Category Archives: Goldstone Report

US House rejects Goldstone report

Congressman Brian Baird (D-WA) told Al Jazeera: “The resolution [HR867] itself, I don’t think accurately characterizes the Goldstone report itself. It certainly doesn’t accurately characterize, nor does it really attempt to characterize, the reality on the ground and the devastation and death that occured there. And nor does it speak at all to the suffering of the Palestinian people or what needs to happen to try to move this situation forward. And I am concerned not only about that but about the general issue of what we can do proactively to get more relief to the people in Gaza in need immediately and what we can do to try to move the peace process forward, and that includes in my judgment, cessation of settlement expansion and moving towards real progress on the ground — tangible progress.”

Congressman Dennis Kucinich (D-OH) made the following statement on the House Floor about H. Res 867, which condemns the ‘Goldstone Report’ or the Report of the United Nations Fact Finding Mission on the Gaza Conflict:

“Today we journey from Operation Cast Lead to Operation Cast Doubt. Almost as serious as committing war crimes is covering up war crimes, pretending that war crimes were never committed and did not exist.

“Because behind every such deception is the nullification of humanity, the destruction of human dignity, the annihilation of the human spirit, the triumph of Orwellian thinking, the eternal prison of the dark heart of the totalitarian.

“The resolution before us today, which would reject all attempts of the Goldstone Report to fix responsibility of all parties to war crimes, including both Hamas and Israel, may as well be called the “Down is Up, Night is Day, Wrong is Right” resolution.

“Because if this Congress votes to condemn a report it has not read, concerning events it has totally ignored, about violations of law of which it is unaware, it will have brought shame to this great institution.

“How can we ever expect there to be peace in the Middle East if we tacitly approve of violations of international law and international human rights, if we look the other way, or if we close our eyes to the heartbreak of people on both sides by white-washing a legitimate investigation?

“How can we protect the people of Israel from existential threats if we hold no concern for the protection of the Palestinians, for their physical security, their right to land, their right to their own homes, their right to water, their right to sustenance, their right to freedom of movement, their right to the human security of jobs, education and health care?

“We will have peace only when the plight of both Palestinians and Israelis is brought before this House and given equal consideration in recognition of that principle that all people on this planet have a right to survive and thrive, and it is our responsibility, our duty to see that no individual, no group, no people are barred from this humble human claim.”

Israel preparing public for a new war in Gaza

Maj. Gen. Amos Yadlin, director of Military Intelligence, announced Tuesday that Hamas launched a rocket some 60 kilometers into the sea, apparently as an experiment. Such a rocket, if fired from the northernmost point of the Gaza Strip, could strike the southern cities of the Gush Dan area – including Rishon Letzion, Holon and Bat Yam – and possibly reach as far as Tel Aviv itself.

Although Yadlin didn’t specify the type of the weapon used, it appears to be a standard, foreign-made rocket smuggled into Gaza. Yadlin told the Knesset Foreign Affairs and Defense Committee that Hamas has accumulated an arsenal of rockets slightly larger than the arsenal it possessed before last winter’s Operation Cast Lead.

The experiment hardly caught Israeli intelligence by surprise, as it had assumed Hamas had acquired a similar type of rocket several months ago. However, the importance of Yadlin’s report should not be underestimated as this is the first tangible piece of evidence that Hamas holds a weapon capable of striking Gush Dan. It would seem Hamas has used the lull in fighting with Israel to not only restore, but improve its capabilities. Still, and similar to Hezbollah, restoring the arsenal hardly testifies to restoring motivation to confront Israel militarily. [continued…]

Editor’s Comment — How can you tell when an Israeli official is lying? You can see his lips moving.

I know, an old joke, but really: are we supposed to believe this?

With international attention focused on today’s debate on the Goldstone report taking place in New York at the UN General Assembly, Hamas decides to try out one of its shiny-new rockets from Iran. That’s sure to steer the debate in Hamas’ favor!

Then there’s the dubious concept of missile testing in this context. One would assume that missiles constructed in Iran have undergone very thorough testing in Iran. “Testing” them in Gaza would simply mean depleting the inventory.

Haaretz says: “Israel believes Hamas considers the new rocket a strategic asset, a ‘doomsday weapon’ of sorts, and therefore avoided publicizing the experimental launch, in the hope of using the weapon as a surprise during some later confrontation.”

Wouldn’t a more effective way of maintaining the element of surprise be to skip the “test”?

Before the war on Gaza, Israeli hawks kept on saying that Hamas could not be trusted to maintain a truce and that it was building up its stockpile of longer-range missiles. Then Israel attacked and the long-range missile threat never materialized.

If Hamas really had such an arsenal, why didn’t it use it?

Were they afraid that Israel would abandon its “restraint”? Were they afraid that Israel might use disproportionate force?

U.S. reins in its expectations for Middle East peace talks

The Obama administration is scaling back its ambitions for the Arab-Israeli peace process, focusing on maintaining some degree of low-level dialogue in the face of big divisions between the two sides.

U.S. officials began outlining Washington’s diminished expectations as Secretary of State Hillary Clinton completes a one-week tour of the Middle East on Wednesday. She had tried to kick-start a new round of talks during stops in Israel and Arab capitals, but the divisions proved too wide to bridge.

Israeli Prime Minister Benjamin Netanyahu has refused U.S. calls for a complete freeze of settlement activity in the West Bank and East Jerusalem, and the Palestinians have ruled out resuming negotiations without the freeze.

Mrs. Clinton subsequently pressed Arab leaders to agree to support talks with just a partial Israeli freeze. But barring that, U.S. officials said all sides might be forced to accept a lower level of engagement in the talks to guard against a new round of violence in the Palestinian territories.

