Palestine: Goldstone Report Goes Back to UN General Assembly

Israel: Goldstone Report on Gaza Leads to Divisions in Government

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The United Nations General Assembly announced late Wednesday that it will meet next week to evaluate the Goldstone Report. The news follows a UN Human Rights Council resolution condemning Israel not only for its alleged war crimes during the offensive in Gaza but also its alleged restrictions in the West Bank and East Jerusalem.

Even though the General Assembly has already endorsed the resolution and passed the issue to the Security Council, there is little hope of further action since Washington has labeled the Goldstone Reports as "biased."

The Latest from Iran (21 October): Room for a Challenge?

NEW Iran Newsflash: Lawyer Shadi Sadr Wins Dutch Human Rights Award
NEW Iran: Taking Apart the Jundallah-US Narrative
Video (19-20 October): More University Demonstrations (Tehran & Karaj)
UPDATED Iran’s Nukes: The Real Story on Vienna Talks and the Deal for Uranium Enrichment
The Latest from Iran (20 October): Green Waves or Green Mirage?

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1850 GMT: Spoiler Alert. And while Tehran is being encouraging about the draft enrichment agreement, the "Western" campaign to undercut it has already begun.

David Sanger of The New York Times, who seems to hang around in a hallway until a Government official tells him how to interpret a story, has fired the warning shot. After headlining, "Iran Agrees to Draft of Deal on Exporting Nuclear Fuel", Sanger swings a journalistic hammer at the apparent success. Making clear that "Western suspicions that Iran is secretly developing a nuclear weapon despite its repeated denials", rather than say, Iran's approach to the IAEA over its medical research reactor, "are at the heart of the negotiations", he "reports":

If the 2,600 pounds of fuel leave Iran in batches...experts warn, Iran would be able to replace it almost as quickly as it leaves the country....The estimate that Iran has about 3,500 pounds of low-enriched uranium “assumes that Iran has accurately declared how much fuel it possesses, and does not have a secret supply,” as one senior European diplomat [French? See 1835 GMT] put it....[President Obama] has not made the cessation of enrichment a prerequisite to talks, and the work is still under way, in violation of three United Nations Security Council resolutions.

Perhaps needless to say, Sanger doesn't name any of his "experts". Because this is not an analysis, it's a scare story. [Remember, it was Sanger who only on Monday was saying that Iran was threatening to walk out of the talks.] You Just Can't Trust the Big, Bad Iranians.

Well, perhaps not. But I'm not sure You Can Trust the Objective New York Times either.

1835 GMT: Iran Presses Its Nuclear Advantage. Ali Aghbar Soltanieh has offered a revealing summary of the Vienna talks to the Iranian Student News Agency. First, he made clear that Tehran would be holding Moscow close as the talks progressed:

We have announced that we are willing to cooperate with Russia within the framework of an agreement. Although certain other countries, including the U.S. and France, have been mentioned in the draft agreement, the main party in the agreement will be Russia.

Then Iranian diplomats celebrated an apparent victory over France. Not only had Paris been a vehement critic of Iran's nuclear programme in the run-up to the talks, but Iran --- as our readers noticed --- has a long-standing grievance against Paris over money paid for pre-1979 nuclear projects that were never completed. According to ISNA, "The French delegation apologized to Iran on Wednesday for their country’s past conduct toward Iran and asked IAEA Director General Mohamed ElBaradei to make an effort to put France back in the draft agreement with Tehran."

1635 GMT: Not So Quiet Anymore. This may be the most significant piece of news that will go unnoticed this week.

This morning we wrote, "Watch Qom....The Grand Ayatollahs and Ayatollahs --- Dastgheib, Bayat-Zanjani, Sane'i, Safi Golpaygani --- are pressing for reforms to meet the post-election challenge, and he adds that none of those clerics are fans of Ahmadinejad. Just as significant, they do not operate in a vacuum but interact with secular' players in the political game."

