The Goldstone show-trial
By Melanie Phillips, Spectator
In the wake of Israel’s Operation Cast Lead in Gaza at the turn of this year, the UN’s satirically named ‘Human Rights Council’ set up what purported to be an objective, fact-finding commission of inquiry under Richard Goldstone, former chief prosecutor for the International Criminal Tribunals for the former Yugoslavia and Rwanda and a judge of the South African Constitutional Court.
The degree of objectivity on this Commission can be gauged from the mandate it was given by the UNHRC, which announced it was dispatching an urgent, independent international fact-finding mission, to be appointed by the President of the Council, 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, and calls upon Israel not to obstruct the process of investigation and to fully cooperate with the mission.
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.
Israel, of course, no longer occupies Gaza. Nor was it guilty of aggression: it was instead defending itself against the aggression of Hamas who had fired some 6000 rockets at Israeli citizens. Nor did it commit any violations of international law and human rights: it was Hamas who did so repeatedly — not just against Israel but also the Arab inhabitants of Gaza who were used as human shields and mass hostages – and then made false accusations against Israel of committing such violations, falsehoods promulgated as true by the UN.
But the aggression and human rights violations committed by Hamas – the cause of the conflict – weren’t even to be considered by this objective, fact-finding Commission. Having been set up on the premise that Israel was guilty, it was directed to gather evidence to support the conclusion that had already been reached. As the Queen in Alice might have said, ‘verdict first, evidence afterwards’. Unless Goldstone has torn up the terms of his mandate, his Commission will possess all the objectivity of the show-trials of Stalin.
Publication of this kangaroo court’s report is imminent. There are even suggestions swirling today that it is to be published tomorrow – on the Jewish sabbath, when neither Israel nor the Jewish world can properly respond. That would be entirely in keeping with the malevolent racism and cynicism of this entire operation.
Goldstone himself is utterly compromised by accepting the terms of this rigged mandate which is an affront to justice. As Eye on the UN reports, although he claims to have changed this mandate through informal conversations, this is a load of hooey:
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Goldstone, a lawyer and former judge, knows full well that he has no jurisdiction or authority to change the mandate either alone or in informal conversation with anyone. His claims to the contrary, therefore, are a serious ethical and legal breach both to the critics who have accused him of assuming a position tainted from the outset, and to the Council itself.
Now look at the objectivity of the other members of the Commission. Like Goldstone, Ms Hina Jilani and Col Desmond Travers signed a letter last March stating that events in Gaza had ‘shocked us to the core’ and calling for an investigation into ‘crimes perpetrated against civilians by both sides.’ So all three have already declared Israel guilty of such crimes – and as for the other side, their abuses lie outside the Commission’s scope.
Now look at the fourth member of this objective ‘fact-finding’ Commission, Christine Chinkin, Professor of International Law at the London School of Economics.
Last January, she signed a letter in the Times which stated: ‘Israel’s bombardment of Gaza is not self-defence - it’s a war crime.’ It went on: ‘The rocket attacks on Israel by Hamas deplorable as they are, do not, in terms of scale and effect amount to an armed attack entitling Israel to rely on self-defence…Israel’s actions amount to aggression, not self-defence’. Instead, ‘its invasion and bombardment of Gaza amounts to collective punishment of Gaza’s 1.5m inhabitants contrary to international humanitarian and human rights law’.
The letter also referred to ‘the killing of almost 800 Palestinians, mostly civilians’; yet Israel’s official breakdown of Palestinian casualties in Operation Cast Lead showed the vast majority of Palestinians killed were terrorists:
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According to the data gathered by the Research Department of the Israel Defense Intelligence, there were 1166 names of Palestinians killed during Operation Cast Lead. 709 of them are identified as Hamas terror operatives, amongst them several from various other terror organizations. Additionally, there are 162 names of men that have not yet been attributed to any organization. Furthermore, it has come to our understanding that 295 uninvolved Palestinians were killed during the operation, 89 of them under the age of 16, and 49 of them were women.
