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Entries in Richard Goldstone (4)

Wednesday
Sep302009

Israel: US Urges Investigation of War Crimes Allegations

Israel: Defense Minister Barak Escapes British Arrest for War Crimes

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usa_israel_flagOn Tuesday, Washington urged Tel Aviv to conduct credible investigations into allegations of war crimes conducted during the offensive operation in Gaza. Michael Posner, U.S. Assistant Secretary of State, said:
We encourage Israel to utilise appropriate domestic (judicial) review and meaningful accountability mechanisms to investigate and follow up on credible allegations. If undertaken properly and fairly, these reviews can serve as important confidence-building measures that will support the larger essential objective which is a shared quest for justice and lasting peace.

The U.N. Human Rights Council held a one-day debate on the Goldstone report and reiterated the charges of war crimes both by Hamas and Israel.

After Washington's statement, Richard Goldstone responded: "United States has called for acceptable investigations of the allegations by both sides. I think that's important support." As for the possiblity of bringing Israeli officials in justice, Goldstone said: "International courts are courts of last resort, not first resort."

Goldstone's report urges the U.N. Security Council to refer the allegations to the International Criminal Court in the Hague if either Israeli or Palestinian authorities fail to investigate and prosecute those suspect of such crimes within six months.
Wednesday
Sep302009

Israel: Defense Minister Barak Escapes British Arrest for War Crimes

Israel: US Urges Investigation of War Crimes Allegations

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A bit of a tricky consideration for Anglo-Israeli talks: British lawyers for 16 Palestinians are seeking an international arrest warrant for Israel's defence minister.

Still, Ehud Barak, followed by reporters and demonstrators, met British Prime Minister Gordon Brown and Foreign Minister David Miliband at the Labour Party conference in Brighton.

[youtube]http://www.youtube.com/watch?v=eJFuRb-qdX4[/youtube]

Amidst the Goldstone Report's conclusion that Israel had been responsible for war crimes during its offensive in Gaza, solicitors asked a district judge at the City of Westminster Magistrates Court to issue a warrant for Barak's arrest under the 1988 Criminal Justice Act, alleging that Barak had committed offences against the 1957 Geneva Conventions.

The Israeli Ministry of Defense responded that Barak enjoyed diplomatic immunity "due to his being a minister in the government" (although media reports said Barak had been warned about the impending legal action and urged to leave the UK for France by Israeli officials).

The Guardian reports that, despite the official Israeli statement, lawyers from two London law firms believe the warrant that the International Criminal Court issued in May 2008 for the arrest of Omar al-Bashir, the President of Sudan accused of committing war crimes in Darfur, offers a precedent. However, the British court rejected the appeal, accepting the arguments of the British Foreign Office that Barak was a state guest and not subject to such lawsuits.

Freed from the prospect of a jail term, Barak praised Israel's offensive strategy:
We do not intend to let terror win.. We will not apologize in any way for our just struggle against terrorism. We will do everything possible so that the representatives of Israel, security officials and soldiers of the IDF will continue to freely travel the world. The theater of the absurd whereby those who defend their citizens need to be on the defensive has to end. Otherwise, the world is likely not only to give a prize to terrorism, but to encourage it.
Friday
Sep252009

Analysis: Video & Transcript: Netanyahu at UN General Assembly!

On Thursday, Israeli Prime Minister Benjamin Netanyahu spoke at the United Nations General Assembly. In the speech, Netanyahu targeted the Iranian regime and its President Mahmoud Ahmadinejad, Hamas, the Goldstone Report on the Gaza War, and those UN members who did not walk out during Ahmadinejad's earlier address.

Netanyahu reiterated the the Israeli official discourse of the Bushian era between 2001 and 2009. His arguments were "applicable" within the context of the "war on terror" and within the "holy" war of modernization against terrorists, and he portrayed today's Israelis suffering the same "punishment" Jewish people had experienced from Hitler's Germany (read Adolf's successor as Mahmoud Ahmadinejad).