There is a fear that militant groups, such as Hamas in the Palestinian territories and Hezbollah in Lebanon, could use a political vacuum to spark renewed violence.
More on Mideast Peace Talks

“There’s value in having the process” in itself, said State Department spokesman P.J. Crowley on Tuesday. In a sign of the administration’s changing focus, Mr. Crowley added: “If this particular path, we think, can’t get us there, we’ll look for others.” [continued…]

‘Jewish terrorist’ suspected in murder blamed on Palestinians

Police suspect that Yaakov (Jack) Teitel, who has confessed to murdering two Palestinians and carrying out a long list of other, less deadly, terror attacks, also murdered two traffic policemen in the Jordan Valley eight months ago – a crime originally attributed to Palestinian terrorists.

Haaretz reported on Tuesday that police suspected Teitel of other murders in addition to those of the two Palestinians, but at the time, a gag order was still in place that prevented specifying which murders.

The policemen, Warrant Officer David Rabinowitz and Senior Warrant Officer Yehezkel Ramzarkar, were shot while sitting in their patrol vehicle near Moshav Massua. The subsequent investigation indicated that the assailant had lain in wait at the turn-off from the main road to Massua and did something to make them stop and roll down their window. He then shot them from point-blank range. No damage was done to the vehicle, and nothing was taken from it.

Teitel denied responsibility for these murders, and it not clear what evidence the police have against him. But a police source said yesterday that Teitel’s modus operandi in the crimes he has admitted to “precisely matches” that of the policemen’s murder.

The police and the Shin Bet security service have long assumed that the policemen’s killer acted alone, and not as part of an organization, making it difficult to get information about the crime. And while the police considered the possibility that the murder was criminal rather than the work of terrorists, three different lines of inquiry had drawn blanks, leaving investigators utterly in the dark. [continued…]

Facebooktwittermail

Congressman speaks out in defense of the Goldstone report

Baird on HR 867: ‘This is about whether it is right to restrict the movements and hopes of more than 1 million people every single day’

From the great Congressman Brian Baird, the clinical psychologist who represents Rachel Corrie’s district in Washington, and who has been to Gaza, warning his fellows about the vote today on a resolution to condemn the Goldstone report:

Before House Members vote on H.Res. 867, regarding the U.N. Goldstone report on the Gaza conflict, there are a few questions worth asking.

First, why are we bringing this resolution to the floor without ever giving former South African Constitutional Court Justice Richard Goldstone a hearing to explain his findings? Have those who will vote on H.Res. 867 actually read the resolution? Have they read the Goldstone report? Are they aware that Justice Goldstone has issued a paragraph-by-paragraph response, available on my Web site at baird.house.gov, to H.Res. 867 pointing out that many of its assertions are factually inaccurate or deeply misleading?

Since scarcely a dozen House Members have actually been to Gaza , what actual firsthand knowledge do the rest of the Members of Congress possess on which to base their judgment of the merits of H.Res. 867 or the Goldstone report? [continued…]

Facebooktwittermail

America, stop sucking up to Israel

America, stop sucking up to Israel

Now is the time to say to the United States: Enough flattery. If you don’t change the tone, nothing will change. As long as Israel feels the United States is in its pocket, and that America’s automatic veto will save it from condemnations and sanctions, that it will receive massive aid unconditionally, and that it can continue waging punitive, lethal campaigns without a word from Washington, killing, destroying and imprisoning without the world’s policeman making a sound, it will continue in its ways.

Illegal acts like the occupation and settlement expansion, and offensives that may have involved war crimes, as in Gaza, deserve a different approach. If America and the world had issued condemnations after Operation Summer Rains in 2006 – which left 400 Palestinians dead and severe infrastructure damage in the first major operation in Gaza since the disengagement – then Operation Cast Lead never would have been launched.

It is true that unlike all the world’s other troublemakers, Israel is viewed as a Western democracy, but Israel of 2009 is a country whose language is force. Anwar Sadat may have been the last leader to win our hearts with optimistic, hope-igniting speeches. If he were to visit Israel today, he would be jeered off the stage. The Syrian president pleads for peace and Israel callously dismisses him, the United States begs for a settlement freeze and Israel turns up its nose. This is what happens when there are no consequences for Israel’s inaction. [continued…]

Justice Goldstone and the Jews

We Jews should be very proud of Richard Goldstone. In an ancient tradition of Jewish self-questioning and uncomfortable truth-telling, the author of the recent report from the UN Fact Finding Mission on the Gaza Conflict has braved personal vilification and institutional mendacity to describe the crimes committed by Israeli forces in the course of their invasion of Gaza in December 2008.

To be sure, the Goldstone Report also itemizes the crimes of Hamas, notably in its campaign of rocket-firing into Israel. But the scale of human rights abuses by Israel vastly outdoes anything Hamas could hope to have achieved: Israeli civilian victims of Hamas rocket attacks numbered less than ten. The attack on Gaza by the IDF resulted in at least 1,100 Palestinian civilian deaths. The major perpetrator of human rights abuses in this conflict is without question the State of Israel, and Justice Goldstone records as much.

That the Israel of Benjamin Netanyahu has chosen to conduct an international campaign against Justice Goldstone and his report need not surprise us. Israel refused to cooperate with the UN investigation; long before its conclusions were published, Netanyahu had set in motion a campaign to deny and denigrate them. More dispiriting, and of greater political consequence, is the pitiful and humiliating response of the Obama Administration. The “fierce urgency of now” apparently required that Washington join Tel Aviv in discrediting the Goldstone Report, and with it the UN inquiry. [continued…]

Israel wants to seek, not have, peace with Syria

It’s hard not to marvel at Defense Minister Ehud Barak’s rhetorical skills, how he constantly invents a new way – an original expression – to not say anything. Last week he described Syria as a “central brick in any stable peace agreement.” But there will be no peace with Syria because Israel, according to Barak, “has sought in the past and will continue to seek in the future ways to advance peace with Syria.”