Israel has also published an authoritative justification of its actions in Gaza under international law. In other words, the letter signed by Chinkin (and other lawyers) was a deplorable farrago of bigotry and ignorance, derived from the boilerplate hostility towards Israel which is now the orthodoxy amongst the British intelligentsia.
Nevertheless, 19 British lawyers and academics have now signed an open letter to Chinkin calling upon her to disqualify herself from the Commission on account of her extreme bias. They write:
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Judge Richard Goldstone, as head of the mission, promised at the outset that it would be impartial. Impartiality requires that fact-finders be free of any commitment to a preconceived outcome. Because you expressed yourself on the merits of the issues prior to seeing any of the evidence, you cannot be considered impartial.
…As a professor of international law at the London School of Economics, you must recognize that your actions have given rise to a reasonable apprehension of bias. As colleagues in the law and academia, each of us committed to fairness and the principle that justice must be seen to be done, we are disappointed that you have refused to step down. Your continued participation necessarily compromises the integrity of this inquiry and its report.
Now look at the witnesses who gave ‘evidence’ at this show trial. As NGO Monitor has detailed, many of those chosen to provide testimony in hearings held in Gaza and Geneva were officials from radical NGOs with long histories of anti-Israel campaigning – including Al Haq, the Alternative Information Center (AIC), and the Gaza Community Mental Health Programme (GCMHP).
One of the most influential of these NGOs, Human Rights Watch, has a long history of making misleading or false accusations against Israel. As NGO Monitor observes:
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Since the end of the Gaza conflict, HRW has issued multiple pseudo-research reports alleging Israeli ‘violations’ and ‘war crimes.’ These narrowly focused publications (on highly contested topics: white phosphorous , drones , and white flags ) were designed to maximize the NGO’s public relations campaign, and to advance the Durban Strategy of isolating Israel, despite a complete lack of evidence and substance. After pages of irrelevant details, the claims of ‘war crimes’ remain unproven.
Indeed, there is simply no evidence for them. They are smears. But Goldstone himself was actually a member of the HRW board, only resigning from it after his inquiry began. During the 2006 Lebanon War, when HRW was making a series of highly tendentious claims about Israel’s alleged human rights abuses Goldstone sprang to HRW’s defence. How then can he be an objective assessor of its evidence to his own Commission? NGO Monitor observes:
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* Human Rights Watch played a central role in the formation of the Mission, and in promoting the anti-Israel bias.The appointment of Goldstone, who was a member of HRW’s board and made numerous statements in support of HRW’s campaigns on Israel, reinforced this link. A number of HRW ‘research reports’ were published during this period in order to provide more ammunition to Goldstone and his colleagues.
* … The NGO submissions to the Commission, including from Diakonia and the International Commission of Jurists, consisted largely of emotive and anecdotal remarks, pseudo-legal and –technical rhetoric, and tendentious and irrelevant conclusions.
* … Seven political Israeli NGOs, funded by European governments and the NIF, submitted a joint statement, unsupported by credible evidence, claiming that Israel acted ‘punitively]’ and ‘deliberately and knowingly shelled civilian institutions.’
* Although the Palestinian Center for Human Rights (PCHR) is not listed among the witnesses, PCHR’s website claims to have provided the Commission with 75 minutes of testimony. PCHR was the logistical coordinator of the Arab League’s flawed Gaza investigation, and its publications consistently lack credibility and use the façade of research.
* In each of these aspects, the Goldstone Mission has violated the London-Lund guidelines for fact-finding committees, including objectivity, transparency, neutrality, and professionalism.
A profoundly biased commission having reached its conclusion before it even started finding out the ‘facts’, working to a mandate which declared Israel guilty and gave Hamas a free pass and required evidence to support this malicious falsehood, evidence which it has sought amongst witnesses who overwhelmingly had a history of extreme anti-Israel hostility: unless Richard Goldstone really has managed to change the terms of his mandate, ignored the malice of his witnesses and other commissioners, suppressed his own clearly expressed prior positioning and somehow produced a fair and balanced report, it looks like we are about to witness the next blood libel against Israel wrapped in the spurious mantle of legal and UN authority.