Mehr News now reports:

Majlis Cleric Committee members are going to visit Ayatollah Mohammad Reza Mahdavi Kanni, MP Mohammad Taqi Rahbar said on Wednesday. The committee members, during their meeting, will discuss the incidents that followed up the June 12 presidential election and the proposal for the establishment of a national election committee, Rahbar, who also heads the committee, added.

The National Election Committee, put forward by 2009 Presidential candidate Mohsen Rezaei, may not be as prominent in discussions as the National Unity Plan, but it has still provoked heated opposition, both from those who think President Ahmadinejad's legitimacy is being questioned and those who believe it would curb the powers of the Supreme Leader. Conversely, it is galvanising senior clerics who are looking to press their challenge against the post-election abuses of the regime.

1445 GMT: A relatively quiet afternoon. There are rumours and uncertainty over whether or not President Ahmadinejad went to Tehran University today (see 1050 GMT). In the Parliament, there are twists over the complaint that pro-Ahmadinejad MPs were going to file about post-election behaviour by their opponents; the latest story is that Mir Hossein Mousavi is not named.

Meanwhile Press TV is featuring the story that the IAEA has passed the draft plan for uranium enrichment to national delegations for confirmation. It adds no details to reports from Western journalists.

1135 GMT: With many thanks to an EA reader, we've posted the news of a Dutch human rights awards for lawyer Shadi Sadr.

1055 GMT: Breakthrough? According to reporters in Vienna, International Atomic Energy Agency head Mohammad El Baradei has declared that a draft agreement on Iran's uranium enrichment has been reached. Deadline for confirmation by states is Friday.

1050 GMT: We're chasing the report that President Ahmadinejad has made a surprise visit to Tehran University and has been greeted by student protests.

1045 GMT: We've updated our page on the Supreme Leader's health after his appearance with female scholars yesterday.

0900 GMT: Following up our analysis of the effect of Sunday's bombing on Iranian politics and its relations with countries such as the US, we've posted an analysis by Josh Mull posing questions over the alleged link between the Baluch insurgent group Jundallah and the US Government.

0750 GMT: As the death toll from Sunday's bombing rose to 57, the UN Security Council "underlined the need to bring perpetrators, organisers, financiers and sponsors of this reprehensible act of terrorism to justice and urged all states ... to co-operate actively with the Iranian authorities in this regard".

0735 GMT: And just to add one more not-so-weak signal of both opposition potential and Government uncertainty from the last 48 hours. The videos from the University protests are striking: a Government representative shows up at a discussion to face loud protests and even a thrown shoe; 1000s gather despite the threat of academic punishment if not detention.

0645 GMT: Never underestimate the importance of timing. For all the plans and resources that a Government might have, the convergence of events can put a question mark over its efforts. For all the challenges that an opposition faces, developments far removed from their immediate concerns can provide opportunities.

And so, 96 hours after the Supreme Leader's reappeared, 72 hours after the bombings in southeastern Iran, 48 hours after the opening of the technical talks on Iran's nuclear programme, the Ahmadinejad Government --- which had been reasserting its position after the 18 September demonstrations --- seems to be drifting in the political arena. And, to add to its concerns, those who might take advantage are not just the Green Wave; "conservatives" and "principlists" who back the National Unity Plan that has gone to the Supreme Leader know that its first effects will be upon the authority of the President.

Ironically, the present show of strength for Ahmadinejad and Co. is in Vienna rather than Tehran. Iran's diva-ish manoeuvres yesterday, apparently refusing to show up for talks and then pursuing bilateral talks with the US to limit or exclude France in any plan, put the message that any "third-party enrichment" will not be imposed on Tehran but will be framed to meet its concerns. Whether this is because Iran wants a direct return of processed uranium from Russia or --- as a reader helpfully evaluates --- because it is punishing France for holding Iranian payments for pre-1979 nuclear contracts that were never fulfilled, the Iranian Government is dividing the "5+1" countries while maintaining engagement with Washington.

