The Goldstone Report: Rewarding Palestinian Terror

Ayalon to Jewish Leaders: Fight UN Report Hard

by Gil Ronen
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(IsraelNN.com) One day after the publication of the United Nations report by Judge Richard Goldstone, which blamed Israel for “war crimes,” Deputy Foreign Minister Danny Ayalon met with the heads of the Jewish community in New York and exhorted them to fight the report.

"The Goldstone report should be treated like the U.N.'s Resolution 3379 that compared Zionism to racism,” Ayalon told the local leaders. “That is why we must commit ourselves and act with all our force against the report, with the purpose of removing it and torpedoing it,” he said.

Ayalon was also scheduled to meet Wednesday with Susan Rice, the U.S. Ambassador to the United Nations, and with other senior officials in the Obama administration and in Congress. Ayalon intends to raise the subject of the report in all of these meetings and to convey the message that the report is unacceptable and that it undermines Israel's right to defend itself.

Sources close to Defense Minister Ehud Barak said Wednesday that the UN. Report “is a reward for terror and encourages [terrorists] to continue on the path of terror.” The sources said that the defense establishment is now preparing to give IDF officers legal support.

The sources close to Barak said that “we are checking, through the international and diplomatic channels, the possibility of making the report inadmissible.” They also said that “the comparison that the report makes between the perpetrators of terror and its victims makes no sense.”
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The Goldstone Report: Rewarding Palestinian Terror

BACKGROUND SUMMARY

The United Nations fact-finding mission examining Israel's Operation Cast Lead against Hamas in Gaza has been published. Headed by South African Judge Richard Goldstone, the mission's 575-page report (PDF format) found that "Israel committed actions amounting to war crimes, possibly crimes against humanity."

Here, we provide an overview of some of the failings the Goldstone Report, including:
*
Israel did not deliberately target the civilian population of Gaza and, in fact, made efforts to prevent civilian casualties that no other army in the world would have done.
*
Contrary to the assertions of Goldstone, Hamas did use Palestinian civilians as human shields.
*
The Goldstone Report is not objective and is, in fact tainted by bias and politicization, both from the UN Human Rights Council and members of the mission itself.
*
The report relied upon the contributions of anti-Israel non-governmental organizations and unreliable Palestinian "eyewitnesses."
*
Israel respects human rights and has a sophisticated legal and judicial system. Hamas does not. Yet the report has created an unjust equivalence of a democratic state with a terror organization.

CLAIM: ISRAEL DELIBERATELY TARGETED PALESTINIAN CIVILIANS

THE FACTS:
*
The Goldstone Report states: "While the Israeli Government has sought to portray its operations as essentially a response to rocket attacks in the exercise of its right to 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…deeds by Israeli forces and words of military and political leaders prior to and during the operations indicate that as a whole they were premised on a deliberate policy of disproportionate force aimed not at the enemy but at the 'supporting infrastructure.' In practice, this appears to have meant the civilian population."
*
So why did the IDF drop thousands of warning leaflets, make over 200,000 telephone warnings to Palestinian civilians, abort missile strikes to prevent civilian casualties, open a field clinic for Palestinians on the Gaza border, and transfer tons of humanitarian aid during the conflict?

CLAIM: THE REPORT FOUND NO EVIDENCE OF PALESTINIANS USING HUMAN SHIELDS

THE FACTS:
*
While Goldstone maintains that he could not find any evidence of the use of human shields by Hamas, even the terrorist organization admits it.