If so, it will set in train a new orgy of libellous Israel-bashing, inflaming not just the Arab and Muslim world to yet more genocidal terror but also inciting western public opinion to even more aggression against Israel and the Jews, and notching up yet another victory for the forces of darkness that now threaten the entire world.
The Goldstone Commission will have served its purpose of furthering the Arab war against Israel. That is the reason it was set up in the first place.
Comment by NormanF — September 14, 2009 @ 9:56 pm
Most of the world has always believed that Jews lack the right to self-defense.
Release of this bogus report will again provide the opportunity for Israel’s supporters to take the offensive against such anti-Semites.
The response must not be defensive (”We took extraordinary measures to avoid civilian casualties”).
The appropriate reaction is to declare that when Jews are attacked the attackers will be killed.
Place the onus on Goldstone and his fellow demagogic frauds.
If they really want to protect the Palestinians (which they don’t), there is only one way: convince Hamas and Fatah to stop attacking Israel.
Comment by ayn reagan — September 14, 2009 @ 10:31 pm
it is not ‘occupied fakestinian territory’ is is SACRED JEWISH LAND.
STOP THE ISLAMIC OCCUPATION OF THE SACRED, HISTORIC LAND OF THE JEWISH PEOPLE.
Comment by bugsy — September 14, 2009 @ 11:02 pm
http://www.think-israel.org/masada2000.fightfair.html
That Roman now sits in the State Department and the United Nations and every time Israel offers any half-hearted response to an attack on Jewish civilians, he keeps reiterating, “Israel is using excessive force — Jew, Fight Fair!”
What do they want from us? When Joseph’s Tomb* was ransacked, the yeshiva and synagogue burned to the ground, Jewish holy books desecrated, and Jews barred entry to this holy site, Israel set up a roadblock. Someone from the Coliseum screamed “Jew, Fight Fair!”
When Arabs tried to kill Jewish worshipers at the Western Wall and banned Jews from visiting the Temple Mount, the site of the JEWS’ first and second Temples, Israel again set up roadblocks, and someone from the Coliseum again screamed “Jew, Fight Fair!” Jews still can’t go to Joseph’s Tomb or on the Temple Mount and Israel still resorts to roadblocks and that someone is still screaming “Jew, Fight Fair!”
What do they want from us? When a sniper intentionally targets a baby and kills Shalhevet Pass in cold blood, Israel destroys a few buildings. From the Coliseum, someone screams “Jew, Fight Fair!”
A family driving home from Jerusalem was targeted; the mother and father shot to death and children seriously injured, and Israel “retaliated” by setting up an army lookout at the spot. This lame response only drew a louder “Jew, Fight Fair!!”
Two boys were exploring a canyon on the side of their town when they were beaten, tortured for hours, their faces and heads bashed in so that they were unrecognizable and their bodies mutilated mercilessly. In retaliation, Israel hunted down the leaders that gave the order to commit this atrocity, and the Coliseum is roaring with “Jew, Fight Fair!!”
In contrast, the U.S. sent over a thousand armed law enforcement officers in with heavy equipment and killed, instead of arresting, the Branch Davidians of WACO. Janet Reno admitted it, but called it a mere “show of force.”
When Israel’s streets were strewn with scattered body parts, Israel blows up some vacant buildings and sets up yet more roadblocks. The State Department considers that excessive force and George Mitchell and his “Report” screams “Jew, Fight Fair!”
You know what they want from us? They want us to react to the Arab murderers the same way that we did to the Nazis who tortured, mutilated, and killed over six million of us. Do NOTHING! We are too civilized to respond directly to the intentional slaughter of children and we even applaud granting the Nobel Prize to the killer of the Ma’alot children and numerous other women and children.
