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

Text of The Goldstone Report

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UPDATE 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.

Transcript: The Latest Bin Laden Statement (September 2009)

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Provided by Juan Cole from the US Government's Open Source Center:

Praise be to God, Who created people to worship Him, ordered them to be just, and permitted the wronged to mete out fair punishment to the wrongdoer.

American people: This address to you is a reminder of the causes of 11 (September) and the wars and consequences that followed and the way to settle it once and for all. I mention in particular the families of those who were hurt in these events and who have recently called for opening an investigation to know its causes. This is a first and important step in the right direction among many other steps that have deliberately gone in the wrong direction over eight barren years that you have experienced.

The entire American people should follow suit, as the delay in knowing those reasons has cost you a lot without any noteworthy benefit.

If the White House administration, which is one of the two parties to the dispute, has made it clear to you in the past years that war was necessary to maintain your security, then wise persons should be eager to listen to the two parties to the dispute to know the truth, so listen to what I am going to say.

At the beginning, I say that we have made it clear and stated so many times for over two decades that the cause of the quarrel with you is your support for your Israeli allies, who have occupied our land, Palestine. This position of yours, along with some other grievances, is what prompted us to carry out the 11 September events. Had you known the magnitude of our suffering as a result of the injustice of the Jews against us, with the support of your administrations for them, you would have known that both our nations are victims of the policies of the White House, which is in fact a hostage in the hands of pressure groups, especially major corporations and the Israeli lobby.

One of the best persons to explain to you the causes of the events of the 11th is one of your citizens, a former veteran CIA agent, whose conscience awoke in his eighth decade and decided to tell the truth despite the threats, and to explain to you the message of the 11th. So he carried out some activities for this purpose in particular, including his book Apology of a Hired Assassin.

As for explaining the suffering of our people in Palestine, Obama has recently acknowledged in his speech from Cairo the suffering of our kinfolk there, who are living under occupation and siege. Things will become clearer if you read what your former president, Carter, wrote about the racism of the Israelis against our kinfolk in Palestine, and also if you listened to his statement weeks ago during his visit to the destroyed and besieged Gaza Strip. He said in that statement that the people of Gaza are treated more as animals than human beings. For us God suffices, and He is the best disposer of affairs.

We should have a lengthy pause at this point. Any person with an iota of mercy in his heart cannot but sympathize with those oppressed elderly, women, and children living under the deadly siege. Above that, the Zionists pound them with US-made incendiary phosphorous bombs. Life there is tragic beyond limits, to the point that children die b etween the arms of their parents and doctors due to the lack of food and medicine and the power outages. It is indeed a disgrace for world politicians who are content with that, and their loyalists, who are behaving as such with prior knowledge and premeditation, and under the influence of the Israeli lobby in America. The details of that are explained by two of your fellow citizens. They are John Mearsheimer and Stephen Walt in their book The Israel Lobby in the United States.

After reading the suggested books, you will know the truth and you will be severely shocked at the magnitude of deception that has been practiced against you. You will also know that those who make statements from inside the White House today and claim that your wars against us are necessary for your security are in fact working along the same line of Cheney and Bush, and propagating the former policies of intimidation to market the interests of the relevant major corporations, at the expense of your blood and economy. Those in fact are the ones who are imposing wars on you, not the mujahidin. We are just defending our right to liberate our land.

If you thoroughly consider your situation, you will know that the White House is occupied by pressure groups. You should have made efforts to liberate it rather than fight to liberate Iraq, as Bush claimed. The White House leader, under such circumstances, and regardless of who he is, is like a train driver who cannot but travel on the railways designed by these pressure groups. Otherwise, his way would be blocked and he would fear that his destiny would be like that of former President Kennedy and his brother.

In a nutshell, it is time to free yourselves from fear and intellectual terrorism being practiced against you by the neoconservatives and the Israeli lobby. You should put the file of your alliance with the Israelis on the table of discussion. You should ask yourselves the following question so that you can determine your position: Do you like the Israelis' security, sons, and economy more than your security, blood, sons, money, jobs, houses, economy, and reputation? If you choose your security and stopping the wars -- and this has been shown by opinion polls -- then this requires that you act to stop those who are tampering with our security on your end. We are prepared to respond to this option on sound and fair foundations that have been mentioned before.

