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UN Gaza Report Co-Authors Round on Goldstone
Exclusive: Three mission members say calls to recant UN report disregard the rights of Palestinian and Israeli victims
Three members of the UN fact-finding mission on the Gaza war of 2008-09 have turned on the fourth member and chair of the group, Richard Goldstone, accusing him in all but name of misrepresenting facts in order to cast doubt on the credibility of their joint report.
Richard Goldstone has said he regrets the report's suggestion that some Israelis were responsible for potential war crimes. Though they do not mention Goldstone by name, the other co-authors of the report shoot down several of the main contentions in his article and imply that he has bowed to intense political pressure. (Photograph: Fabrice Coffrini/AFP/Getty Images) In a statement to the Guardian, the three experts in international law are strongly critical of Goldstone's dramatic change of heart expressed in a Washington Post commentary earlier this month. Goldstone wrote that he regretted aspects of the report that bears his name, especially the suggestion that Israel had potentially committed war crimes by targeting civilian Palestinians in the three-week conflict.
The three members – the Pakistani human rights lawyer Hina Jilani; Christine Chinkin, professor of international law at the London School of Economics; and former Irish peace-keeper Desmond Travers – have until this moment kept their silence over Goldstone's bombshell remarks. But their response now is devastating.
Though they do not mention Goldstone by name, they shoot down several of the main contentions in his article and imply that he has bowed to intense political pressure.
They write that they cannot leave "aspersions cast on the findings of the [Goldstone] report unchallenged", adding that those aspersions have "misrepresented facts in an attempt to delegitimise the findings and to cast doubts on its credibility".
In their most stinging criticism, the three joint authors say that "calls to reconsider or even retract the report, as well as attempts at misrepresenting its nature and purpose, disregard the rights of victims, Palestinians and Israeli, to truth and justice". They point to the "personal attacks and the extraordinary pressure placed on members of the fact-finding mission", adding that "had we given in to pressures from any quarter to sanitise our conclusions, we would be doing a serious injustice to the hundreds of innocent civilians killed during the Gaza conflict, the thousands injured, and the hundreds of thousands whose lives continue to be deeply affected by the conflict and the blockade".
The four-person fact-finding mission was set up to look into allegations of war crimes committed by both Israel and Hamas during the war in which 1,400 Palestinians – at least half of whom were civilians – and 13 Israelis died. The Goldstone report concluded that some Israelis could be held individually criminally responsible for potential war crimes.
In his Washington Post article, Goldstone said evidence had since come to light as a result of subsequent Israeli military investigations into the conflict that showed that Israel had not targeted civilians as a matter of policy. Had he known that then, "the Goldstone report would have been a different document," he wrote.
Goldstone's apparent retraction of key elements of the fact-finding mission he led was seized upon with delight by the Israeli government which called for the report to be set aside in the light of his comments. An Israeli minister claimed that Goldstone had himself promised to work to have his own report "nullified".
But his three fellow members of the mission state that they "firmly stand by" the conclusions of the report. They say that neither Israel nor Hamas has come up with any convincing evidence contradicting the findings.
The three authors cite the final UN report into the Gaza war, written by a follow-up committee led by Judge Mary McGowan Davies, that criticised Israel for the slow pace with which it conducted its investigations and for its refusal to address some of the most serious allegations about its conduct. "The mechanisms that are being used by the Israeli authorities to investigate the incidents are proving inadequate to genuinely ascertain the facts and any ensuing legal responsibility."
The statement of Jilani, Chinkin and Travers will set back any attempt by Israel to have the Goldstone report revoked. The UN human rights council, which commissioned the fact-finding mission, has already made clear that the report could only be withdrawn if all four of its authors unanimously made a formal written complaint or if the UN general assembly or human rights council voted to drop it.
The Palestinian Authority welcomed the statement from the three members of the mission. A spokesman said: "[It is] as an important reminder of what matters – that the truth must be established and justice done. It is very disturbing that members of the committee say they have been put under pressure to sanitise their conclusions.
"Israel must not be allowed to influence the outcome of what needs to be an objective process. Nor must Israel be allowed to investigate its own actions and find itself not guilty. We pay tribute to those members of the committee who have the courage to resist Israeli pressure and insist that justice must be done."