No, we Jews are civilized and after the Arabs kill the last Jew in Israel we are expected to collect money to make yet another memorial dedicated to the memory of murdered Jews THIS TIME at the hands of fanatic Arabs with genocide on their minds. If we do anything to avert this second Holocaust upon Jews, someone from the Coliseum will scream…”JEW, FIGHT FAIR!”
Comment by yamit82 — September 15, 2009 @ 1:45 am
Comment by ayn reagan — September 15, 2009 @ 3:47 am
You know, these trials and condemnations of Israel happen on such a regular basis, they ought to make a TV serial out of them. Maybe they can get some folks from American Idol and reality TV to spice up the cast, and hire a Hollywood consultant for their special effects. No more of these cheap shots, accusing Israel of blowing perfectly round holes through the roofs of ambulances, complete with screw holes and years-old rust around the edges. We need to see some “Star Wars”-caliber pictures of Israelis liquefying Palestinians with death rays.
Even after the additional embelishments, I think the UN’s ratings will continue to slide. Face it — the Pals are not good footballers. Until they can get a good team together, they won’t attract much of an audience: and if they want an American audience, they’ll have to learn gridiron. Goldstone monkey trials? Give me a break. Some people watch the Academy Awards, but I don’t. This is not international law: it’s mere entertainment, and not well presented at that.
Meanwhile, maybe Israel can raise some capital selling, “Basque Independence!” “Give the Silesians the Right of Return!” “Free Chechnya!” and “One Ireland!” T-shirts. There are so many “causes” and “occupations” going on in the world, it’s enough to make one’s head spin.
Comment by BlandOatmeal — September 15, 2009 @ 1:30 pm
Well the Shit is going down as I write. UN indicts Israel for War crimes and will try to drag Israel to the Hague to stand trial. Their wet dream is starting to come together.
UN Investigator: Israel, Hamas Committed War Crimes in Gaza
(IsraelNN.com) A report listing the findings of a United Nations investigation has accused the Israel Defense Forces of committing “actions amounting to war crimes” during Israel’s counterterrorist Operation Cast Lead in Gaza.
The U.N. probe was led by former South African judge Richard Goldstone, whose report said Israel’s actions might also be considered “crimes against humanity.”
Goldstone added in the report that the incessant rocket attacks on southern Israel’s civilian population that had sparked the military operation in the first place might also be considered war crimes.
“There is also evidence that Palestinian armed groups committed war crimes, as well as possibly crimes against humanity” by firing rockets and mortars at Israeli citizens,” according to the 575-page report. “Where there is no intended military target and the rockets and mortars are launched into civilian areas, they constitute a deliberate attack against the civilian population,” said the report. “These actions would constitute war crimes and may amount to crimes against humanity.”
Report Called Hamas Buildings ‘Civilian Objects’
The report, which cited seven incidents in which IDF soldiers allegedly deliberately gunned down PA Arab civilians as they ran for cover while waving white flags, will be presented to the U.N. Human Rights Council later this month.
The report also alleges “a director and intentional attack” on Gaza City’s Al Quds Hospital and the ambulance station next door. It also cited an incident in which it said that the IDF fired at a mosque during prayer services, killing 15 worshippers, and had shelled a house where soldiers had forced PA civilians to assemble in the Samouni neighborhood of Zeitoun, south of Gaza City. Also cited were accusations by PA Arabs that they had been used by IDF soldiers as human shields while their houses were searched.
In addition, the report condemned the IDF for attacking “buildings and persons of the Gaza authorities,” saying “there is no evidence that the Legislative Council building and the Gaza main prison made an effective contribution to military action,” and referred to both as “civilian objects.”
The investigators disregarded the fact that the Hamas terrorist organization that governs the Gaza region — and the buildings in question — were the source of the endless rocket and mortar attacks on Israel’s citizens that had sparked the military operation.
Israel: Mission was a ‘Kangaroo Court’
Israel’s Foreign Ministry, which had refused to cooperate with the investigation from the beginning, rejected the accusations.