Here is an important point that we should pay attention to with regard to war and stopping it. When Bush assumed power and appointed a defense secretary [Donald Rumsfeld] who had made the biggest contribution to killing more than two million persecuted villagers in Vietnam, sane people predicted that Bush was preparing for new massacres in his era. This was what took place in Iraq and Afghanistan. When Obama assumed power and kept the men of Cheney and Bush -- namely, the senior officials in the Defense Department, like Gates, Mullen, and Petraeus -- sane people knew that Obama is a weak person who will not be able to stop the war as he had promised and that he would procrastinate as much as possible. If he were to decide, then he would hand over command to the generals who oppose this aimless war, like the former commander of troops in Iraq, General Sanchez, and the commander of the Central Command who was forced by Bush to resign shortly before leaving the White House due to his opposition to the war. He appointed instead of him a person who would escalate the war. Under the cover of his readiness to cooperate with the Republicans, Obama made the biggest trick as he kept the most important and most dangerous secretary from Cheney's men to continue the war. The days will show you that you have changed only faces in the White House. The bitter truth is that the neoconservatives are still a heavy burden on you.

Once again, if you stop the war, then that is fine. If you choose not to stop the war, then we have no other option but to continue the war of attrition against you on all possible axes, just as we did with the Soviet Union for 10 years until it disintegrated, with the grace of God. Continue the war for as long as you wish. You are fighting a desperate, losing war that is in favor of others. There seems to be no end in sight for this war.

Russian generals, who learned lessons from the battles in Afghanistan, had anticipated the result of the war before its start, but you do not like those who give you advice. This is a losing war, God willing, as it is funded by money that is borrowed based on exorbitant usury and is fought by soldiers whose morale is down and who commit suicide on a daily basis to escape from this war.

"This war was prescribed to you by two doctors, Cheney and Bush, as a cure for the 11 September events. However, the bitterness and losses caused by this war are worse than the bitterness of the events themselves. The accumulated debts incurred as a result of this war have almost done away with the US economy as a whole. It has been said that disease could be less evil than some medicines.

Praise be to God, we are carrying our weapon on our shoulders and have been fighting the two poles of evil in the East and the West for 30 years. Throughout this period, we have not seen any cases of suicide among us despite the international pursuit against us. We praise God for this. This proves the soundness of our belief and the justice of our cause. God willing, we will continue our way to liberate our land. Our weapon is patience. We seek victory from God. We will not give up the Al-Aqsa Mosque. We hold on to Palestine more than we hold on to our souls. Continue the war as long as you wish, we will never bargain over it (Palestine).

"Endless war will not tire me
For I am now fully grown and strong
For this, my mother begot me (lines of poetry)
Peace be upon those who follow guidance.

Middle East Inside Line: Lebanon's Jumblatt Seeking Iran Support?; Preparing for Showdown at UN

Lebanon's Jumblatt Pursuing Iran Link? Opposition MP Walid Jumblatt, the leader of Lebanon's Druze community, told Iran's Press TV on Saturday that Lebanon should be armed by Tehranan against the possibility of an Israeli aggression against Lebanon. He said: "They (Israelis) are not hiding that, they are saying we will attack or we will one day come to Lebanon again."

Jumblatt added: "We need anti-tank weapons and anti-aircraft weapons....Americans are not really willing to provide us with such weapons. They will tell you these weapons will be used against Israelis. OK, but my enemy is Israel."

Jumblatt called for the unity of the Arab world through dialogue between Saudi Arabia, Egypt and Iran, as well as between the Arab League and Iran. This unity between the Shiite and Sunni blocks could bring an end to Israel's "aggression."

Preparing for the UN Show: There have already been vehement discussions at the United Nations General Assembly in advance of next week's speeches by national leaders. Libyan diplomat Ali Treki is taking over the UNGA Presidency from Nicaraguan President Miguel d'Escoto Brockman, as it is reported that Libyan leader Muammar Gaddafi will attend the Assembly next week after the release of the Lockerbie bomber, Abdelbaset al-Megrahi by Scottish officials.

Iranian President Mahmoud Ahmadinejad's 23 September speech is also being discussed in diplomatic circles. The World Jewish Congress has launched a campaign on to convince leaders to boycott the address. The organization is also ciruclating a petition to the General Assembly which individuals can sign and send to UN officials.

Meanwhile, Brockman left the Presidency with a swipe at the "world powers [who] curbed him from aiding Palestinians." Brockman said, "My greatest frustration this year has been the Palestine situation," and added:

I wanted to help Palestine, but those who should supposedly have been most interested denied their support for reasons of "caution" that I was incapable of understanding.

He blamed the permanent five members of the Security Council (United States, Britain, France, China and Russia) of being "passive and apparently indifferent" on the Israeli blockade of Gaza in the past two years and called their behavior "disgraceful".

Gaza War: More than 1000 of 1387 Dead Were Civilians, Policemen

The Full List of Casualties from B'Tselem

The following is the official release from the Israeli human rights organisation B'Tselem:

Israeli security forces killed 1,387 Palestinians during the course of the three-week operation. Of these, 773 did not take part in the hostilities, including 320 minors and 109 women over the age of 18. Of those killed, 330 took part in the hostilities, and 248 were Palestinian police officers, most of whom were killed in aerial bombings of police stations on the first day of the operation. For 36 people, B’Tselem could not determine whether they participated in the hostilities or not.

