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The
Goldstone Commission's The report of the UN
fact-finding mission headed by the renowned justice Richard Goldstone
on violations of human rights and humanitarian law during the recent
Israeli attack on the Gaza Strip marks a major development in the attempt
to end the impunity with which ON 3 April 2009, a
UN press release stated: 'The Human Rights Council (HRC) today announced
the appointment of Richard J Goldstone.... to lead an independent (four-person)
fact-finding mission to investigate international human rights and humanitarian
law violations related to the recent conflict in the Gaza Strip....The
team will be supported by staff of the Office of the High Commissioner
for Human Rights.... Today's appointment comes following the adoption
of a resolution by the Human Rights Council....to address "the
grave violations of human rights in the Established by the UN General Assembly on 15 March 2006, the HRC is 'responsible for strengthening the promotion and protection of human rights around the globe.' As a former At the time, On 15 September, the
HRC released the Goldstone Commission's 575-page report, titled 'Human
Rights in It covered Operation
Cast Lead, the The introduction stated
that: 'The It repeatedly tried
to get The Commission conducted
188 interviews, received over 300 reports, submissions, and other documents
comprising more than 10,000 pages, 30 videos, and 1,200 photographs.
As much as possible, it relied on material gathered first-hand. Secondary
sources were then used for corroboration. Overall, enough information
was obtained 'of a credible and reliable nature for the 'By refusing to cooperate
with the Commission's findings A 15 September UN press
release stated that the Mission concluded that 'there is evidence indicating
serious violations of international human rights and humanitarian law
were committed by Israel during the Gaza conflict, and that Israel committed
actions amounting to war crimes, and possibly crimes against humanity.'
Examples included numerous incidents of civilians shot waving white
flags while trying to leave their homes for safer locations. Other instances
were of Palestinians used as human shields, arbitrary arrests, and extrajudicial
assassinations in In particular, the Commission noted that: 'While the Israeli Government has sought to portray its operations as essentially a response to rocket attacks in the exercise of its right of self defence, the Mission considers the plan to have been directed, at least in part, at a different target: the people of Gaza as a whole.' Rocket attacks were a pretext for naked aggression. Calling them war crimes,
the The Commission called the Gaza siege collective punishment through a 'policy of progressive isolation and deprivation,' and said that Operation Cast Lead destroyed vast amounts of Gaza infrastructure, homes, public buildings, factories, schools, hospitals, police stations, and other structures and facilities. It cited the death toll at over 1,400, families still living in rubble, the blockade preventing reconstruction, and significant immediate and long-term trauma, especially on children. It blamed Israel for depriving Palestinians of a means of subsistence, employment, housing, water, free movement, the right to leave and return to their own country, and access to judicial redress constituting a 'crime of persecution (and) against humanity....' Israel also violated the principles of 'distinction' between combatants and military targets and civilians and non-military ones, and of 'proportionality' that prohibits disproportionate indiscriminate force likely to cause extensive damage and great loss of life. The Commission found numerous incidents of Israeli forces launching 'direct (disproportionate) attacks against civilians with lethal outcomes.' These are war crimes because 'no justifiable military objective' was pursued. It cited 'a justice
crisis in the 'The 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. The destruction of food supply installations, water sanitation systems, concrete factories and residential houses was the result of a deliberate and systematic policy which has made the daily process of living, and dignified living, more difficult for the civilian population.' Richard Goldstone's 17 September 2009 New York Times op-ed Goldstone said that, 'above all,' he accepted the UN mandate because of his deep belief 'in the rule of law and the laws of war, and the principle that in armed conflict civilians should to the greatest extent possible be protected from harm.' Yet Amnesty International (AI)'s response to the Goldstone report Donatella Rovera, head
of AI's Operation Cast Lead investigation, called on the UN Human Rights
Council to 'endorse the report and its recommendations and request the
UN Secretary-General to refer it to the UN Security Council. (It) and
other UN bodies must now take the necessary steps to ensure that the
victims receive justice and reparation that is their due and that perpetrators
don't get away with murder.' The Security Council 'must refer the Goldstone
findings to the International Criminal Court (ICC) Prosecutor if The New York Times response to the Goldstone report A 15 September Neil
MacFarquhar article quoted the report citing Then on 17 September,
the Times published two letters which were highly critical of Goldstone.