The regime's response to Jundallah's Sunday attacks is not so secure. Politically, the line set out by Foreign Minister Manouchehr Mottaki yesterday was quite clever, looking to turn the bombing into co-operation with the Pakistani Government. The Revolutionary Guard appears to be spiralling into threats of vengeance, not only against Jundallah but against any foreign Government that comes to mind. The Guard's latest demand, that Pakistan allow Iranian troops to enter the country and hunt down insurgents, seems to be pointless bluster, as Islamabad will turn down the request quickly, if not sharply. This follows statements by Guard commander General Jafari, with the promise to retaliate against the US and Britain, that could have put the Government's political strategy --- based on engagement despite Sunday's events --- into disarray.

Possibly Ahmadinejad and the Guard are pursuing a good cop/bad cop strategy. Even so, the eyes of the Iranian military seem to have been diverted from the internal political situation. And with the Government occupied with other matters, there has been a curious silence --- both with respect to the Green movement and with respect to the National Unity Plan --- since last week.

This does not mean that the Government's power to assert its authority has been diminished. To the contrary, yesterday's announcement that the Iranian-American scholar Kian Tajbakhsh would spend 12 to 15 years in jail (a sentence passed several days ago) was meant to show that the fist was still clenched against supposed opponents at home and abroad.

Still, the space for political manouevre --- the space the regime hoped to close down with its threats, surveillances, and disruptions of communication --- has reopened. We still await the responses and unfoldings around Mir Hossein Mousavi's Sunday statement. Meanwhile, a well-placed EA source gives us another, equally important dimension.

This source advises, "Watch Qom". His interpretation is that the Grand Ayatollahs and Ayatollahs --- Dastgheib, Bayat-Zanjani, Sane'i, Safi Golpaygani --- are pressing for reforms to meet the post-election challenge, and he adds that none of those clerics are fans of Ahmadinejad. Just as significant, they do not operate in a vacuum but interact with "secular" players in the political game. So the vehement attack of the "conservative" member of Parliament Ali Motahari on the legitimacy of the President is not just because of Motahari's personal animosity and his connection with the Larijani brothers; it is also because Motahari, the son of an Ayatollah, is working with and reaction to another wave, this one from the Qom seminary.

It is 14 days to 13 Aban (4 November).

Israel: Can Netanyahu Really Escape US Pressure?

Israel-Palestine: UN Council Endorses Goldstone Report — What Now?
Video: Protests over former Israel PM Olmert in Chicago

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On Friday, Prime Minister Benjamin Netanyahu criticized the endorsement by the United Nations Human Rights Council of the Goldstone Report, which claimed both Israel and Hamas had committed war crimes during the Gaza War in December-January. Netanyahu warned the Israeli nation to be prepared for a protracted struggle. Declaring "the delegitimization [of Israel] must be delegitimized", he added, "The UN has returned to the dark days during which it equated Zionism with racism."

Netanyahu's statement is in line with his Foreign Minister Avigdor Lieberman's leaked memorandum calling for a “zero-tolerance” policy for anti-Semitic expression around the world. But does the Prime Minister also back Lieberman's strategy of a move from “lone dependence” on Washington to the "neglected" parts of the world?

The was the only Security Council member that voted against the Goldstone resolution in the UNHRC. Yet Ha'aretz correspondent Aluf Benn believes the Obama Administration will use the diplomatic arena to get more Israeli concessions on the expansion of settlements:

Operation Cast Lead in Gaza was perceived in Israel as a shining victory. Rocket fire from Gaza was brought to a halt almost completely. The Israel Defense Forces emerged from its failure during the Second Lebanon War and deployed ground forces with few casualties. "The world" let the operation continue and did not impose a cease-fire. A wonderful war.

Ten months later, it seems the victory was a Pyrrhic one. Israel did not realize that the rules have changed with Barack Obama's election as U.S. president. Prime minister Ehud Olmert timed Cast Lead to take place during the twilight period between the outgoing and incoming U.S. administrations, and rightly assumed that the incumbent, George W. Bush, would fully back Israel. However, in contrast to the Lebanon war of 2006, which ended with a cease-fire, the Gaza campaign continues being fought - in the diplomatic arena and in public opinion - and Israel must cope with its consequences in a less-friendly Obama era.