Palestinians killed 9 Israelis during the operation: 3 civilians and one member of the security forces by rockets fired into southern Israel, and 5 soldiers in the Gaza Strip. Another 4 soldiers were killed by friendly fire.

B'Tselem’s figures, the result of months of meticulous investigation and cross-checks with numerous sources, sharply contradict those published by the Israeli military.

Israel stated that 1,166 Palestinians were killed in the operation and that 60% of them were members of Hamas and other armed groups. According to the military, a total of 295 Palestinians who were “not involved” in the fighting were killed. As the military refused to provide B'Tselem its list of fatalities, a comparison of names was not possible. However, the blatant discrepancy between the numbers is intolerable. For example, the military claims that altogether 89 minors under the age of 16 died in the operation. However, B'Tselem visited homes and gathered death certificates, photos, and testimonies relating to all 252 children under 16, and has the details of 111 women over 16 killed.

Behind the dry statistics lie shocking individual stories. Whole families were killed; parents saw their children shot before their very eyes; relatives watched their loved ones bleed to death; and entire neighborhoods were obliterated.

The extremely heavy civilian casualties and the massive damage to civilian property require serious introspection on the part of Israeli society. B'Tselem recognizes the complexity of combat in a densely populated area against armed groups that do not hesitate to use illegal means and find refuge within the civilian population. However, illegal and immoral actions by these organizations cannot legitimize such extensive harm to civilians by a state committed to the rule of law.

The extent of civilian fatalities does not, in itself, prove that Israeli violated the laws of war. However, the figures must be considered within the context of the numerous testimonies given by soldiers and Palestinians during and after the operation, which raise grave concerns that Israel breached fundamental principles of international humanitarian law and caused excessive harm to civilians. The magnitude of this harm requires Israel to conduct an independent and credible investigation, and not make do with military debriefings. Shortly after the operation, B'Tselem published guidelines for such an investigation and sent the Judge Advocate General’s Office some twenty illustrative cases, in which a total of about 90 Palestinian civilians were killed, demanding that they be investigated.

B’Tselem’s list of fatalities in Operation Cast Lead has been sent to the IDF Spokesperson’s Office for comment.

Organizations that participated in the statement: The Association for Civil Rights in Israel, Bimkom, B’Tselem, Gisha, Physicians for Human Rights, Adalah , Yesh Din, HaMoked,Center for the Defence of the Individual, Public Committee Against Torture in Israel, Rabbis for Human Rights

Middle East Inside Line: Chavez Attack on Israel, Gaza Low-Intensity Conflict

Chavez's Diplomatic Dive Bombing of Israel: Venezuelan President Hugo Chavez targeted Israel and the U.S. during his visit to Syria. After a one-hour meeting with Syrian President Bashir al-Assad, Chavez blamed Israel for "dividing the Middle East" as "a country that annihilates people and is hostile to peace":

The entire world knows it. Why was the state of Israel created? ... To divide. To impede the unity of the Arab world. To assure the presence of the North American empire in all these lands.

I believe [this] is a fateful battle. It's either now or never in order to liberate the world from imperialism and change the world from a unipolar into a multi-polar world.

Likud Splitting over Settlements Issue? Israeli Prime Minister Benjamin Netanyahu is feeling pressure from his Likud Party members in the wake of headlines that he already accepted a temporary freeze on settlement construction in the West Bank. More than half of the party leadership has accepted an invitation to speak at a hawkish rally in Tel Aviv on Wednesday. Vice Premier Silvan Shalom, Ministers Gilad Erdan, Moshe Kahlon, Yuli Edelstein and Michael Eitan, and Knesset Speaker Reuven Rivlin have accepted, while Vice Premier Moshe Ya'alon has not decided whether to attend.

Shalom has asserted:

A clear, wide majority in the Likud would not give a hand to any step that would strangle the settlements, which is one of the party's banners... We need to take steps to advance the diplomatic process, but with conditions, and one of them must be not freezing the settlements that we built. The Palestinians cannot ask us to make unilateral, irreversible, far-reaching concessions that impact the permanent [borders] just for agreeing to meet with us.

Shalom added that US President Barack Obama's diplomatic process would "blow up in our face and lead to a dead end."

Education Minister Gideon Sa'ar supported Netanyahu on Thursday:

In today's complex situation, our prime minister whom we chose, Binyamin Netanyahu, must maintain all our national interests - the settlements that are the apple of our eye, Jerusalem, and also our relations with the United States and avoiding international isolation, because we will not be able to do the things that are close to our hearts if we are isolated.

Israel-Gaza Low-Intensity Conflict: Seven mortar shells were fired from Gaza into Israel, all hitting open areas without casualties or damage. On Thursday night, Israeli jets bombed a tunnel in the southern Gaza Strip.