CLAIM: THE GOLDSTONE REPORT IS OBJECTIVE AND UNTAINTED BY BIAS OR POLITICIZATION

THE FACTS:
*
It was clear that one out of the four members of the Goldstone Mission, Professor Christine Chinkin, had already made up her mind, having signed a letter before the conflict had even ended, clearly stating that Israel's actions in Gaza amounted to "war crimes" and that Palestinian rocket attacks were not significant enough for Israel to exercise her right to self-defense.
*
The UN Human Rights Council includes states known for having questionable records with regards to human rights or a history of hostility towards Israel, including Saudi Arabia, Cuba, Pakistan, Bahrain, Mauritius and Qatar. The UNHRC has consistently discriminated against Israel and the mandate for the Goldstone Mission was no different.
*
The mandate was not supported by many leading democratic members of the HRC – the European Union, Japan, Canada and Switzerland all refused to back the resolution.
*
The mandate (HRC Resolution S-9/1) for the fact-finding mission was "to investigate all violations of international human rights law and international humanitarian law by the occupying Power, Israel, against the Palestinian people throughout the Occupied Palestinian Territory, particularly in the occupied Gaza Strip, due to the current aggression" -- already determining that Israel had committed "violations of international human rights law " before the investigation even began.
*
Additionally, the Resolution determined that Israel caused " massive violations of the human rights of the Palestinian people and systematic destruction of Palestinian infrastructure" while demanding that Israel "stop the targeting of civilians and medical facilities and staff and the systematic destruction of the cultural heritage of the Palestinian people, in addition to the destruction of public and private properties." This, too, before any investigation even took place.
*
As Melanie Phillips notes: "So this 'objective' inquiry had been told before it was even established that the guilty party in Gaza was Israel, designated by the UN as the 'occupying power'; that it was guilty of 'aggression' and 'violations of international human rights law and international humanitarian law'; and that the Palestinians of Gaza were the victims of this Israeli aggression."

CLAIM: THERE IS NO REASON TO DOUBT THE RELIABILITY OF "EYEWITNESSES" AND NGOs

THE FACTS:
*
Time and again, Palestinian "eyewitnesses" and non-governmental organizations have been proven to be unreliable, giving unverifiable evidence.
*
Judge Goldstone has a long association with Human Rights Watch, even serving on its board until removing himself when it was pointed out that remaining with HRW would be inappropriate. Yet he cites HRW sources in the Report, including material by the Nazi memorabilia collecting Marc Garlasco, who is currently suspended by HRW pending an investigation.
*
Some of the Palestinian witnesses heard by the mission were actually Hamas operatives directly involved in terrorism. One such witness, Mohammed Fuoad Abu Askar of Jebaliyeh, was actually a senior Hamas operative who used his house to store arms and ammunition, which lead to the IDF strike against the structure.
*
The case of Khaled and Kawthar Abed Rabbo, as outlined by CAMERA, offers ample evidence of unreliable witnesses. While the Goldstone committee "found Khalid and Kawthar Abd Rabbo to be credible and reliable witnesses [and] has no reason to doubt the veracity of the main elements of their testimony," Khaled Abd Rabbo and his relatives have given more than a dozen different versions of what happened to them on Jan. 7, 2009.
*
In addition, as evidenced in the above case, Goldstone failed to take into account the loyalties of different Palestinian factions and the incentive for Fatah or Hamas members to blame Israeli soldiers for killings that were actually part of intra-Palestinian violence.

CLAIM: ISRAEL IS INCAPABLE OF HOLDING ITSELF TO ACCOUNT WITHIN A PROPER LEGAL FRAMEWORK

THE FACTS:
*
Goldstone refers to Hamas and other Palestinian terrorists as "armed groups" while the IDF stands accused of targeting Gaza's civilian population. The report has created an unjust equivalence of a democratic state with a terror organization.
*
In addition, Goldstone calls for both Israelis and Palestinians to investigate alleged crimes. This despite the fact that Israel's legal and judicial apparatus is fully equipped and motivated to address alleged violations of national or international law by its commanders and soldiers. Such allegations are reviewed through a multi-tiered system of independent and impartial proceedings before Israeli investigative, administrative and judicial authorities, including Israel's highest judicial instance, the Israeli Supreme Court.
*
How can Goldstone imply that Hamas or the Palestinian Authority operates a legal system that comes close to anything resembling that of a western democracy?

Expect to see more of the Goldstone Report in the media over the coming days and weeks. This UN report based on the work of investigators who publicized their opinions before the investigation began and reliant on unreliable and tainted sources, delivered exactly what we expected: a drawn out condemnation of Israel's efforts to defend its citizens against Hamas's rockets.

In reality, it is the UN Human Rights Council that should be investigated for its complete failure to take action to protect the human rights of Israel's citizens.