For Netanyahu, "the greatest threat facing the world today is the marriage between religious fanaticism and the weapons of mass destruction." And, since "Teheran is the motherland of terrotist activities and funding", that must mean Iran is Danger Number One:

Part 1 of 4

[youtube]http://www.youtube.com/watch?v=44HkjBDQz_k[/youtube]

What should the world do in this case? Netanyahu said that the world must "prevent the tyrants of Tehran from acquiring nuclear weapons and to take action against the dictators who stole an election in broad daylight and gunned down Iranian protesters". This would bring peace "like the belated victory over the Nazis, [but] the forces of progress and freedom will prevail only after an horrific toll of blood and fortune has been exacted from mankind."

What if the world does not care about Israel? Then, said Netanyahu, they would eventually suffer as had happened throughout history. He said: "Perhaps some of you think that this man and his odious regime threaten only the Jews. You're wrong... History has shown us time and again that what starts with attacks on the Jews eventually ends up engulfing many others."

Part 2 of 4

[youtube]http://www.youtube.com/watch?v=ofIwsB7xDm8[/youtube]

Indeed, there is another "decent" factor that demonstrates Israel's "just war on terror":
Finally, after eight years of this unremitting assault, Israel was finally forced to respond. But how should  the rest respond? Well, there is only one example in history of thousands of rockets being fired on a country's civilian population. It happened when the Nazis rocketed British cities during World War II. During that war, the allies leveled German cities, causing hundreds of thousands of casualties. Israel chose to respond differently. Faced with an enemy committing a double war crime of firing on civilians while hiding behind civilians ? Israel sought to conduct surgical strikes against the rocket launchers.


Part 3 of 4

[youtube]http://www.youtube.com/watch?v=3gkjEUjK4as[/youtube]

At the end, for the Israeli premier, criticizing and condemning Israel is the same of chosing your side with the other - terrorist regimes which has no difference than Nazis. Netanyahu is angry because "the world is encouraging terrorism by supporting the Goldstone report!" Therefore, he re-called George W. Bush's "you are with us or with them" rhetoric and asked the members of the Assembly to withstand with itself. Netanyahu said:
Israel justly defended itself against terror. This biased and unjust report [the Gaza report] is a clear-cut test for all governments. Will you stand with Israel or will you stand with the terrorists?

We must know the answer to that question now. Now and not later. Because if Israel is again asked to take more risks for peace, we must know today that you will stand with us tomorrow.


Part 4 of 4

[youtube]http://www.youtube.com/watch?v=mPEdIWa5H9k[/youtube]

Transcript of Benjamin Netanyahu's Speech:

Mr. President, Ladies and Gentlemen,

Nearly 62 years ago, the United Nations recognized the right of the Jews, an ancient people 3,500 years-old, to a state of their own in their ancestral homeland.

I stand here today as the Prime Minister of Israel, the Jewish state, and I speak to you on behalf of my country and my people.

The United Nations was founded after the carnage of World War II and the horrors of the Holocaust. It was charged with preventing the recurrence of such horrendous events.

Nothing has undermined that central mission more than the systematic assault on the truth. Yesterday the President of Iran stood at this very podium, spewing his latest anti-Semitic rants. Just a few days earlier, he again claimed that the Holocaust is a lie.

Last month, I went to a villa in a suburb of Berlin called Wannsee. There, on January 20, 1942, after a hearty meal, senior Nazi officials met and decided how to exterminate the Jewish people. The detailed minutes of that meeting have been preserved by successive German governments. Here is a copy of those minutes, in which the Nazis issued precise instructions on how to carry out the extermination of the Jews.

Is this a lie?

A day before I was in Wannsee, I was given in Berlin the original construction plans for the Auschwitz-Birkenau concentration camp. Those plans are signed by Hitler?s deputy, Heinrich Himmler himself. Here is a copy of the plans for Auschwitz-Birkenau, where one million Jews were murdered. Is this too a lie?

This June, President Obama visited the Buchenwald concentration camp. Did President Obama pay tribute to a lie?

And what of the Auschwitz survivors whose arms still bear the tattooed numbers branded on them by the Nazis? Are those tattoos a lie? One-third of all Jews perished in the conflagration. Nearly every Jewish family was affected, including my own. My wife's grandparents, her father?s two sisters and three brothers, and all the aunts, uncles and cousins were all murdered by the Nazis. Is that also a lie?