Still, Syria will certainly earn a few more terms of endearment, maybe even move up from “central brick” to “cornerstone,” and if it behaves itself, “linchpin.” Who knows, Syria may even win the gold and become the “bedrock” of a stable peace agreement. But because Israel is so busy seeking ways to advance peace with Syria, there will be no peace. [continued…]

Gas from Gaza, mobile phones in Palestine and a $1m peace prize …Tony Blair and the Middle Eastern Eldorado

… a Mail on Sunday investigation reveals that [Tony Blair] has been mixing business with Middle East politics since the early years of his premiership and that, since becoming a part-time peace envoy on leaving office in 2007, he has exploited his superb contacts to pursue a multi-million-pound fortune.

Some of the most potentially lucrative of those relationships can be traced back to that BG Gaza gas deal – connections that helped pave the way to the opening up of the Arab world’s new Eldorado, the colossal and mostly untapped wealth of Colonel Gaddafi’s Libya.

‘In Arabic, there is a special word – “eghtina”,’ said Khadr Musleh, a political analyst in the Palestinian West Bank capital, Ramallah.

‘It means “self-enrichment through public office”. It doesn’t imply anything illegal and in the Middle East it’s considered totally normal. Yet it is a little surprising to see a former British Prime Minister and international peace envoy behaving in the same way.’

Blair’s Middle East-focused business career has been a triumph. The access to the region’s rulers conferred by his position as an ex-PM and peace envoy must have huge attraction for potential clients of Tony Blair Associates, the secretive ‘consultancy’ that does not publish accounts which he runs with Jonathan Powell, his former Downing Street chief of staff. Its first clients are two of the world’s richest families – the royals of Kuwait and Abu Dhabi.

Tony Blair Associates is modelled on Henry Kissinger Associates, an outfit led by President Nixon’s former Secretary of State. Fittingly, perhaps, Kissinger was on the jury that awarded Blair the $1million Dan David Prize earlier this year, the ‘Israeli Nobel Prize’. Like Blair, Kissinger is employed by American bank JP Morgan. The citation praised Blair’s ‘exceptional leadership’ and ‘moral courage’.

Blair has promised to give most of the prize to his Faith Foundation, a charity set up to promote religious understanding. Thanks to his lucrative contract to advise JP Morgan for a salary of £2million a year, he does not need the money. [continued…]

Prosecutor: top scientist Nozette admitted actual spying for Israel

Did a federal prosecutor just make the inflammatory accusation that top government scientist Stewart Nozette has admitted to giving classified information to the Israeli government?

By our reading of this AP story, that’s exactly what happened at a hearing in U.S. district court in Washington yesterday.

Nozette is accused of attempted espionage for allegedly selling classified information to an FBI employee posing as a Mossad agent. But the Feds have explicitly said that Israel is not accused of any wrongdoing. [continued…]

Facebooktwittermail

Goldstone vs US House of Representatives

Goldstone vs US House of Representatives

“We were disturbed by the lethality and toxicity of weapons used in Gaza, some of which have been in Western arsenals since the Cold War, such as white phosphorous, which incinerated 14 people, including several children in one attack; flechettes, small darts that are designed to tumble upon entering human flesh in order to cause maximum damage, strictly in breach of the Geneva Convention; and highly carcinogenic tungsten shrapnel and dime munitions, which contain tungsten in powder form. There is also a whole cocktail of other problematic munitions suspected to have been used.

“There are a number of other post-conflict issues in Gaza that need to be addressed. The land is dying. There are toxic deposits from all the munitions that have been dropped. There are serious issues with water—its depletion and its contamination. There is a high instance of nitrates in the soil that is especially dangerous to children. If these issues are not addressed, Gaza may not even be habitable by World Health Organization norms.” — Colonel Desmond Travers, one of the four members of the United Nations Fact Finding Mission on the Gaza Conflict, interviewed by Ken Silverstein.

______

When the House of Representatives is about to pass a non-binding resolution condemning the Goldstone report [PDF] on Israel’s war crimes in Gaza and Josh Block (spokesman for the American Israel Public Affairs Committee) says: “AIPAC, in concert with every mainstream pro-Israel organization in the United States, supports this important resolution,” it’s fair to conclude that AIPAC doesn’t simply support the resolution; it almost certainly had a major role in drafting the resolution.

Rabid opposition to the Goldstone report reached a hyperbolic peak this week when the Simon Wiesenthal Center referred to this serious legal finding as “the ‘Magna Carta’ of international terrorists”.

Why the hysteria?

The UN General Assembly is set to debate the report on Wednesday and in so doing will further enhance the legitimacy of what has already become a highly influential document.

As Israel has framed the issue, the legitimization of Goldstone is part of a campaign to delegitimize the Jewish state. But on the contrary, in recognition of the effectiveness of Israel’s own legal system, the Goldstone report has called on Israel “to launch appropriate investigations that are independent and in conformity with international standards, into the serious violations of International humanitarian and International Human Rights Law reported by the Mission and any other serious allegations that might come to its attention.”

The Washington Post, reporting on the move in the House, said:

The resolution, co-sponsored by the two senior members of the House Foreign Affairs Committee, Rep. Howard L. Berman (D-Calif.) and Ileana Ros-Lehtinen (R-Fla.), charges that the report by South African jurist Richard Goldstone for the U.N. Human Rights Council is “irredeemably biased and unworthy of further consideration or legitimacy,” in part because it was based on “a flawed and biased mandate,” and that the militant group Hamas was able to “significantly shape the findings of the investigation.”

