Read Goldstone's Report on Gaza

Who is afraid of Richard Goldstone? No one should be. Not even the U.S. Congress — yet it is poised on Tuesday to condemn the United Nations Human Rights Council’s Goldstone report on violations of international law related to the Gaza war of late 2008.

Why the fear? Judge Goldstone is no Israel basher. He is famous for apprehending Nazi criminals in Argentina, for serving as chief prosecutor for the U.N. International Criminal Tribunals and for chairing the Independent International Commission on Kosovo. He is motivated by his struggle against apartheid in South Africa. A self-described Zionist, he serves as a trustee of The Hebrew University of Jerusalem and has said that “bringing war criminals to justice stems from the lessons of the Holocaust.”

At the outset, note that four sections of the Goldstone report deal with abuses by Hamas, including the launching of rockets into civilian towns in Israel. The report explicitly states that these rocket attacks are war crimes.

Yet despite Goldstone’s stellar reputation, the veracity of the report — and his motives — has been challenged. The detailed Goldstone report concludes that “the Israeli military operation was directed at the people of Gaza as a whole, in furtherance of an overall and continuing policy aimed at punishing the Gaza population, and in a deliberate policy of disproportionate force aimed at the civilian population.”

I agree with my congressional colleagues — and with Goldstone — that the initial U.N. resolution of Jan. 12, 2009, calling for an investigation of abuses committed during the Gaza crisis was one-sided, focusing exclusively on Israel. That resolution was used by some countries to criticize Israel without acknowledging the abuses by Hamas. Goldstone initially refused to lead the investigation because of the original flawed mandate.

But Goldstone pushed back. He succeeded in expanding the scope of the mission to include an examination of the actions of both Hamas and Israel. 

Israel, however, refused to cooperate with the investigation because of the original “one-sided mandate.” What if Israel had participated from the beginning? It could have pointed out that the U.N. Human Rights Council has a history of unfairly singling out Israel for criticism. It could have described Hamas’s abuses, and it could have elaborated on the context of the Israeli invasion of Gaza, which includes a long history of attacks on civilians. Israel could have observed the difficulties of combat in urban areas. But instead, Israel condemned the effort and then attacked the final product.

I visited Sderot in southern Israel and saw the havoc and trauma created by Hamas rocket fire. Israelis there live with fear. I have condemned these attacks as war crimes and will continue to do so.

I also visited Gaza and witnessed the devastation wreaked by the recent war. I toured an American school and medical clinics devastated by Operation Cast Lead. A blockade keeps out items such as paper for textbooks and nutritious food. Gazans live in poverty, and most cannot drink their own water. These are cruel violations against the people of Gaza, 56 percent of whom are children.

The Goldstone report does not assign blame. It lays out the facts, as best as Goldstone could ascertain them, and offers recommendations for the future. Congress should use this report as a resource to understand a critical part of the world and to grasp fully the devastating human costs of the status quo.

Instead, Congress is poised to oppose the Goldstone report without holding a single hearing on a document that few members of Congress, if any, have read.

This is a mistake. The stance of this Congress will erode U.S. credibility in the post-Obama world, and it will tarnish our commitment to the principle that all nations must be held to the same standards. Rather than undermine the report or Goldstone, we are at risk of undermining Congress’s and President Barack Obama’s reputation as honest brokers.

Israel can still pursue its own investigation, and critics of the Goldstone report should recognize that Israel is strong enough to withstand inquiry. Self-reflection is one of the hallmarks of a strong democracy. In fact, Israel has investigated itself in the past in connection with the Sabra and Shatila incidents. When nations like the United States, Israel, South Africa and others have pursued the truth through investigations — however uncomfortable — their people and politics have emerged stronger.

We stand for the values of democracy, truth and justice. There is no reason for Congress, Israel or any other party to fear an honest judge. Richard Goldstone is such a judge, and his report should be studied, not dismissed.

 

Follow Rep. Keith Ellison on Twitter: www.twitter.com/keithellison

Comments

[alexa07]

Why is the US Congress is proving itself once again to the entire world how it is sadly inept, ridiculously & foolishly one-sided in this conflict. Hopefully, many around the world will not judge the American people likewise because many of us object 100% to how our elected reps from both political parties have voted to give cover for war crimes. Keith Ellison is one of the few exceptions; his integrity shines out among the many who are tarnished with corrupt self-interest & cowardice.

[Macready]

Thank you so much for posting . . . no one should be afraid of the Goldstone Report . . . but the israeli's are and most of our Congressmen appear to be . . the israeli's refuse to look in the mirror and our craven Congress supports whatever they do it seems .. .even when they don't read the report they still kow tow to their AIPAC paymasters . . they seem to work harder for israel than for the American taxpayers . . . thank you for your courage and integrity . . .

Both israel and Hamas have to be held accountable for their crimes, international law must be upheld . .. . or the peace process will crumble . . and it will be America's fault

[bbsnews]

The Goldstone Report really won't go away now. It is going to haunt members of Congress until the end of their days that they voted in favor of squashing war crimes and crimes against humanity,

Only the most extreme ideologue could read the full report and come away with the impression that it was one sided or it unfairly singled out Israel.