“The mandate of the mission and the resolution establishing it prejudged the outcome of any investigation, gave legitimacy to the Hamas terrorist organization and ignored the deliberate Hamas strategy of using innocent Palestinian civilians as human shields for launching terrorist attacks against Israel,” said the ministry in a statement.
However, it added, “Israel will read the report carefully.” NGO Monitor President Gerald Steinberg had harsh words for both the probe and its conclusions, and told CNN in an interview that the mission had been tantamount to a “kangaroo court.”
The Foreign Ministry also explained in its statement that Israel felt it could not participate in the investigation committee “because of the one-sided mandate given to Judge Goldstone, which ignored the thousands of missiles fired by Hamas against Israeli citizens, which made the operation in Gaza necessary.”
The statement was distributed to the United Nations in Geneva by the Israeli mission to the U.N.
‘Both sides committed possible crimes against humanity in Gaza’
http://www.jpost.com/servlet/Satellite?cid=1251804577978&pagename=JPost%2FJPArticle%2FShowFull
UN: Israel, Palestinians guilty of Gaza war crimes
http://www.haaretz.com/hasen/spages/1114780.html
Time for Israel to get out of that nest of vipers and Barbarians and tell the UN to fuck off. We should in tandem kick all UN personnel out of here as persona nongrata, close our borders to their NGO’s Make them operate out of Egypt and Jordan. Hand over full responsibility of Gazans to the UN. Release to the pubic all the dirt we have but have never disclosed about the UN and their functionaries. In short go on the attack and pull the rug out from under them. Encourage all normal countries to follow suite or explain we they can justify being a part of that nefarious institution.
Comment by yamit82 — September 15, 2009 @ 8:46 pm
Lawyers, watchdog allege Goldstone bias
http://www.jpost.com/servlet/Satellite?cid=1251804563198&pagename=JPost%2FJPArticle%2FShowFull
Anti-Israel rally moved due to threats
http://www.jpost.com/servlet/Satellite?cid=1251804571449&pagename=JPost%2FJPArticle%2FShowFull
Police made the decision to move the annual Al Quds Day demonstration in London - an annual anti-Israel event held at the end of Ramadan to oppose Israel’s control of Jerusalem - following the call from far-right organization the English Defense League (EDL) for its supporters to oppose the event. The EDL had called on supporters to mount a counter-demonstration to the Iranian-sponsored, pro-Hizbullah event.
Where are the Jews? Hiding or supporting the Muslims? PATHETIC. Violence or the threat of violence works wonders. The Jews should try it sometime. If they don’t or won’t they are dead meat or Dead Jews walking, still.
Comment by yamit82 — September 15, 2009 @ 8:56 pm
This is different as This amounts to a declaration of war by the U N against Israel. We won’t get American support this time as it was probably American sponsored. Hussein might use it to leverage his agenda against calling off the dogs.
Comment by yamit82 — September 15, 2009 @ 9:02 pm
[...] all know how biased the UN is. I recently posted The Goldstone show-trial by Melanie Phillips . She makes a very strong case that not only the Commission Members were biased [...]
Pingback by Israpundit » Blog Archive » Israel is not guilty as charged. — September 15, 2009 @ 10:31 pm
Yamit, I don’t think Obama is about to do didly-poo in Israel. As for the UN declaring war, the only times the “UN” has conducted a war of any consequense, it has been led, and almost solely carried out, by US troops. By the way, when you say “American sponsored”, I assume you mean “dreamt up by Emanuel and Axelrod” — and by our President, whom you voted for. You, of course, are also “American”; and as a Jewish American, the ones who put the current Administration in power, I imagine you take most of the blame for what our country does. Don’t be too hard on yourself there — it will pass. Congressional elections are coming next year.
Comment by BlandOatmeal — September 16, 2009 @ 11:36 am
[...] all know how biased the UN is. I recently posted The Goldstone show-trial by Melanie Phillips . She makes a very strong case that not only the Commission Members were biased [...]
Pingback by ISRAEL IS NOT GUILTY AS CHARGED | Eitan Behar ???? ??? — September 19, 2009 @ 9:21 pm