One was from Richard Sideman, president of the American Jewish Committee,
who said: 'Richard Goldstone displays the same disregard for He then vilified the HRC as 'consistently demonis(ing) Israel while giving a free pass to some of the world's worst tyrants, from Sudan to Iran, (and) Mr Goldstone largely neglects what prompted Israel to act militarily against Hamas....In sum, Mr. Goldstone's conclusions are a disservice to the credibility of the United Nations itself.' In the second letter,
Matan Shamir, a Legacy Heritage Fellow, said Goldstone is 'absolutely
right' about 'the "corrosive effect on international justice"
and the "unacceptable hypocrisy" of not holding On 18 September, the Times ran two more anti-Goldstone letters condemning Hamas 'terrorism', defending Israel's right to self-defence, and saying that since its founding, 'Israel was plagued by attacks by rejectionist groups that continue to this day.' It also ran an 18 September
story headlined 'UN Study Is Called Unfair to Absent entirely from
the Times, now and always, is an emphasis on the egregiousness of The Palestinian Centre for Human Rights (PCHR) response PCHR welcomed the Goldstone report and called for 'effective judicial redress and the protection of victims' rights.' It urged that the Mission's recommendations be adopted to assure accountability, either through the Security Council; under the UN Charter's Chapter VII that deals with breaches of or threats to peace and acts of aggression; or by referring the matter to the ICC for criminal prosecutions and to compensate Palestinians in accordance with international law. PCHR stressed that
normal relations cannot be conducted with states that commit crimes
of war and against humanity. International pressure must be exerted
to insure 'The results of this impunity are evident. The situation cannot be allowed to persist. If the rule of law is to be relevant, it must be upheld.' According to the UN Charter, individual states and the UN must fulfil their legal obligation 'to save succeeding generations from the scourge of war....reaffirm faith in fundamental human rights....establish conditions under which justice (and) international law can be maintained, (and resolve) to maintain international peace and security....' Other responses from human rights organisations Rabbis for Human Rights
called on The Arab Association
for Human Rights (ARABHRA) endorsed the Goldstone report's findings
of 'strong evidence of war crimes and crimes against humanity committed
during the 'Taking into account the ability to plan, the means to execute plans with the most developed technology available, and statements by the Israeli military that almost no errors occurred, (it's clear) that the incidents and patterns of events considered in the report are the result of deliberate planning and policy decision.' Israeli human rights
group B'Tselem said ' Other human rights organisations endorsed this statement, including: Association for Civil Rights in Israel (ACRI), Adalah, Bimkom, Gisha, HaMoked, Physicians for Human Rights (Israel), The Public Committee Against Torture (PACTI), and Yesh Din. Not surprisingly, Israeli officials condemned the report and dismissed it out of hand. President Shimon Peres called it 'a mockery of history' and charged that it 'fails to distinguish between the aggressor and a state exercising its right of self-defence....The report legitimises terrorist activity, the pursuit of murder and death. The report disregards the duty and right of self-defence....' Prime Minister Benjamin
Netanyahu said: 'The Goldstone report is a kangaroo court against Deputy Foreign Minister,
Danny Ayalon, called the report 'a dangerous attempt to harm the principle
of self-defence by democratic states and provides legitimacy to terrorism.
(It's) a cynical attempt at role reversal in blaming Defence Secretary, Ehud Barak, said the report constituted 'a prize for terrorism. The comparison between those who foment terrorism and its victims is unconscionable.' UN ambassador, Gabriela Shalev, said: 'The mandate of the Goldstone Commission was one-sided from the beginning and the initiative to establish the commission came from the UN Human Rights Council, which is known for regularly and routinely condemning Israel.' The extremist Jerusalem Post called the report 'nauseating (by equating) a democratic state with a terror organisation.' Foreign Minister Avigdor Lieberman said: 'The whole purpose of the report, from the moment the decision was made to write it, was to destroy Israel's image, in service to countries where the terms "human rights" and "combat ethics" do not even appear in their dictionaries. I can say wholeheartedly....that the IDF (Israel Defense Forces) is the most moral army in the world, and it is forced to deal with the most vile terrorists, who set for themselves the goal of killing women and children, and hide behind women and children.' '(The report) wishes to take the UN back to the dark ages....(It) has no legal, factual or ethical value, (and) it is a testament to the writers of the report and those that sent them.' Lieberman heads the
ultranationalist/revisionist Zionist Yisrael Beiteinu ( He also wants the peace
process abandoned and Palestinian President Mahmoud Abbas ignored, and
once urged that Israeli Arabs be deported and Arab members of the Israeli
legislature who met with Hamas or Hezbollah executed. Haaretz has called
him an 'unrestrained and irresponsible man....a threat (to Like with other Israeli leaders, confrontation with Iran is one of his top priorities as well as continued West Bank land seizures (including all of East Jerusalem) for settlement expansions, denying Palestinians their rights and freedom, and restricting them to isolated cantons. Final comments For over six decades,
Israeli state terror has continued its tradition of blaming the victim
and choosing militarism, violence, intimidation, and naked aggression
over peaceful coexistence, respect for human rights, and observance
of international laws and norms. Israelisation and De-Arabisation are
fixed policies. So is the Dahiya Doctrine, named after the Arabs are thus disenfranchised,
denied rights, and deemed inferior as subhumans. Israeli policy is confrontation,
conflict, oppression, impoverishment, displacement, slow-motion genocide,
and state terror to depopulate historical Operation Cast Lead
was the latest episode, but Stephen Lendman is a Research Associate of
the Centre for Research on Globalization. He lives in *Third World Resurgence No. 228/229, August-September 2009, pp 43-46 |
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