FURTHER RESOURCES

*
Gaza Facts: The Israeli Perspective, Israel Ministry of Foreign Affairs
*
Goldstone Report: 575 pages of NGO "cut and paste", NGO Monitor
*
Analysis: Goldstone's kangaroo court report, Gerald Steinberg, The Jerusalem Post
*
The Moral Inversion of Richard Goldstone, Melanie Phillips, The Spectator
*
Israel Ambassador to the US, Michael Oren interviewed on PBS
*
Goldstone's sins of omission, Dan Kosky, Comment is Free
*
Goldstone Report Inaccuracies, Pts. 1, 2, 3, 4, 5, 6, 7, 8, Elder of Ziyon
*
The Goldstone Commisson: Something Happened On The Way to Gaza, Daled Amos
*
The Goldstone Commission on human shields: Lies and damned lies, Israel Matzav
*
On a foundation of sand, Soccer Dad
*
UN Human Rights Council Report Distorts Gaza War, Z Word


HonestReporting. com

Last update - 08:52 18/09/2009
Netanyahu asks world to reject Goldstone findings
By Barak Ravid, Haaretz Correspondent and News Agencies
Tags: Goldstone Report, Israel News

Prime Minister Benjamin Netanyahu on Thursday rejected a United Nations report alleging Israeli war crimes during its three week offensive in Gaza last winter, warning world leaders that they and their anti-terror forces could be targets for similar charges.

Netanyahu made the remarks while speaking to Israeli TV stations on the occasion of Rosh Hashana, the Jewish new year, which begins Friday.

He said the UN report ignored Israel's 2005 withdrawal from Gaza and the Palestinian rocket attacks that preceded Israel's invasion, adding that lessons must be learned for future agreements with the Palestinians.

"I am telling international leaders: You are telling us that you support our right of self defense. Don't tell us that after the next agreement, tell us now. Reject the findings of this commission," Netanyahu told Channel 2 TV.

"Come out now, condemn this report and act to quash its consequences now," he went on to say.

The report of the UN commission, headed by South African justice Richard Goldstone, faulted Israel for civilian deaths in Gaza. Israel charged that Gaza's Islamic Hamas rulers were responsible for placing rocket launchers and forces in crowded neighborhoods. About 1,400 Palestinians were killed during the three-week conflict.

The report also criticized Hamas for firing rockets at Israeli civilians.

Netanyahu called on the world to oppose the conclusion that formal charges could be brought against Israeli soldiers, officers and leaders as a result of the Gaza war. He said it was a blow to the fight against terrorism and warned that other countries could find their soldiers and leaders in the dock as the result of anti-terror operations.

Late Thursday evening, Netanyahu spoke with Russian President Dimitry Medvedev, asking for his support in curbing the effects of the Goldstone report. Netanyahu stressed that the report's conclusions compromise Russia's capability to combat terrorism, as well as Israel's.

Earlier Thursday, a U.S. diplomat criticized the United Nations Human Rights Council for giving an "unacceptable" mandate to the fact finding mission in the Gaza Strip.

Susan Rice, the U.S. ambassador to the United Nations, said
Washington has had "serious concerns" about the mandate given to the Goldstone led four-member mission by the Geneva-based council. The U.S. officially took its seat in the 46-member body in early September.

"We have long expressed our very serious concerns about the mandate given by the Human Rights Council prior to our joining it," Rice said in her first reaction to the findings by Goldstone on Tuesday.

"We view the mandate as ... one-sided and basically unbalanced," she said. She also objected to Goldstone's recommendations, including one for the 15-nation Security Council to investigate and refer the war crimes to the International Criminal Court at The Hague.

Rice urged both Israelis and Palestinians to look to the future in order to resolve their conflict.

HAARETZ SPECIAL FEATURE: The Goldstone Commission Report
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WITH ZIONISTS LIKE THIS WHO NEEDS ENEMIES?
Sep 16, 2009 11:00 | Updated Sep 17, 2009 6:34
'My father is a Zionist, loves Israel'
By JPOST.COM STAFF

Nicole Goldstone, the daughter of Richard Goldstone, whose report on Operation Cast Lead alleged that Israel committed war crimes in Gaza, maintained on Wednesday that her father "is a Zionist and loves Israel."