Goldstone categorically rejects that assertion: “The allegation that Hamas was able to shape the findings of my report or that it pre-screened the witnesses is devoid of truth. I challenge anyone to produce evidence in support of it.”

The Post also said:

Goldstone, in a letter to Berman and Ros-Lehtinen, has complained of numerous inaccuracies in the resolution about his report. But Lynne Weil, a spokeswoman for Berman, said that the chairman believes Goldstone’s letter contains “a number of points that are inaccurate” and that he will “issue a complete response” to Goldstone before the House vote.

What follows is Justice Goldstone’s letter where clause by clause he exposes the flaws in the House resolution:

The Honorable Howard Berman
Chairman, House Committee on Foreign Affairs

The Honorable Ileana Ros-Lehtinen
Ranking Member, House Committee on Foreign Affairs

October 29, 2009

Dear Chairman Berman and Ranking Member Ros-Lehtinen,

It has come to my attention that a resolution has been introduced in the Unites States House of
Representatives regarding the United Nations Fact Finding Mission on the Gaza Conflict, which I
led earlier this year.

I fully respect the right of the US Congress to examine and judge my mission and the resulting
report, as well as to make its recommendations to the US Executive branch of government.
However, I have strong reservations about the text of the resolution in question – text that
includes serious factual inaccuracies and instances where information and statements are taken
grossly out of context.

I undertook this fact-finding mission in good faith, just as I undertook my responsibilities vis à
vis the South African Standing Commission of Inquiry Regarding Public Violence and
Intimidation, the International War Crimes Tribunal on the former Yugoslavia, the International
Criminal Tribunal for Rwanda, the International Panel of the Commission of Enquiry into the
Activities of Nazism in Argentina, the Independent International Commission on Kosovo, and the
Volker Committee investigation into the UN’s Iraq oil-for-food program in 2004/5.

I hope that you, in similar good faith, will take the time to consider my comments about the
resolution and, as a result of that consideration, make the necessary corrections.

Whereas clause #1: “Whereas, on January 12, 2009, the United Nations Human Rights Council passed Resolution A/HRC/S-9/L.1, which authorized a `fact-finding mission’ regarding Israel’s conduct of Operation Cast Lead against violent militants in the Gaza Strip between December 27, 2008, and January 18, 2009;”

This whereas clause ignores the fact that I and others refused this original mandate, precisely
because it only called for an investigation into violations committed by Israel. The mandate given
to and accepted by me and under which we worked and reported reads as follows:

“. . .to investigate all violations of international human rights law and international humanitarian
law that might have been committed at any time in the context of the military operations that
were conducted in Gaza during the period from 27 December 2008 and 18 January 2009, whether
before, during or after”.

Whereas clause #2: “Whereas the resolution pre-judged the outcome of its investigation, by one-sidedly mandating the `fact-finding mission’ to `investigate all violations of international human rights law and International Humanitarian Law by . . . Israel, against the Palestinian people . . . particularly in the occupied Gaza Strip, due to the current aggression’”

This whereas clause ignores the fact that the expanded mandate that I demanded and received
clearly included rocket and mortar attacks on Israel and as the report makes clear was so
interpreted and implemented. It was the report carried out under this broadened mandate – not the
original, rejected mandate – that was adopted by the Human Rights Council and that included the
serious findings made against Hamas and other militant Palestinian groups.

Whereas clause #3: “Whereas the mandate of the `fact-finding mission’ makes no mention of the relentless rocket and mortar attacks, which numbered in the thousands and spanned a period of eight years, by Hamas and other violent militant groups in Gaza against civilian targets in Israel, that necessitated Israel’s defensive measures;”

This whereas clause is factually incorrect. As noted above, the expanded mandate clearly
included the rocket and mortar attacks. Moreover, Chapter XXIV of the Report considers in
detail the relentless rocket attacks from Gaza on Israel and the terror they caused to the people
living within their range. The resulting finding made in the report is that these attacks constituted
serious war crimes and possibly crimes against humanity.

Whereas clause #4: “Whereas the `fact-finding mission’ included a member who, before joining the mission, had already declared Israel guilty of committing atrocities in Operation Cast Lead by signing a public letter on January 11, 2009, published in the Sunday Times, that called Israel’s actions `war crimes’;”

This whereas clause is misleading. It overlooks, or neglects to mention, that the member concerned, Professor Christine Chinkin of the London School of Economics, in the same letter, together with other leading international lawyers, also condemned as war crimes the Hamas rockets fired into Israel.

Whereas clause #5: “Whereas the mission’s flawed and biased mandate gave serious concern to many United Nations Human Rights Council Member States which refused to support it,
including Bosnia and Herzegovina, Cameroon, Canada, France, Germany, Italy, Japan, the Netherlands, the Republic of Korea, Slovakia, Slovenia, Switzerland, Ukraine, and the United Kingdom of Great Britain and Northern Ireland;”

This whereas clause is factually incorrect. The mandate that was given to the Mission was certainly not opposed by all or even a majority of the States to which reference is made. I am happy to provide further details if necessary.

Whereas clause #6: “Whereas the mission’s flawed and biased mandate troubled many distinguished individuals who refused invitations to head the mission;”

This whereas clause is factually incorrect. The initial mandate that was rejected by others who
were invited to head the mission was the same one that I rejected. The mandate I accepted was
expanded by the President of the Human Rights Council as a result of conditions I made.

