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Thursday
Sep172009

UPDATED The Goldstone Report: Both Israel and Hamas Committed War Crimes

Text of The Goldstone Report

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United-NationsUPDATE 17 September 1045 GMT: Judge Richard Goldstone has written an opinion piece in The New York Times this morning: "Pursuing justice in this case is essential because no state or armed group should be above the law. Western governments in particular face a challenge because they have pushed for accountability in places like Darfur, but now must do the same with Israel, an ally and a democratic state. Failing to pursue justice for serious violations during the fighting will have a deeply corrosive effect on international justice, and reveal an unacceptable hypocrisy."

UPDATE 17 September 1000 GMT: On Wednesday, the leaders of Israel attacked the Goldstone report. Israeli Prime Minister Benjamin Netanyahu said the findings were "a kangaroo court against Israel, whose consequences harm the struggle of democratic countries against terror". Defense Minister Ehud Barak said the outcome was "a prize for terrorism". Foreign Minister Avigdor Lieberman claimed, "The Goldstone report is seeking to bring the UN back to the dark days in which it decided, under the guidance of states with interests, that Zionism is racism, " and his deputy Danny Ayalon asserted, "The Goldstone report is a dangerous attempt to harm the principle of self-defense by democratic states and provides legitimacy to terrorism." Ayalon also stated that Israel would work to enlist the support of Western democracies in a campaign "to prevent turning international law into a circus."

Israeli President Shimon Peres went even further with the claim:
The Goldstone Commission report is a mockery of history.. It fails to distinguish between the aggressor and a state exercising its right for self defense... The report in practice grants legitimacy to terrorism, premeditated shooting and killing while ignoring the duty and the right of a state to defend itself, something which is explicitly stated in the UN charter.

The United Nations Commission under former South African Judge Richard Goldstone, formed in April to investigate last year's conflict in Gaza,  concluded on Tuesday that both Palestinians and Israelis committed war crimes. The report follows 188 interviews and a review of 10,000 documents and 12,000 photoraphs and videos. 

The report says: "Israel committed actions amounting to war crimes, possibly crimes against humanity." It says that Israel killed civillians, destroyed non-military facilities and imposed a blockade on Gaza as "collective punishment". The report, finds these war crimes were a result of direct consciousz decisions of Israeli officials:


Taking into account the ability to plan, the means to execute plans with the most developed technology available and statements by the Israeli military that almost no errors occurred, the Mission finds that the incidents and patterns of events considered in the report are the result of deliberate planning and policy decisions.

On the other side, the reports states that rocket and mortar attacks into southern Israel were "war crimes":
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.

The Jerusalem Post stated that the report was "nauseating,"as it created an unjust "equivalence of a democratic state with a terror organization" and lacked the context of a decade of terrorist attacks by Hamas. Foreign Ministry spokesman Yossi Levy reinforced the public view:
Israel is nauseated and furious about a report that did not surprise us in its imbalance, but did surprise us in the lack of any real pretense to balance.. The report is one of the most disgraceful documents in the long collection of shameful documents put out by the United Nations....The immediate message of this report is: Terror pays. It says that terrorists who attack Jews, unlike terrorists who attack Americans, Spaniards, or other Arabs, will earn the protection of the UN.

Israel's ambassador to the UN, Gabriela Shalev, said: "The mandate of the Goldstone Commission was one-sided from the beginning and the initiative to establish the commission came from the UN Human Rights Council, which is known for regularly and routinely condemning Israel."

Hamas's reaction was just as negative, as its officials claimed that the report was unbalanced and completely misrepresented reality.

Reader Comments (8)

Mr. goldstone acts like there is no past.
no bomb shell, no civil attack on small town by Hamas (which acts as or on behalf of alkayda).
nothing happen before the Israeli attack?!

man, you are drunk and crazy if you wrote such stupid report.

Your entire family will be shame on you in the future and will say you are not part of them anymore.

it is the one of the cases to be study of pre writing reports without truly investigation in the name of civil rights - the terrorist civil rights.

September 16, 2009 | Unregistered Commentershaiker

@ Shaiker, you shouldnt talk about the past as that does not serve your claims anyway. Talk about the number of civillian victims who fall dead during this assault on Gaza. How many Palestinians were killed, versus how many Israelis were killed. That is the real report my friend.

September 17, 2009 | Unregistered CommenterStan

Ali,
Off topic, but this development corroborates your points of last Saturday

http://www.nytimes.com/2009/09/17/world/europe/17iht-letter.html?_r=1&partner=MOREOVERNEWS&ei=5040" rel="nofollow">Obama Ends a 'Special Relationship'

September 17, 2009 | Unregistered CommenterAmy

Amy,

Yes, although we cannot say that there is a direct line between the Goldstone report and Washington's demands from Israel, in practice, on one hand, the former one is "good" for Israel to claim a hierarchy of subjects through which it will be easier to surpress the demands on settlements whereas, on the other hand, the former again is "good" for U.S. to claim an inter-dependency between subjects through which it can be used as a leverage for its demands. Also, do not forget the "existential threat" of Iran within the context here. So, the two are dragging the Israeli-Palestinian problem on the international ground but to different ways...

Thank you.

September 18, 2009 | Unregistered CommenterAli Yenidunya

One cannot seriously claim moral equivalence between Hamas which targets civilians and Israel for whom they are a collateral damage. Many reviews, such as here http://samsonblinded.org/blog/goldstone-report-the-rebuttal.htm also detail factual inaccuracies in Goldstone's report.

September 18, 2009 | Unregistered CommenterAndrew

[...] be addressed by the UN Human Rights Council. The Washington Post (9/17) The Goldstone Report: Both Israel and Hamas Committed War Crimes Text of the Report (PDF) Richard Goldstone: Justice in Gaza (NYT Op-Ed) In the fighting in Gaza, [...]

September 19, 2009 | Unregistered CommenterWednesday-Night - » Isra

@ali
the past is the terrorism act against the people of Sderot. 12000 missile rocket !! 12000 and you say it does not serve the argument ?
against terrorism Israel should act aggressively.
the report was a report against the human rights. the right of a country to protect its citizens! the rigth for self defend.
ali- do not forget that Israel withdraw its army from the same area 2 years before and then.... 12000 rockets...

September 22, 2009 | Unregistered Commentershaiker

So fun article is! I know more from it. myydno myydno - Hermes Outlet.

December 21, 2011 | Unregistered Commenterefapbp efapbp

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