The Israeli government responded to the latest developments by restating its view that the Goldstone report was flawed from the outset.
"Israel's position on the Goldstone report and the whole process that established the committee has not changed. The establishment of the committee was based on fundamental flaws of the United Nations human rights council. The report was handled in a highly politicised manner by a council lacking in moral authority," said a spokesman for the Israeli ministry of foreign affairs," said a spokesman for the Israeli ministry of foreign affairs.
"We believed that the methodology, workings and findings of the committee were mind-bogglingly distorted. All this is still valid as is Israel's commitment to investigate itself regardless of resolutions by any foreign body. We believe that our investigations and our transparency in carrying those out are the best reproach to any criticisms of Operation Cast Lead."
Read the full statement by Jilani, Chinkin and Travers
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28 Comments so far
Show AllWill this statement by the three other members be given the same M$M attention that was given to Goldstone's comments?
Perhaps, if their names had been Jilaniberg, Chinkinfeld, and Traverstein.
no it won't be covered
the control that zion exercises over the fawning corporate media is complete and total - so no, there will be no clarification
it is obvious that goldstone has succumbed to the vile and pernicious attacks on his person from the right wing zionists - he held out for a year but has given up the ghost
he is a self-declared zionist and supporter of israel but when he told the truth he was ripped apart by the israeli state in shocking and racist terms
he was declared a "SELF-LOATHING JEW" by zionist shill dershowitz - a canard he uses to deflect the observations of many fair minded jews such as noam chomsky and norman finklestein
the zionists are more racist and hateful than the most illiterate bubba you can find in backwoods arkansas
True. On the other hand, there's this old saying about heat and kitchens . . . Goldstone should've known what he'd be up against for not toeing the Israeli line.
One event that may have been denied by the Israelis (I don't know) but has been thoroughly investigated is the slaughter at the Samouni farm grouping outside of Gaza City in January of 2009. While the attack on the farm may have been motivated by defense concerns because of its location near the Israeli border, the act itself has all the characteristics of a war crime. I remember when it was reported in the UK Telegraph.
http://www.telegraph.co.uk/news/worldnews/middleeast/palestinianauthority/4290553/Gaza-Palestinian-family-mourns-48-dead.html
Part of the article quotes Zahwe, the wife of the farmer Atiyeh Samouni :
"We were terrified as shells hit the roof in other parts of the house but we thought we were lucky because they did not hit our room. Eventually we heard soldiers coming in and banging on the door at around 6.30am. Atiyeh went to the door with his hands raised holding his ID but they shot him in the doorway and he fell forward."
Her child Amed was killed in the house..
"I carried him in my arms still bleeding and we had to step over the body of his father,.."
48 members of the extended family farmstead died. There were many other such incidents.
What did the Israelis do to get Goldstone to ignore this with his withdrawal of war crime judgments?
He has been attacked constantly and ferociously from the moment the report was published. The extremity of the abuse heaped on him, its hysterical tone and the personal nature of the venom expressed was so great I am not surprised he caved in. But I am disappointed. And unfortunately the pro Israel lobby will bury this principled response, while highlighting the craven retraction. He has done far more harm than good, in the end.
given the effect of the goldstone report on public opinion--which I think was unexpected by Israel--i'm sure someone's family had to be threatened.
wouldn't be the first time for those scum.
off topic: anyone else having serious problems with facebook xd fragments on this site? i'm getting pounded by this bug.
Doesn't matter; the damage has been done.
It's also worth noting that the three co-authors took their sweet time putting this statement together -- more than long enough for the Israeli propaganda victory to sink in.
Have you considered that these three people - whose responsibilities probably keep them quite busy - felt the need to take the time to compose a coordinated and effective response (which they did)?
Had they issued their response on the same day as Goldstne's retraction, the US mainstream media would still have ignored it and the Zionists would still have claimed a "propaganda victory."
q
A same-day response would've been ridiculous; it would've been buried even in Al Jazeera. However, theirs is the kind of response that could've been formulated and released in three or four days.
In three or four days if all of them had nothing else to do.
Your complaint is ridiculous.
q
How seriously did they take their own report?
"We believe that our investigations and our transparency in carrying those out are the best reproach to any criticisms of Operation Cast Lead."
Lead. Sure is transparent.