During the first, military round, Israel benefited from the decisive superiority of its firepower. However the Palestinians moved the war's current round to an arena more comfortable for them, and are benefiting from their advantage in UN institutions and in public opinion. The calls to boycott Israel are getting louder. Turkey is shirking off its strategic alliance with Israel and is presenting IDF soldiers as horrible murderers of children. Hamas is gradually winning recognition as a legitimate player, as it continues to amass a stock of rockets without hindrance. Meanwhile Israel's leaders are busy defending the country against the United Nations' Goldstone report (that accuses Israel and Hamas of perpetrating war crimes), and some even have to worry now about being the object of arrest warrants in Europe.

Even if the legal process that Goldstone initiated ends up being halted, and Israel is not put in the dock in The Hague, its hands have been tied. The world, led by Obama, will not let it initiate a Cast Lead II operation. Certainly not when a right-wing government is in power in Jerusalem led by Benjamin Netanyahu, whom the world loves to hate. Netanyahu's clumsy attempt, in his Knesset speech this week, to link the war in Gaza to opposition leader Tzipi Livni did not really succeed. He is in power and the world considers him responsible. The Americans and the Europeans are using the Goldstone report to punish Netanyahu for his refusal to freeze the settlements.

The same thing happened to the Palestinians between the two intifadas. When they hurled stones during the first intifada (1987-1993) and the confrontation was in the West Bank and in the Gaza Strip, the world cheered them on and forced Israel to recognize the Palestine Liberation Organization and to let its leader Yasser Arafat establish his autonomy in the territories. The Palestinian violence at that time was perceived as appropriate resistance to occupation. During the second intifada, the Palestinians resorted to suicide attacks in Israeli cities. They succeeded in killing many more Israelis, but they lost in the diplomatic arena, especially after the September 11 attacks in the United States, when the rules changed. The world was fed up with terror attacks and it allowed then-prime minister Ariel Sharon to reoccupy the West Bank, lock Arafat in a cage (his headquarters in Ramallah) and eventually unload Gaza without a peace arrangement.

Operation Cast Lead was the most planned operation in the annals of Israel's wars. Its organizers filled out all the forms and checked off on all the procedural changes that had been recommended by the Winograd Committee after its investigation of the shortcomings of the Second Lebanon War. The campaign's goals were reasonable. The scenarios were rehearsed. The reservists were trained. Jurists anticipated the legality of every target and operational plan. The soldiers were properly outfitted with food, water and protective equipment. The local authorities in the Israeli rear functioned as they should have. The media obeyed. In short, the government and the IDF prepared exceptionally well for a Third Lebanon War. They only forgot that the conditions on the Palestinian front are different than in Lebanon.

Not everybody shared the euphoria. The defense minister, Ehud Barak, wanted to halt Cast Lead after two or three days, but was overruled by Olmert who wanted to keep the campaign going, and then going further. Columnists and commentators warned of Gaza becoming a quagmire.

And most interesting: The Winograd Committee anticipated the lurking legal danger to Israel, and in its final report had warned of "far-reaching consequences" resulting from the widening gap between the rules of warfare and the reality of fighting terror launched from civilian surroundings. The committee recommended pulling the legal experts out of the operation rooms, increasing and highlighting investigation of irregular activities, and working with friendly countries to amend the rules of warfare, a recommendation that is easy to make but difficult to implement. The Winograd report did not warn against going into the next war before the rules of warfare are changed. The legal recommendations, drafted with restraint out of fear they would be used for anti-Israeli propaganda, were lost in the sea of piquant items in the report.

Upon returning to power, Netanyahu hoped to leave the Palestinian issue on the side and focus on the Iranian threat and on economic reforms. Now his government will have to cope with the consequences of Cast Lead and do so under less than ideal conditions, heavy international pressure and fear of arrest warrants and charge sheets.

Israel-Palestine: UN Council Endorses Goldstone Report --- What Now?