This was never about "self-defense" as has been claimed. This is all about punishing Gazans for two things. First electing Hamas, and second collectively punishing each and every civilian in Gaza for the capture of IDF soldier Gilead Shalit, caught when his unit was napping on guard duty.

And those that compare the US military to the IDF should be ashamed. Our military does not shoot civilians carrying white flags.

The US Congress has not only damaged itself and the peace process, it has also embarrassed itself by squashing the Goldstone Report to protect a "friend" - it completely lets off the hook Palestinian militant groups for war crimes and possible crimes against humanity.

[bermanator]

OMG! Is it really you?! From JPost?!

[Fireslayer]

Does anybody know how many people the Israeli government employs and how much they spend to censor and tilt blogs like this so they can control the spin and cancel criticism?

[lkatzenberg]

Fireslayer, check this out: http://www.timesonline.co.uk/tol/news/world/middle_east/article693911.ece

Apparently, these pro-Israel types have now been christened GIYUS - you will like this blog that explains further about these small-minded cyber warriors who lurk and post the same kind of propaganda all over the internet. So here are ten tips for dealing with GIYUS: http://netherworld.wordpress.com/2006/11/12/ten-tips-for-dealing-with-giyus/

Enjoy :-)

[abpnwl]

I'm afraid Obama is to weak and naive to solve this problem of Middle East Peace. Everyone know the solution. He just doesn't have enough courage to make it happen. The parameters of Middle East Peace are already in place.

A land swap for Israeli settlements close to the 1967 borders, for land making the Palestinians contiguous between Gaza and the West Bank. A settlement of Palestinian refugees in the new Palestinian State. And the Arab parts of East Jerusalem for the Palestinians as their capital.

If America was serious about peace, they would introduce this, with the backing of the entire international community including the Arab States.

I'm tired of this charade by Obama, and all previous administration about getting peace in the Middle East, when if they really wanted to make it happen, America could make it happen. If anything we have been an impediment to peace. The E.U. has already suggested this idea, and possibly imposing it on the the two parties if they continue to stall. But America is incapable of being an honest broker!! And it is hurting the Palestinians, the Israelis, and the entire world.

[abpnwl]

Force is the only thing that wins out in The Middle East.

The First Intifada and the Second Intifada had considerable gains for the Palestinians. The Palestinians gained the recognition of the PLO, the end of the Jordanian solution, and become internationally seen as worthy of their own state. The end of The Second Intifada is generally seen as the withdrawal of Israeli settlers for the Gaza Strip. Now Hamas is working on Prisoner exchanges for an Israeli Soldier. ( Hamas already gained the release of 20 female prisoners from Israel for a video showing the Israeli Soldier alive. )

Meanwhile Abbas is weakened considerable over settlements, and trying to delay the Goldstone Report for Obama.

This is a common theme in Israeli/Palestinian conflict (Militancy is often rewarded, and Moderates humiliated) The U.S. consistently being unable to be an honest broker. In fact this time bordering on incompetency. Obama has managed to alienate both the Arabs and the Israelis. I'm afraid he is being lead by the same people that failed under the Clinton Administration!!

[lkatzenberg]

I applaud you, Congressman Ellison, for your exceptional candor and bravery in defending a very important, timely report that the entire international community supports - with the exception of most of the US Congress and most of the Israeli Knesset.

Please don't be deterred by the comments of knee-jerk Israel supporters like "Moshe Dayan Hero" who is posting criticisms in a frenzy. People like him are terribly frightened by the idea that Israel will be forced to look into a mirror, only to find that it has morphed into a monster that has no value for human rights and dignity, unless it is Jewish life and dignity. There is no state more racist than this one. And its war crimes must be investigated if the US is to have any credibility in the Mideast any longer.

Thank you for shining a light on this issue - it must be hard to take this stance in the US Congress right now. A modern hero - how rare that is!

[MosheDayanHero]

I noted that you were incapable of refuting a single one of my statements. Therefore, i assume my statements are correct.

[alexa07]

If you want your posts to be read, regarded seriously, you have have to adopt a respectful tone or you lose your audience. Self congratulatory declarations tend to be disregarded.

[lkatzenberg]

You know what they say about "assuming," right? :-) If the shoes fits MDH...

[MosheDayanHero]

Eyewitness report from a highly respected German magazine Der Spiegel:

In the Gaza Strip people are returning home -- or to the rubble that was once their home. Many are blaming Hamas for the destruction because the militants hid among civilians and attracted Israeli fire. Yet no one dares to speak out openly.
Mohammed Sadala's rage is aimed at the man, whose remains he found in his bedroom: a Hamas fighter... The Hamas men shot at the approaching Israelis from the balcony....
One of his neighbors weighs in: "Many people are now against Hamas but that won't change anything," he says. "Because anyone who stands up to them is killed."
...The reign of terror will go on for some time, says the neighbor who doesn't want to give his name. "There will never be a rebellion against Hamas. It would be suicide."
http://www.spiegel.de/international/world/0,1518,603203,00.html

Goldstone report has found NO evidence of this taking place.

