Israel has gone on the offensive after Richard Goldstone admitted “regret” over parts of the UN-report investigating Israel’s War on Gaza that carried his name — but critics charge that Israel is overplaying Goldstone’s comments.
Thalif Deen, last updated: April 13, 2011
Inter Press Service
The Israeli government and South African jurist Richard Goldstone may be heading for a political confrontation over war crimes charges against Tel Aviv and a subsequent selective retraction of some of those charges.
Israeli President Shimon Peres told reporters Friday that Goldstone, who has expressed his "regrets," is apparently refusing to "correct the mistakes" and is unwilling to repudiate the conclusions of the report.
The 575-page report, released in September 2009, was a blistering attack on both Israel and the Palestinian militant group Hamas for war crimes committed during the 22- day conflict in 2008-2009.
In his report, Goldstone made some 400 accusations against Israel, Peres said. "We checked each one of them — with facts on the ground," and only three were valid, he added.
Peres also said that Israel conducted its own investigation of the charges and produced a report. "But Hamas did not."
Asked why Israel is complaining about an investigation with which it had refused to cooperate in the first place, Peres would only say: "It is not a matter of jurisdiction."
In an op-ed piece in the Washington Postlast week, Goldstone wrote: "We know a lot more today about what happened in the Gaza war of 2008-09 than we did when I chaired the fact-finding mission appointed by the U.N. Human Rights Council that produced what has come to be known as the Goldstone Report."
"If I had known then what I know now, the Goldstone Report would have been a different document," he wrote.
Goldstone said Israel did not intentionally target civilians as a policy during the Gaza War — a retraction from the original charge.
Meanwhile, Israeli Prime Minister Benjamin Netanyahu has called on the United Nations to repudiate and withdraw the Goldstone Report.
Asked for his comments, U.N. Deputy Spokesperson Farhan Haq told IPS the Goldstone Report and its follow-up were commissioned by the Human Rights Council, in Geneva, and therefore the Council should decide how to proceed with that process.
"The secretary-general (Ban Ki-moon) believes that it is fundamentally important for the parties to conduct independent and credible investigations," Haq said.
The secretary-general is glad that the most recent U.N. follow-up report has recognized Israel's efforts in this regard, while noting that most investigations are still ongoing, he added.
"It is logical that Judge Goldstone would himself acknowledge these efforts, and would also acknowledge that his report would have benefited from the full collaboration of the Israeli side, which both he and the secretary-general had encouraged from the outset," Haq said.
During the ruthless 22-day military operation in 2008-2009, codenamed “Operation Cast Lead,” the Israelis destroyed houses, factories, wells, schools, hospitals, police stations and other public buildings in occupied Gaza.
The number of Palestinians killed during the conflict was estimated at between 1,387 and 1,417, mostly civilians, compared with four Israeli fatal casualties in southern Israel and nine soldiers killed during fighting, four of whom died as a result of friendly fire.
The Israeli government has been mining Goldstone's op-ed piece, pointing out that it is more sinned against than sinning.
But Goldstone is refusing to go beyond what he has said in the Postarticle.
Peter Weiss, vice president of the Centre for Constitutional Rights, told IPS the official Israeli reaction "deliberately distorts his op-ed".
Goldstone only retracted one charge — that Operation Cast Lead deliberately targeted civilians.
"But the report is replete with various instances of war crimes, for which intent is not required," said Weiss, who also serves as the president of the Lawyers Committee on Nuclear Policy and is a member of the executive committee of Americans For Peace Now.
"And Goldstone says that, two years after the event, the investigations of those crimes have not led to prosecutions," he added.
Also, his "attack" on Hamas merely states the obvious fact, already mentioned in the report, that launching weapons on purely civilian targets constitutes a war crime, Weiss declared.
The report, authored by a four-member international fact-finding mission headed by Goldstone, details war crimes charges against both Israel and Hamas.
The U.N. mission, and specifically Goldstone, was politically crucified by pro-Israeli groups in the United States.
The U.N. mission recommended that the Security Council require Israel to report to it, within six months, on investigations and prosecutions it should carry out with regard to the violations cited in the report.
The report also recommended that the Security Council set up its own body of independent experts to report to it on the progress of the Israeli investigations and prosecutions.
If the experts' reports do not indicate within six months that good faith, independent proceedings are taking place, the Security Council should refer the situation in Gaza to the Prosecutor in the International Criminal Court (ICC), the report recommended.
But the report's strongest indictment is not against Hamas but against the state of Israel, which is accused of imposing a blockade on Gaza "amounting to collective punishment" carried out as part of a "systematic policy of progressive isolation and deprivation of the Gaza Strip".