Israel-Palestine: No UN Progress on Goldstone Report on Gaza
Transcript: The Palestinian Authority Draft to UN Human Rights Council (15 October)

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On Friday the United Nations Human Rights Council endorsed the Goldstone Report, which found evidence of war crimes by both Hamas and Israel in the Gaza War. The vote was 25-6 with 16 abstentions. The US opposed the resolution while Britain and France did not vote. (The full list is at the bottom of the entry.)

The five-page resolution was remarkable for two reasons. First, it not only condemned Israeli crimes during Operation Cast Lead but also, beyond the war, denounced Israeli human rights violations in east Jerusalem, the West Bank, and Gaza. Second, although Goldstone Report cites both Hamas and Israel, the resolution explicitly names only Israel as a violator of international law. Goldstone criticized the UN decision to condemn only Israel, saying that the wording of the resolution was unfortunate.

Israel's Foreign Ministry rejected the resolution and called the decision "unjust":

Israel will continue to exercise its right to self-defense and to preserve the security of its citizens.

Israel believes that the decision harms efforts to protect human rights in accordance with international law and hinders efforts to promote the peace process as well as encouraging terror organizations around the world.

Israel thanks the countries that supported our position, and those who, with their vote, voiced their opposition to the unjust decision which ignores the murderous Hamas attacks against Israeli citizens... The decision ignores the fact that the Israel Defense Forces took unprecedented measures to avoid harming innocent civilians, and the fact that terror organizations used civilians as human shields in Gaza.

In contrast, Hamas welcomed the decision and said that they hoped that it would lead to "the beginning of the prosecution of the leaders of the occupation". The Palestinian Authority said that a follow-up on implementation of the recommandations in the report, "to protect the Palestinian people from Israeli aggression", was needed.

This may be the end of the line, however, for the report. The resolution asks that the Security Council forward the findings to the International Criminal Court, but the US, France, and Britain are unlikely to support the move. Indeed, with substantive action unlikely, the resolution may be an unexpected victory for Israel, with the United Nations proving its "one-sided position".

FOR the resolution: Argentina, Bahrain, Bangladesh, Bolivia, Brazil, Chile, China, Cuba, Djbouti, Egypt, Ghana, India, Indonesia, Jordan, Mauritius, Nicaragua, Nigeria, Pakistan, Philippines, Qatar, Russia, Saudi Arabia, Senegal, South Africa and Zambia

AGAINST the resolution: United States, Hungary, Italy, Netherlands, Slovakia and Ukraine

ABSTAINING: Belgium, Bosnia, Burkina Faso, Cameroon, Gabon, Japan, Mexico, Norway, Korea, Slovenia, Uruguay, Britain, France, Madagascar, Kyrgyzstan and Angola

Israel-Palestine: No UN Progress on Goldstone Report on Gaza

Transcript: The Palestinian Authority Draft to UN Human Rights Council (15 October)

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On Wednesday, the United Nations Security Council discussed the Goldstone Report. Any movement, however, was limited by the United States, Britain, and France, who all tried to return the matter of illegal military activity in Gaza to the Israelis.

Deputy U.S. Ambassador to the United Nations Alejandro Wolff underlined Washington's concern over "the unbalanced focus on Israel". He declared, "We take the allegations in the report seriously", but added, "Israel has the institutions and the ability to carry out serious investigations of these allegations and we encourage it to do so." British Ambassador John Sawers supported the American lead, "We urge the Israeli government to carry out full, credible and impartial investigations into the allegations," while French Ambassador Gerard Araud urged both Israel and Hamas to initiate "independent inquiries in line with international standards".

Meanwhile, Israel's Ambassador to the United Nations Gabriela Shalev criticized the Security Council for even considering the matter, "Instead of discussing the real and worrying questions facing the Middle East, the UN is focusing on the Goldstone report, which Israel believes legitimizes terror organizations."
She returned fire on Libya, which brought the issue to the Security Council:

An ordinary person would think that an emergency UN session would be called when Gazan and Lebanese terrorists fire missiles into Israeli territory, or because of the Iranian nuclear threat.

The pretense of urgency in this session is an attempt to "hijack" the council's agenda to promote the report, a move supported by none other than Libya - a country that has only recently celebrated the return of the Lockerbie bomber.