NGO Watch blasts Goldstone report: "Every page is egregious."

Speaking from Toronto, where she now lives, Nicole told Army Radio she had many conversations with her father after he was asked to head the UN inquiry.

"I know better than anyone else that he thought however hard it was to accept it, he was doing the best thing for everyone, including Israel," she said. "He is honest, tells things how he sees them and wants to uncover the truth."

Nicole, who said she had read the first 300 and last 100 pages of the report, conceded that it contained some "very harsh" allegations against Israel.
RELATED

* Editorial: Goldstoned
* The key recommendations of the committee
* IDF accused of unjustifiably killing civilians in Gaza offensive
* Mounting troubles with the Int'l Criminal Court
* Goldstone: Israel should cooperate
* Video: UN: IDF and Hamas committed war crimes during Gaza war

She said she planned to host her parents in Toronto for Rosh Hashana, and that while speaking with her father following the report's release, he had quipped, "Are you sure we can still come?"

Nicole insisted that the fact the report also accused the Palestinians of crimes against humanity showed that her father tried to be balanced.

"I am not angry with him. I love him and respect him," she said.

"He is a Zionist," she added. "My dad loves Israel and it wasn't easy for him to see and hear what happened. I think he heard and saw things he didn't expect to see and hear, and I am 100 percent sure he [conducted the investigation] in the hope that the Israelis would come to cooperate, and he wanted to help find a long-term solution for the state of Israel."

Nicole, who lived in Israel for six months, said that the country "is the most important thing in my life, my heart is there.... I love Israel more than my family and friends and anything else."

Posted comments
308. 291Goldstone is a zionist! If he couldn't whitewash Israels crimes NO ONE could!
lydia - (09/20/2009 05:00)
307. daddy's little angel
Avi - Israel (09/20/2009 04:15)
306. Goldstone
Suzanne - Israel (09/18/2009 16:53)
305. A man seeking justice
Giorgio - (09/18/2009 15:07)
304. Love for Israel?
nora - italy (09/18/2009 12:33)
303. to #291, thank you
Erica - US (09/18/2009 09:44)
302. and David Berkowitz
Erica - US (09/18/2009 09:42)
301. Like father like daughter
J. Arish - (09/17/2009 23:40)
300. Vengence Is Mine, saith the Lord God.
Tom - (09/17/2009 19:55)
299. Tell your dad not to level the victim to the attacker
Beni - Brazil (09/17/2009 18:52)
298. Goldstone is a court Jew in more ways than one & may very well end up like most Court Jews of yore. Remember Jud Suess & others like him who
Tee Gee - Israel (09/17/2009 18:48)
297. Goldstein is a Court Jew in more ways than one & might very likely end up like most Court Jews of yore! Remember Jud Suess & many other Jews who
Tee Gee - Israel (09/17/2009 16:46)
296. Jewish persecution, guilt, and a misplaced fear of retrubution.
David J Feiger - USA (09/17/2009 16:37)
295. NICHOLE the problem is that you father does not know Islam. He does not know the nature of this enemy that we face. See comment.
philososky - USA (09/17/2009 16:16)
294. Jewish persecution, guilt, and a misplaced fear of retrubution.
David J Feiger - USA (09/17/2009 16:03)
293. Her Daddy may love Israel, like any liberal Jew wearing unrealistic blinders.
Claudia - USA (09/17/2009 15:59)
292. Your father should face charges pressed by Israel for having libeled its government officials and Israel Defence Forces personnel. I strongly suggest
Gabi - Hod Hashron, Israel (09/17/2009 15:46)
291. Goldstone
Emanuel Stock - USA (09/17/2009 15:44)
290. #272 Zev, Switzerland getting real about Swss war crimes not Israeli.
David J Feiger - USA (09/17/2009 15:34)
289. Golstone
Jason - Israel (09/17/2009 15:29)
288. All of these war crimes people are idiots
Alan - USA (09/17/2009 15:26)
287. As long as you can pretend?
John B - Europe (09/17/2009 15:15)
286. True colours emerging
John B - Europe (09/17/2009 15:11)
285. "I love Israel more than my family and friends and anything else."
irony - (09/17/2009 14:49)
284. A Zionist Working For Anti-Zionists?
Not Jewish - USA (09/17/2009 13:56)
283. I would hate to be his daughter,I really feel sorry for her,this is a stench that will never go away.
Yoav Naor - Israel (09/17/2009 13:52)
282. Goldstone, you are now from today " COPPERSTONE", , no shine at all shame on you
M. a real Jew - Mexico / Jerusalem. (09/17/2009 13:33)
281. Self hating jew is more danger to Israel security than Hamas
Abesha - (09/17/2009 13:04)
280. Collaborating with the worst enemies of the Jewish people and its nation-state, Israel, is not a form of being "Zionist" and "Israel lovers"!!!
Eitan - Qatzrin, Israel (09/17/2009 12:00)
279. #272 I agree, all the Jews in Germany, Austria and Switzerland should bow their heads in shame
Jonathan - Occupied Native American Indian Territory (09/17/2009 11:40)