How hard did they look? Not very.
How objective is the report--Not very.

[lkatzenberg]

Nervous, are you?

Goldstone says:

"the following grave breaches of the Fourth Geneva Convention were committed by Israeli forces in Gaza: willful killing, torture or inhuman treatment, willfully causing great suffering or serious injury to body or health, and extensive destruction of property, not justified by military necessity and carried out unlawfully and wantonly."

WANTONLY. Yes, the Jewish state did that. That victim game falls on deaf ears these days MDH, and there's nothing that scares the state of Israel more than the idea that it cannot use victimhood to justify its existence any longer.

The Report continues: "The repeated failure to distinguish between combatants and civilians appears to the Mission to have been the result of deliberate guidance issued to soldiers, as described by some of them, and not the result of occasional lapses." Furthermore, "There were almost no mistakes made according to the Government of Israel. It is in these circumstances that the Mission concludes that what occurred in just over three weeks at the end of 2008 and the beginning of 2009 was a deliberately disproportionate attack designed to punish, humiliate and terrorize a civilian population."

Goldstone uses this word - TERRORIZE. Imagine that. Israel is a terrorist state. Get used to it - that's what most folks around the world think - here in the US we are too bamboozled by our myopic media to understand this, but fortunately that tide is turning.

[MosheDayanHero]

Amnesty International report quote:
The campaign began shortly after the beginning of the three-week Israeli military offensive against the Gaza Strip on 27 December 2008 and continued after a ceasefire took effect on 18 January 2009.
There is incontrovertible evidence that Hamas security forces and armed militias have been responsible for grave human rights abuses and that the victims of such abuses and many others are being intimidated and discouraged from testifying about their ordeal.
The Hamas de-facto administration has displayed a flagrant disregard for the most fundamental human rights norms not only allowing such abuses to be perpetrated, but actually facilitating and encouraging the abuses by justifying them and by granting absolute impunity to the perpetrators."

http://www.amnesty.org/en/library/asset/MDE21/001/2009/en/9f210586-f762-11dd-8fd7-f57af21896e1/mde210012009en.html

Goldstone report did not find a SINGLE instance to corroborate Amnesty International finding.
Conclusion: How hard did they look?-- Not very.

[Fireslayer]

As a member of Amnesty International since 1973 I can say that, yes Amnesty International takes a dim view of Hamas.

But that same link will also help link one to some very critical findings regarding Israeli human rights violations starting with the very existence of the illegal occupation of the West Bank.

Thanks for providing the link.

[MosheDayanHero]

Time magazine report:
"Hamas had hoped to draw Israeli forces into hand-to-hand combat in the narrow warrens of Gaza's densely populated cities and refugee camps,
the Israelis appear instead to be heading for the high ground, looking to seize strategic hilltops that would allow them to better control those parts of Gaza in which Hamas fighters are mingling with the civilian population."
http://www.time.com/time/world/article/0,8599,1869441,00.html

The Goildstone commission found ZERO evidence of this. Did they look?

[Fireslayer]

Site one single instance where Time Magazine was even the slightest critical of Israel and the next beer is on me.

[MosheDayanHero]

A.Many members of Congress justly consider a report which failed to find A SINGLE violation by Hamas during CastLead not worth the paper it is written on.

B.People who are willing to discuss the subject objectively would point out that Mr. Goldstone made inclusion of pre-Cast Lead Hamas violations a pre-condition to his participation.
And voila, these were the ONLY violations included in the report! Quite a coincidence!

[MosheDayanHero]

Proposition: Goldstone report is baised by exclusion.
Proof:
Legitimate news reports from BBC to Izvestia to CNN PA TV were filled with eyewitness reports of Gazans: 1.Firing from residential buildings, near schools and UN compounds: 2
2 Forcing civilians to form mass human shields on top and near buildings.
3. Forcing civilians and children to form human shields around Hamas leaders' houses,

Therefore, Goldstone's inability to find a SINGLE case of the above mentioned makes the report beyond credible.

[lkatzenberg]

I don't think you understand that the reason these videos and claims are not taken seriously is because there is NO evidence that there is any truth behind these allegations. Just because Israel says something, that does not make it true. When that penny drops, maybe a lot more will be clear to you.

[alysheba 3]

Sir I hope this comment is first because it will be seen before the bashing starts, using your religion as a base for that decision by many, whether they admit it publicly or not.

I congratulate you on your honesty. I hope, as a rebuttal today, you will read the letter sent to Congress by Judge Goldstone. It is bad enough that the US Congress continues to shield Israel, but to attack the integrity of a man known and respected world wide for his belief that all humans are equal.

[Macready]

totally agree with your alysheba3 . . great blog