It matters not what anyone says. The Israeli-Zionists true intent always has been and always will be to remove the entire Palestinian population from The Sea to The River. They have never intended to share Palestine in any way with anyone who is not jewish. When will the rest of the world wake up to this fact? Operation Cast Lead was just another slaughter to reach this goal.
They'll notice, maybe, when there are no Palestinian in Palestine...
Actually, the whole purpose of bulldozing Palestinian homes, neighborhoods, and entire towns is to ensure that they WILL NOT notice.
corvo
.........and no one did.
Exactly!
Zionism is based on racism and exclusion defined as a sense of divine superiority
and sacred entitlement. (Much derives from the US tradition of Manifest Destiny.)
I support the establishment of a sovereign State of Palestine as Hamas has
proposed. Israel refuses meaningful negotiation. Israel's "negotiation" is a nego-
tiation for UNCONDITIONAL SURRENDER. Why (they think) should Israel
concede anything at all which is devinely theirs? And when the US will veto
any and all attempts to condemn Israel for its actions, as it did on February 18,
2011. Every other Security Council member voted to condemn Israel. Every one!
email:peterloeb@yahoo.com
I agree with the preceding comments, especially Briar (9:34 am).
The scurrilous, vituperative negative feedback heaped upon Judge Goldstone by Zionist supporters of Israel worldwide -- including being socially ostracized, summarily removed from Hebrew University’s Board of Governors, and incessantly facing rabid protestors and hecklers during public appearances-- is outrageous and indefensible.
The price Goldstone has paid for walking boldly into the lions' den shouldn't be ignored or trivialized.
Still, the fact remains that this "blowback" was entirely predictable; Hell hath no fury like a "Good Israeli" scorned, and it's inconceivable that Goldstone wouldn't have expected it.
The blighted government of Israel and its stalwart supporters are simply unable to admit the barest possibility that it does not always unequivocally and incontestably occupy the moral high ground.
That Goldstone was worn down from the heinous, punitive negative reaction to his efforts to a point where he felt compelled to distance himself from the report that bears his name is understandable, but still unfortunate, tragic, and disappointing.
For further thoughtful and insightful analysis of this debacle, see:
“Judge Goldstone Revisited” by Uri Avnery* and “The Tragedy of Judge Goldstone” by Lawrence Swaim**
* http://www.counterpunch.org/avnery04122011.html
** http://www.counterpunch.org/swaim04082011.html
Well, they took their time to get out a statement, but it pays to get it right. Carefully worded and free of the kind of hysterics which followed Goldstone's "retraction," it is unequivocal: the Fact Finder Report stands.
...
Soon there will be an International Court for War Crimes; and Netanyahu, Lieberman, and the Fascist Thugs who are the present Israeli Cabinet will be charged for the murders of 1700 innocent civilians in Gaza !!!!!!!!!!!!!
JAM4,
Don't wait for it, never happen. If it ever comes about, it will include Dubya, Obama and not forgetting Cheney and Rumfeld.
Did you remember about a few months ago Dubya decided not to go to a certain EU country knowing they might detain him for crimes against humanity?
Goldstone went from being a Jew to being a Zionist. Shame on him and shame on those who pressured him. Another reason to oppose the Israeli government's existence!
"Goldstone went from being a Jew to being a Zionist."
Really... I didn't realize that the two were mutually exclusive.
In fact...
The infamous Balfour Declaration of 1917 did not promise the Zionists a Jewish state, only a homeland. Theodore Herzl, the founder of Zionism, was in London at the time. When he was asked what he thought of the Declaration he answered: "It is only half a loaf. We will accept it and take the other half later".
The most asinine aspect of the Declaration was that the territory designated as "homeland" was still legally under Ottoman control.
All members of the United Nations, that most criminally dysfunctional of international organizations, could have therefore known what was going to happen when they agreed to the jig-sawing of the Mandate of Palestine in 1947.
mr goldstone believes that ' Israel had potentially committed war crimes by targeting civilian Palestinians in the three-week conflict' . I commend his honesty and bravery . Then , He said "evidence had since come to light as a result of subsequent Israeli military investigations ...'' and when you or your family's lives are in danger you will say what you are told , That too is commendable with the Mossad stalking his every move. Stay alive to fight(w/pen) another day .
great link !! ; http://www.counterpunch.org/avnery04122011.html