no part empty of delight or profit."

Englishwoman Lady Hester Stanhope who was in Palestine in 1810: "The luxuriance of vegetation is not to be described....Fruits of all sorts from the banana to the blackberry are abundant. The banks of the rivers are clothed naturally with oleander and flowering shrubs.... [The Arab orchards near Jaffa] contained lemon, orange, almond, peach, apple, pomegranate and other trees."

In 1859, a British missionary described the southern coast of Palestine as "a very ocean of wheat...the fields would do credit to British farming."

While visiting Palestine in 1883, Englishman Laurence Oliphant described the Plain of Esdraelon at Acre as being "...in a high state of cultivation. It looks today like a huge green lake of waving wheat, with its village-crowned mounds rising from it like islands and it presents one of the most striking pictures of luxurious fertility which it is possible to conceive."
12:35 PM on 04/05/2011
One thing I dont get. Was it really worth it for Israel to kill 1400 people (300+ kids).
They are no more secure, their international reputation is in shambles, they are no closer to peace.
I find that Hamas and Israeli Israeli leadership to be equally idiotic.
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HUFFPOST SUPER USER
StCuthbert
Anytime the mods are ready...
01:32 PM on 04/05/2011
What would  you have done, in Israel's position?
01:39 PM on 04/05/2011
I would look for a long term solution. Not the continous back and forth. What has that solved? Hamas is still in power , 1400 dead Palestinians and civilians in Israel are still living in fear.
Note that I believe Hamas is equally idiotic, regardless of their argument that Israel started this or that. Their rockets only brings out the ugliness of the IDF and everyone knows that IDF has no mercy. Their rockets will not make Israel change her inhumane policies towards the people of Gaza
09:39 AM on 04/06/2011
Accepted the peace plan that 140 nations are offering.
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01:53 PM on 04/05/2011
It was a political decision-see elections.
05:41 AM on 04/06/2011
that is exactly what it was about . . who could appear to be the most macho miltaristic leader
12:26 PM on 04/05/2011
Ok putting aside the bombs, if I recall, didn't these IDF criminals use a kid to open up bags in case they were booby traps. Yeah, Israel investigated and you know what, they got a demotion. Thats right a demotion.
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Nwo2012
Sue me, I boycott products from the settlements
01:27 PM on 04/05/2011
The IOF appealed against an Israeli court decision that banned them from using Palestinian kids as human shields.

They APPEALED. They're morally bankrupt.

http://news.bbc.co.uk/1/hi/world/middle_east/4333982.stm
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HUFFPOST SUPER USER
Relpo Miraculous
Psychobiological Anthropology
03:54 PM on 04/05/2011
Correct. The Palestinians are morally bankrupt.
10:25 AM on 04/06/2011
Putting aside the rockets and mortars, didn't Palestinains dress their children in bomb vest to go out to kill and die?

A mother won a seat in the Gaza parliament with the aid of video showing how she sent 3 sons out in suicide vests telling them "Good bye. Don't come home".
Thelonius
Lived in Middle East for
12:12 PM on 04/05/2011
Must watch video:

Samouni Family Responds to Justice Goldstone Backtrack on Israeli War Crimes:

http://www.gilad.co.uk/writings/ken-okeefe-samouni-family-responds-to-justice-goldstone-back.html