Whereas clause #8: “Whereas the report repeatedly made sweeping and unsubstantiated determinations that the Israeli military had deliberately attacked civilians during Operation Cast Lead;”

This whereas clause is factually incorrect. The findings included in the report are neither “sweeping” nor “unsubstantiated” and in effect reflect 188 individual interviews, review of more than 300 reports, 30 videos and 1200 photographs. Additionally, the body of the report contains a plethora of references to the information upon which the Commission relied for our findings.

Whereas clause #9: “Whereas the authors of the report, in the body of the report itself, admit that `we did not deal with the issues . . . regarding the problems of conducting military operations in civilian areas and second-guessing decisions made by soldiers and their commanding officers `in the fog of war.’;”

This whereas clause is misleading. The words quoted relate to the decision we made that it would have been unfair to investigate and make finding on situations where decisions had been made by Israeli soldiers “in the fog of battle”. This was a decision made in favor of, and not against, the interests of Israel.

Whereas clause #10: “Whereas in the October 16th edition of the Jewish Daily Forward, Richard Goldstone, the head of the `United Nations Fact Finding Mission on the Gaza Conflict’, is quoted as saying, with respect to the mission’s evidence-collection methods, `If this was a court of law, there would have been nothing proven.’”

The remark as quoted is both inaccurate and taken completely out of context. What I had explained to The Forward was that the Report itself would not constitute evidence admissible in court of law. It is my view, as jurist, that investigators would have to investigate which allegations they considered relevant. That, too, was why we recommended domestic investigations into the allegations.

Whereas clause #11: “Whereas the report, in effect, denied the State of Israel the right to self- defense, and never noted the fact that Israel had the right to defend its citizens from the repeated violent attacks committed against civilian targets in southern Israel by Hamas and other Foreign Terrorist Organizations operating from Gaza;”

It is factually incorrect to state that the Report denied Israel the right of self-defense. The report examined how that right was implemented by the standards of international law. What is commonly called ius ad bellum, the right to use military force was not considered to fall within our mandate. Israel’s right to use military force was not questioned.

Whereas clause #12: “Whereas the report largely ignored the culpability of the Government of Iran and the Government of Syria, both of whom sponsor Hamas and other Foreign Terrorist Organizations;”

This whereas clause is misleading. Nowhere that I know of has it ever been suggested that the Mission should have investigated the provenance of the rockets. Such an investigation was never on the agenda, and in any event, we would not have had the facilities or capability of investigating these allegations. If the Government of Israel has requested us to investigate that issue I have no doubt that we have done our best to do so.

Whereas clause #14: “Whereas, notwithstanding a great body of evidence that Hamas and other violent Islamist groups committed war crimes by using civilians and civilian institutions, such as mosques, schools, and hospitals, as shields, the report repeatedly downplayed or cast doubt upon that claim;”

This is a sweeping and unfair characterization of the Report. I hope that the Report will be read by those tasked with considering the resolution. I note that the House resolution fails to mention that notwithstanding my repeated personal pleas to the Government of Israel, Israel refused all cooperation with the Mission. Among other things, I requested the views of Israel with regard to the implementation of the mandate and details of any issues that the Government of Israel might wish us to investigate.

This refusal meant that Israel did not offer any information or evidence it may have collected regarding actions by Hamas or other Palestinian groups in Gaza. Any omission of such information and evidence in the report is regrettable, but is the result of Israel’s decision not to cooperate with the Fact-Finding mission, not a decision by the mission to downplay or cast doubt on such information and evidence.

Whereas clause #15: “Whereas in one notable instance, the report stated that it did not consider the admission of a Hamas official that Hamas often `created a human shield of women, children, the elderly and the mujahideen, against [the Israeli military]’ specifically to `constitute evidence that Hamas forced Palestinian civilians to shield military objectives against attack.’;”

This whereas clause is misleading, since the quotation is taken out of context. The quotation is
part of a section of the report dealing with the very narrow allegation that Hamas compelled
civilians, against their will, to act as human shields. The statement by the Hamas official is
repugnant and demonstrates an apparent disregard for the safety of civilians, but it is not evidence
that Hamas forced civilians to remain in their homes in order to act as human shields. Indeed,
while the Government of Israel has alleged publicly that Hamas used Palestinian civilians as
human shields, it has not identified any cases where it claims that civilians were doing so under
threat of force by Hamas or any other party.

Whereas clause #16: “Whereas Hamas was able to significantly shape the findings of the investigation mission’s report by selecting and prescreening some of the witnesses and intimidating others, as the report acknowledges when it notes that `those interviewed in Gaza appeared reluctant to speak about the presence of or conduct of hostilities by the Palestinian armed groups . . . from a fear of reprisals’;”

The allegation that Hamas was able to shape the findings of my report or that it pre-screened the
witnesses is devoid of truth. I challenge anyone to produce evidence in support of it.

Sincerely,

Justice Richard J. Goldstone

Facebooktwittermail

EU lawyers join drive to indict Israeli officers

EU lawyers join drive to indict Israeli officers

Israeli military officers who took part in Israel’s incursion of the Gaza Strip last winter may need to think twice before travelling to Europe.

Israeli media reported yesterday that human rights lawyers in the European Union are drawing up lists of names of Israeli military commanders alleged to be linked to war crimes committed in Gaza. The lawyers are hoping that the evidence they are collecting, including testimonies from Palestinians, will prompt countries such as Britain, Spain, the Netherlands, Belgium and Norway to arrest those Israelis linked to possible war violations who arrive on their soil.

The reports come as Israel is forging a battle against international efforts to bring it before a war crimes tribunal for its actions during the 22-day assault in the Gaza Strip in December and January. [continued…]

Israelis targeting grassroots activists

Israeli authorities are increasingly targeting and intimidating nonviolent Palestinian grassroots activists involved in anti-occupation activities who are drawing increased support from the international community.