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INTERNATIONAL COURT FAVORS DICTATORS
Sep 15, 2009 21:53 | Updated Sep 17, 2009 6:36
Mounting troubles with the Int'l Criminal Court
By BRETT JOSHPE

Article's topics: Richard Goldstone, Cast Lead, International Criminal Court

This piece was submitted before the Goldstone Report was released on Tuesday afternoon
Explosion from IDF artillery...

Explosion from IDF artillery fire in Gaza during Cast Lead.
Photo: AP

Two things are happening on different sides of the Atlantic Ocean at the moment that bode poorly for freedom, democracy and defeating terror. As many are aware, US Attorney-General Eric Holder has appointed a special prosecutor to investigate whether CIA interrogations of al-Qaida members warrant criminal charges. Second - and less well publicized - the International Criminal Court's prosecutor, Luis Moreno-Ocampo, is contemplating whether the ICC has jurisdiction to investigate and potentially prosecute Israelis for alleged acts committed in Gaza during Operation Cast Lead.

The latter is troubling not just because an international tribunal is targeting the US's closest ally for waging a legitimate war of self-defense against terrorism. An overreaching ICC also has important implications for US officials. For one, the CIA issue could appear before the ICC at some point as well, despite the fact that the US - like Israel - is not currently a signatory to the court. Ocampo just announced that he was looking into possible war crimes committed by NATO soldiers, including Americans, in Afghanistan, which could foreshadow an investigation into other alleged "crimes" committed by US personnel.

WITH AN internationalist mentality that dominates his administration, President Barack Obama seems incapable of standing up either to far-left domestic or international pressure. Despite his pledge to "look forward" after the Bush administration, he is now squarely embroiled in the dirtiest kind of political fight, the kind that could lead to criminal charges. Furthermore, investigating CIA interrogations will undoubtedly chill future intelligence probing and hamper America's ability to collect information on possible terrorist plots.
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Which is why, legally, the implications for the administration's recent decision to launch an investigation could be even greater than first realized. An American prosecutor should recognize the political radioactivity of pursuing Bush administration or CIA officials for trying to extract information from suspected terrorists. Americans, by and large, will not support it, and there will be a political price to pay. That is why it may easier to punt the issue to the ICC. Doing so would enable the Obama administration to disclaim responsibility for the decision, hence washing its hands partially of the investigation it started.

It would also serve as a huge concession to the far-left, which has sought ICC accession since the court's creation in 2002. Secretary of State Hillary Clinton has already expressed "great regret" that the US is not a signatory to the court. State Department legal adviser Harold Koh, also known for his internationalist views, criticized the Bush administration for "attacks on... the International Criminal Court," while also acknowledging that "the US government has long expressed concern about the authority of the ICC prosecutor to initiate investigations of US soldiers and government officials stationed around the world."
The International Criminal...

The International Criminal Court in The Hague.
Photo: Courtesy

The ICC's prosecutor is perilously close to doing exactly that with Israel. Organizations like Amnesty International and Human Rights Watch, which are also highly critical of the US, are making wildly inaccurate accusations that Israelis committed war crimes and crimes against humanity during Operation Cast Lead. They continue to meet with Ocampo and publish reports urging him to initiate an investigation. Richard Goldstone's much-anticipated report to the United Nations Human Rights Council published yesterday said that both sides committed "war crimes" as well as "possibly crimes against humanity." The report, whose original mandate was only to investigate wrongdoing on the part of Israel, is likely to provide additional encouragement to Ocampo to move forward.