The report was favorably voted by the 47-member Human Rights Council in Geneva: 25 in favor, six against, 11 abstentions and five no-shows.
It also received overwhelming support in the 192-member General Assembly: a vote of 114 in favor and 18 against, with 44 abstentions.
The 15-member Security Council debated the report but refused to take a vote, primarily because of opposition by the United States, a veto-wielding member of the Council, which has traditionally been protective of Israel.
The administration of U.S. President Barack Obama said the charges of war crimes in the Goldstone Report should be within the purview of the Human Rights Council, not the Security Council.
The report was also the subject of a vote in the U.S. House of Representatives, traditionally sympathetic towards Israel. That vote, condemning the report, was 344 in favor and 36 against.
Rep. Ed Royce (R-CA) is a staunch foreign policy hawk who is regarded by some on the right as a “model of the modern major foreign policy leader.” An opponent of the Iran nuclear deal, he said earlier this year that it would be a “good idea” for Congress to pass an Authorization for the Use of Force resolution on Iran, which would allow the president to launch military strikes against the country. During the recent fight over the Iran deal in Congress, Royce introduced legislation in the House aimed at preventing the agreement from being implemented.
Since the defeat of the Romney-Ryan ticket in the 2012 presidential election, Rep. Paul Ryan (R-WI) has taken to regularly criticizing the Obama administration’s foreign policy, deriding it as “weak and indecisive” and arguing that Obama should take more “action” abroad. He has also opposed the Iran deal and called for Congress to “strengthen sanctions regimes” on Iran, a move most experts believe would derail the agreement and put the United States on a dangerous path of escalation with Iran.
Uber-hawk Rep. Illeana Ros-Lehtinen (R-FL) has used characteristically hyperbolic rhetoric to denounce the Iran deal, calling it “madness” and saying it “simply defies logic.” She has teamed up with neoconservative and Islamophobic figures like Frank Gaffney to lambast the deal, telling Gaffney in a recent interview that she hopes his Center for Security Policy can “communicate clearly and in an articulate manner to your listeners what this deal means to them.”
Since its founding in 2011, the right-wing advocacy group Secure America Now has made a name for itself by publishing biased, wildly inaccurate “push polls” and running over-the-top ads criticizing the Obama administration’s security policies. “This might be the only ad you'll ever see that complains aloud, 'He shut down the black sites!’” quipped one commentator about an ad the group ran in 2012. The organization recently produced a remake of the infamous Lyndon Johnson ad “Daisy,” which wildly accuses the Obama administration of “failing” to stop “the jihadist government of Iran” from getting “a nuclear bomb.” Noting the many factual errors in a website linked to the video, one observer noted, “It’s not surprising, then, that this group would revive an attack ad that sought to portray a presidential contender as dangerously eager for confrontation to attack a president for being too soft.”
Israeli ambassador to the United States Ron Dermer has spurred controversy for his hyper-partisan approach to diplomacy and deep ties to rightwing factions in the United States. After Israeli Prime Minister Benjamin Netanyahu was reelected in March 2015, prominent voices in the United States and Israel called for Dermer to be replaced. One member of the Israeli Knesset exclaimed that Dermer “risks the state of Israel.” Dermer recently called the Iran deal a “disaster of historic proportions.”
For media inquiries,
or call 202-234-9382.
October 02, 2015
Israeli Prime Minister Benjamin Netanyahu’s hostile speech before the UN General Assembly will only increase Israel’s isolation on the world stage.
September 30, 2015
AIPAC spent at least $14.5 million on TV ads from mid-July to mid-September in its failed attempt to convince members of Congress to derail the Iran nuclear deal.
September 30, 2015
The real danger of propaganda, whether in the United States or elsewhere, comes when you start believing your own spin.
September 30, 2015
On-going crises in the Middle East, ranging from the Israel-Palestinian conflict to the war in Syria and Iraq, are resulting in the remapping of the entire region.
September 29, 2015
Now that overwhelming majority of countries in the Middle East have come out in support of the Iran deal, it is necessary for these countries to cooperate more broadly to resolve regional issues.
September 22, 2015
AIPAC found itself in a tough spot over the Iran deal not only because of donor pressure, but also because of the maximalist positions taken by Israeli Prime Minister Benjamin Netanyahu on the Iran negotiations.
September 22, 2015
America’s inexhaustible capacity for interfering in far-flung places may not be a sign of a dynamic civilization, but of a fatal flaw.