Several weeks ago masked Israeli soldiers stormed the home of Ehab Jallad from the Jerusalem Popular Committee for the Celebration of Jerusalem as the Capital of Arab Culture for 2009.

“Around 3 a.m. the soldiers started kicking and banging on the door and threatened to break it down if I didn’t open immediately. My young daughters were terrified as they didn’t know what was happening,” recalled Jallad, a young Palestinian architect from Jerusalem. [continued…]

Facebooktwittermail

Who decided to go to war in Gaza (WHEN) and why?

Who decided to go to war in Gaza (WHEN) and why?

I want to know how and why it was decided to embark on Operation Cast Lead in the Gaza Strip and to expand it into a ground offensive. I want to know if the decisions were affected by the Israeli election campaign then underway and the change in U.S. presidents. I want to know if the leaders who launched the operation correctly judged the political damage it would cause Israel and what they did to minimize it. I want to know if those who gave orders to the Israel Defense Forces assumed that hundreds of Palestinian civilians would be killed, and how they tried to prevent this.

These questions should be at the center of an investigation into Operation Cast Lead. An investigation is necessary because of the political complexities that resulted from the operation, the serious harm to Palestinian civilians, the Goldstone report and its claims of war crimes, and the limits that will be imposed on the IDF’s freedom of operation in the future. There is no room to argue that the government should be allowed to govern without interference and investigations, with the public passing judgment at the ballot box. The government changed after the Gaza operation and the questions remain troublesome.

The investigations by the army and Military Police are meant to examine soldiers’ behavior on the battlefield. They are no substitute for a comprehensive examination of the activities of the political leadership and senior command, who are responsible for an operation and its results. It’s not the company or battalion commanders who need to be investigated, but former prime minister Ehud Olmert, Defense Minister Ehud Barak, former foreign minister Tzipi Livni, Chief of Staff Gabi Ashkenazi, and the heads of the intelligence chiefs and Foreign Ministry, who were party to the decisions. It is also important to investigate Barak and Livni’s election campaign advisers to find out if and how the campaign affected the military and diplomatic efforts. [continued…]

Editor’s Comment — Aluf Benn raises lots of important questions. One that he leaves out is this: Did Israel’s preparations for a war on Gaza in the first half of 2008 indicate that the truce with Hamas that began on June 18 last year was accepted by Israel in bad faith?

At the beginning of Operation Cast Lead, Haaretz reported:

Sources in the defense establishment said Defense Minister Ehud Barak instructed the Israel Defense Forces to prepare for the operation over six months ago, even as Israel was beginning to negotiate a ceasefire agreement with Hamas. According to the sources, Barak maintained that although the lull would allow Hamas to prepare for a showdown with Israel, the Israeli army needed time to prepare, as well.

The political line has always been “we had no choice,” but the truth might be that Israel’s leaders had made their choice for war well before it became “inevitable”.

Benn asks: “Who decided to bomb the flour mill and sewage treatment center in Gaza, and why?” Again, the question of when such facilities were added to a target list is extremely important. If the preparations that Barak referred to included drawing up target lists of this type then Israel would appear to have knowingly planned and committed war crimes, breaking the Fourth Geneva Convention that prohibits collective punishment.

One of the “lessons” of the 2006 war on Lebanon was that Israel didn’t have carefully developed target lists — that it quickly ran out of military targets and thereafter capriciously sought new and ill-conceived targets. That would imply that most of the targets in Gaza had been selected well before a single missile had been fired.

Facebooktwittermail

Where have all Israel’s friends gone?

“Where have all the friendships gone…”

Among all the members of our political, military and media establishments who are now suggesting an “inquiry”, there is no one – literally not one – who means by that a real investigation. The aim is to deceive the Goyim and get them to shut up.

Actually, Israeli law lays down clear guidelines for such investigations. The government decides to set up a commission of investigation. The president of the Supreme Court then appoints the members of the commission. The commission can compel witnesses to testify. Anybody who may be damaged by its conclusions must be warned and given the opportunity to defend themself. Its conclusions are binding.

This law has an interesting history. Sometime in the 50s, David Ben-Gurion demanded the appointment of a “judicial committee of inquiry” to decide who gave the orders for the 1954 “security mishap”, also known as the Lavon Affair. (A false flag operation where an espionage network composed of local Jews was activated to bomb American and British offices in Egypt, in order to cause friction between Egypt and the Western powers. The perpetrators were caught.)

Ben-Gurion’s request was denied, under the pretext that there was no law for such a procedure. Furious, Ben-Gurion resigned from the government and left his party. In one of the stormy party sessions, the Minister of Justice, Yaakov Shimshon Shapira, called Ben-Gurion a “fascist”. But Shapira, an old Russian Jew, regretted his outburst later. He drafted a special law for the appointment of Commissions of Investigation in the future. After lengthy deliberations in the Knesset (in which I took an active part) the law was adopted and has since been applied, notably in the case of the Sabra and Shatila massacre. [continued…]

Jordan’s ties with Israel turn cold

Jordan and Israel mark 15 years of peace today, but ties between both countries are cooler than ever.

Since the right-wing Israeli government of Benjamin Netenyahu took office in May, Jordan has been left further disappointed with its neighbour.