MEANWHILE, OBAMA continues to face domestic pressure from his liberal base on issues like health care and international affairs. If the US were to join the court or even allow it to investigate alleged interrogation abuses on an ad hoc basis, which is permitted under the Rome Statute, it would assuage the far-left, while further crippling our military apparatus and subjecting US officials and soldiers to second-guessing from unaccountable international bureaucrats. Yet it could happen, as it would satisfy some liberals' insatiable desire for some Bush administration flesh and provide the ultimate US mea culpa to the world community, while passing the ultimate decision whether to prosecute to an outsider.

It is shameful that Obama is not standing up, both to domestic and international pressure, and defending Israelis and Americans who risk their lives fighting for freedom. The war on terror is daunting enough without getting kicked in the gut by the very system and people they are protecting.

The writer is an attorney and author in New York City. He recently co-authored a memorandum of law that was submitted to the International Criminal Court.


35. A Proportionate Response
A. Shore - US (09/18/2009 18:38)
34. To Mr. Daran - UK
Gee - (09/17/2009 21:30)
33. So far the only person comitting crimes against humanity is Obama
Dave - (09/17/2009 19:26)
32. To Mr. Daran - UK
Robert Makoi - Solomon Islands (09/17/2009 15:51)
31. Dear Mr. J. Abramoff
Robert Makoi - Solomon Islands (09/17/2009 15:44)
30. Want a job with great perks?
Sylvia - US (09/17/2009 08:01)
29. How many other nations gave lives, that Jews could live in peace Michael?
Daran - UK (09/17/2009 05:50)
28. 24. Israel should initiate charges in the ICC against Amnesty International and Human Rights Watch for ALL counts of false accusations and libel
Terry - (09/17/2009 01:30)
27. 22 Morton Friedman In short, there is only one International Law, and that is Might Makes Right.
Terry - (09/17/2009 01:11)
26. To Daran in the UK
Michael - (09/16/2009 22:12)
25. TERRORISM IS WINNING - THIS IS SCAREY!
An Israeli - Israel (09/16/2009 20:53)
24. Israel should initiate charges in the ICC against Amnesty International and Human Rights Watch for ALL counts of false accusations and libel.
Dave in the US - (09/16/2009 20:45)
23. RE: Y. Kreminsky - Israel: Signatory or not, Israelis prosecuted would face arrest in countries that are signatories. That's the point.
Dave in the US - (09/16/2009 20:41)
22. To Have a Court
Morton Friedman - USA (09/16/2009 20:30)
21. what junk
eliot - (09/16/2009 20:06)
20. #2 - and the Egyptian border with Gaza?
Stanley T - (09/16/2009 18:24)
19. #9, #13, & !5: You Have Already Lost To The Legal Beagles ...
Dovid ben Menasha - USA (09/16/2009 18:14)
18. Vacation Destinations
bannister - USA (09/16/2009 18:09)
17. ICC
Renny - Israel (09/16/2009 16:31)
16. People in glass houses should not......
joel joseph - england (09/16/2009 12:05)
15. So if Israel is not a party to the ICC, we can (and should) politely tell them to go to Hell
Y. Kreminsky - Israel (09/16/2009 10:30)
14. #2 WMD
Joseph - UK (09/16/2009 09:31)
13. ICC jurisdiction
Dov Zeichner - USA (09/16/2009 04:15)
12. #2
Thomas - U.S.A. (09/16/2009 03:57)
11. The inmates are taking control
Jonah in Jamaiac - USA (09/16/2009 03:59)
10. THE ICC will be used for anti west political uses
arthur - usa (09/16/2009 02:34)
9. ICC
Dov Zeichner - USA (09/16/2009 02:22)
8. Biased commission, missed opportunity
Hunt S. Cross - England (09/16/2009 02:08)
7. the planned destruction of the west
arthur - usa (09/16/2009 01:51)
6. No man is an island...
HPL - USA (09/16/2009 01:48)