“Our relation is getting colder,” King Abdullah told Israel’s daily Haaretz newspaper this month. “Let’s remember that the peace treaty was signed as part of a process to achieve comprehensive peace. And the full potential of not just Jordanian-Israeli relations, but the whole region, will not be realised unless comprehensive peace is achieved.” [continued…]

Facebooktwittermail

As occupier, Israel must face up to Goldstone report

As occupier, Israel must face up to Goldstone report

Goldstone was born in June 1967. I am not referring to the judge from South Africa, but to his report, or more precisely, the notion that Israel needs a synonym for the soul-searching it must carry out after 42 years of occupation. In the 575 pages of the report that is loaded with details, names, numbers, a list of weapons, interrogation methods and articles of international law, three paragraphs hide among the conclusions on pages 521 and 522, numbered 1674 to 1676. Here lies the explanation for the tragic results of Operation Cast Lead.

In those paragraphs Goldstone uses the term “continuum” to establish that the operation cannot be understood on its own without assessing it as part of a chain of events, which also includes the complete closure of the Gaza Strip for three years, the policy of razing homes, the arrests, the interrogations and torture, not only in the Gaza Strip but also in the West Bank and East Jerusalem. In short, Operation Cast Lead is not an “incident.” It is a link in a chain as old as the occupation itself.

The equation Israel is demanding – between those wounded in the Gaza operation and those wounded in Sderot, between the Qassams and the F-16s, between the mortars and the tank that killed three of Dr. Ezzeldeen Abu al-Aish’s daughters, between Hamas and Israel – betrays a poor understanding of the report’s essence. Goldstone puts the symptom under the microscope and derives the illness. The result is a textbook whose title should have been “A manual for the occupier in the fifth decade.” [continued…]

Whatever Bibi wants, Bibi gets

Barack Obama is a rookie. At least, this is what the Israeli prime minister seems to think. So far, Benjamin Netanyahu has been able to maximize his gains at the expense of the U.S. president and the Palestinians while solidifying his own position in the process.

Consider last month’s trilateral meeting on the sidelines of the U.N. General Assembly. After months of tough and very public statements by top U.S. officials, Netanyahu was able to get the leader of the free world to concede on a settlement freeze and gave nothing in return. For Israeli hawks and their allies in the United States, this was a victory. But it did not come without costs, even leaving aside the effect on Palestinian Authority President Mahmoud Abbas’s domestic popularity. Heads of state around the world paid attention, and surely some of them thought of Obama: This man is a pushover. [continued…]

Jordan to Israel: Temple Mount violence derails peace efforts

Jordan warned Israel Police and religious Jewish radicals on Sunday that further provocation in the compound that houses the al- Aqsa Mosque in Jerusalem would “fuel violence in the region and jeopardize peace efforts”.

Clashes between Israeli police and youths armed with rocks broke out Sunday at the Noble Sanctuary/Temple Mount compound where the mosque is located. The confrontation was apparently sparked by calls by radical Jewish clerics to their followers to go up to the compound, and by calls by radical Muslim clerics for their followers to defend the site. [continued…]

Israel confirms settlers ramping up West Bank construction

The defense establishment confirmed that in recent weeks West Bank settlers have been making a noticeable effort to expedite construction, in an attempt to maximize the “facts on the ground” before the United States and Israel reach an agreement on a settlement freeze.

A senior security source said this week that the defense establishment’s view on the situation was reflected in reports published in Haaretz last Friday, which stated that extensive construction is currently being carried out in at least 11 settlements. [continued…]

Facebooktwittermail

Justice Richard Goldstone interviewed by Bill Moyers

Justice Richard Goldstone – Part One

RICHARD GOLDSTONE: As I say, I accept the right of Israel, absolutely, to defend itself. But let me give you an example. Assuming the United States fighting Taliban, started bombing the whole food infrastructure of the people in the area where Taliban are- plowing up fields, bombing food factories, I don’t believe that this would be accepted as legitimate by the people of the United States.

BILL MOYERS: Do we need to change the rules of war in fighting terrorism?

RICHARD GOLDSTONE: Not at all, and you know, it struck me when I heard that Prime Minister Netanyahu suggested that the law of war needs to be changed. It seems to me to contain an implicit acceptance that they broke the law that now is, and that’s why it needs to be changed. [continued…]

Justice Richard Goldstone – Part Two

Facebooktwittermail

Goldstone challenges US over Gaza report

Goldstone challenges US over Gaza report

Judge Richard Goldstone told Al Jazeera on Thursday that he is still waiting for the U.S. to back up its claim that his report on the war in Gaza has a number of flaws.

“The Obama administration joined our recommendation calling for full and good-faith investigations, both in Israel and in Gaza, but said that the report was flawed,” Goldstone told Al Jazeera.

The UN commission chairman said that if Washington points out the flaws, he would be ready to respond. “I have yet to hear from the Obama administration what the flaws in the report that they have identified are. I would be happy to respond to them, if and when I know what they are,” he said.

Israel’s attacks will lead to its isolation

Israel has been dealing one blow after another to the rest of the world. While China has still not recovered from Foreign Minister Avigdor Lieberman’s absence from the reception at its Tel Aviv embassy – a serious punishment for China’s support for the Goldstone report – France is licking its wounds after Prime Minister Benjamin Netanyahu “vetoed” a visit by the French foreign minister to Gaza. And Israel has dealt another blow: Its ambassador in Washington, Michael Oren, will boycott the conference next week of the new Israel lobby J Street.

China, France and J Street will somehow get by despite these boycotts, Turkey will also recover from the great vacationers’ revolt, and we can expect that even the Swedes and Norwegians will recover from Israel’s loud reprimands. But a country that attacks and boycotts everyone who does not exactly agree with its official positions will become isolated, forsaken and detestable: North Korea of today or Albania of yesterday. It’s actually quite strange for Israel to use this weapon, as it is about to turn into the victim of boycotts itself.

Israel strikes and strikes again. It strikes its enemies, and now it strikes out at its friends who dare not fall exactly in line with its official policies. The J Street case is a particularly serious example. This Jewish organization rose in America along with Barack Obama. Its members want a fair and peace-seeking Israel.

That’s their sin, and their punishment is a boycott. [continued…]

‘U.S. to stand by Israel in the fight against Goldstone report’

President Peres on Wednesday harshly condemned the Goldstone report and told the U.S. envoy to the United Nations, Susan Rice that, “It is outrageous that a respected institution like the United Nations provides a platform to spread lies and stories about Israel.”

The Goldstone report accuses Israel Defense Forces and Palestinian militants of war crimes and possible crimes against humanity during their Dec. 27-Jan. 18 conflict in the Gaza Strip.

The report also calls on the UN Security Council to refer the matter to the International Criminal Court at The Hague, which could prosecute Israeli officials for war crimes.

“The United Nations provides a stage for Ahmmadinejad, who threatens to annihilate Israel, and lets him stand judge,” continued Peres. “This is nothing short of ridiculous.”

Rice promised that the United States will continue to stand by Israel as a loyal friend in the fight against the Goldstone report. [continued…]

U.S., EU pile on pressure for Israel to create own panel on Gaza op

The United States and a number of important EU countries are pressing Israel to establish an independent commission of inquiry into the findings of the Goldstone report on last winter’s Gaza offensive.

British Prime Minister Gordon Brown and French President Nicholas Sarkozy, for example, have written a letter on the subject to Prime Minister Benjamin Netanyahu, and messages have been sent through diplomatic channels, in phone calls and in Netanyahu’s meetings with senior American and European officials, said a senior official in Jerusalem.

Netanyahu has yet to take a stance in debates in the cabinet and security cabinet on the issue, let alone decide on the matter. No decision is expected in the next few days, according to a source in the Prime Minister’s Bureau.

The main supporters of establishing a commission are Deputy Prime Minister Dan Meridor and Attorney General Menachem Mazuz, while the main opponents are Defense Minister Ehud Barak and Deputy Prime Minister Eli Yishai. [continued…]

Hamas: investigate attacks on Israeli civilians

Hamas authorities in the Gaza Strip should promptly implement the recommendations of the Goldstone report on Gaza by conducting credible investigations into serious laws-of-war violations by Palestinian forces, Human Rights Watch said in a letter sent October 20, 2009, to Prime Minister Ismail Haniya.

The United Nations Fact-Finding Mission on the Gaza Conflict, led by Justice Richard Goldstone, called on Hamas and Israel to investigate within six months alleged violations of the laws of war by their respective forces. The report said that Palestinian rocket attacks against Israeli population centers should be investigated as war crimes. The UN Human Rights Council voted on October 16 to endorse the recommendations of the Gaza report. [continued…]

Why we report on ‘open’ societies

Responding to Robert Bernstein’s NYT op-ed

Human Rights Watch was saddened to read in The New York Times on October 20, 2009 that its founding chair, Robert L. Bernstein, feels he must “join the critics” of our work on Israel. We fundamentally disagree with Mr. Bernstein’s views.

Human Rights Watch does not believe that the human rights records of “closed” societies are the only ones deserving scrutiny. If that were the case, we would not work on US abuses in Guantanamo Bay, police abuse in Brazil, the “untouchables” in India, or migrants in South Africa. “Open” societies and democracies commit human rights abuses, too, and Human Rights Watch has an important role to play in documenting those abuses and pressing for their end.

Human Rights Watch does not devote more time and energy to Israel than to other countries in the region, or in the world. We’ve produced more than 1,700 reports, letters, news releases, and other commentaries on the Middle East and North Africa since January 2000, and the vast majority of these were about countries other than Israel. Furthermore, our Middle East division is only one of 16 research programs at Human Rights Watch. The work on Israel is a tiny fraction of Human Rights Watch’s work as a whole.

It is not the case that Human Rights Watch had “no access to the battlefield” after the Israeli operation in Gaza in January 2009. Although the Israeli government denied us access, our researchers entered Gaza via the border with Egypt and conducted extensive interviews with victims, eyewitnesses, United Nations officials, local authorities, and others. As in war zones around the world, we also visited attack sites, analyzed ballistics evidence, photographed wounds, and examined autopsy and other medical reports.

Mr. Bernstein brought his concerns about our work on Israel to a full meeting of the Human Rights Watch Board of Directors in April. The board unanimously rejected his view that Human Rights Watch should report only on closed societies, and expressed its full support for the organization’s work.

Human Rights Watch stands fully behind the work we have done on Israel and around the world. [continued…]

Facebooktwittermail

Israel wants law of war changed after damning UN Gaza report

Israel wants law of war changed after damning UN Gaza report

Israel’s Prime Minister Benjamin Netanyahu instructed his government on Tuesday to draw up proposals to amend the international laws of war after a damning UN report on its war in Gaza.

The security cabinet did not, however, discuss calls made by ministers for an internal investigation into the 22-day offensive at the turn of the year that killed some 1,400 Palestinians and 13 Israelis, an official told AFP.

“The prime minister instructed the relevant government bodies to examine a worldwide campaign to amend the international laws of war to adapt them to the spread of global terrorism,” his office said in a statement.

Israel was dealt a heavy diplomatic blow with the adoption by the UN Human Rights Council of the report that accused both Israel and the Hamas rulers of the Gaza Strip of war crimes.

Israel’s closest allies, the United States, Britain and France urged it to investigate war crime allegations raised by the fact-finding missions headed by Richard Goldstone, a former international war crimes prosecutor.

Defence Minister Ehud Barak backed Netanyahu’s call for a diplomatic campaign, saying that Israel should propose changes in the international laws of war “in order to facilitate the war on terrorism,” an official quoted him as saying. [continued…]

Facebooktwittermail