Yesterday, the man who calls the Holocaust a lie spoke from this podium. To those who refused to come here and to those who left this room in protest, I commend you. You stood up for moral clarity and you brought honor to your countries.

But to those who gave this Holocaust-denier a hearing, I say on behalf of my people, the Jewish people, and decent people everywhere: Have you no shame? Have you no decency?

A mere six decades after the Holocaust, you give legitimacy to a man who denies that the murder of six million Jews took place and pledges to wipe out the Jewish state.

What a disgrace! What a mockery of the charter of the United Nations!

Perhaps some of you think that this man and his odious regime threaten only the Jews. You're wrong.

History has shown us time and again that what starts with attacks on the Jews eventually ends up engulfing many others.

This Iranian regime is fueled by an extreme fundamentalism that burst onto the world scene three decades ago after lying dormant for centuries.

In the past thirty years, this fanaticism has swept the globe with a murderous violence and cold-blooded impartiality in its choice of victims. It has callously slaughtered Moslems and Christians, Jews and Hindus, and many others. Though it is comprised of different offshoots, the adherents of this unforgiving creed seek to return humanity to medieval times.

Wherever they can, they impose a backward regimented society where women, minorities, gays or anyone not deemed to be a true believer is brutally subjugated. The struggle against this fanaticism does not pit faith against faith nor civilization against civilization.

It pits civilization against barbarism, the 21st century against the 9th century, those who sanctify life against those who glorify death.

The primitivism of the 9th century ought to be no match for the progress of the 21st century. The allure of freedom, the power of technology, the reach of communications should surely win the day. Ultimately, the past cannot triumph over the future. And the future offers all nations magnificent bounties of hope. The pace of progress is growing exponentially.

It took us centuries to get from the printing press to the telephone, decades to get from the telephone to the personal computer, and only a few years to get from the personal computer to the internet.

What seemed impossible a few years ago is already outdated, and we can scarcely fathom the changes that are yet to come. We will crack the genetic code. We will cure the incurable. We will lengthen our lives. We will find a cheap alternative to fossil fuels and clean up the planet.

I am proud that my country Israel is at the forefront of these advances ? by leading innovations in science and technology, medicine and biology, agriculture and water, energy and the environment. These innovations the world over offer humanity a sunlit future of unimagined promise.

But if the most primitive fanaticism can acquire the most deadly weapons, the march of history could be reversed for a time. And like the belated victory over the Nazis, the forces of progress and freedom will prevail only after an horrific toll of blood and fortune has been exacted from mankind. That is why the greatest threat facing the world today is the marriage between religious fanaticism and the weapons of mass destruction.

The most urgent challenge facing this body is to prevent the tyrants of Tehran from acquiring nuclear weapons. Are the member states of the United Nations up to that challenge? Will the international community confront a despotism that terrorizes its own people as they bravely stand up for freedom?

Will it take action against the dictators who stole an election in broad daylight and gunned down Iranian protesters who died in the streets choking in their own blood? Will the international community thwart the world's most pernicious sponsors and practitioners of terrorism?

Above all, will the international community stop the terrorist regime of Iran from developing atomic weapons, thereby endangering the peace of the entire world?

The people of Iran are courageously standing up to this regime. People of goodwill around the world stand with them, as do the thousands who have been protesting outside this hall. Will the United Nations stand by their side?

Ladies and Gentlemen,

The jury is still out on the United Nations, and recent signs are not encouraging. Rather than condemning the terrorists and their Iranian patrons, some here have condemned their victims. That is exactly what a recent UN report on Gaza did, falsely equating the terrorists with those they targeted.

For eight long years, Hamas fired from Gaza thousands of missiles, mortars and rockets on nearby Israeli cities. Year after year, as these missiles were deliberately hurled at our civilians, not a single UN resolution was passed condemning those criminal attacks. We heard nothing ? absolutely nothing ? from the UN Human Rights Council, a misnamed institution if there ever was one.

In 2005, hoping to advance peace, Israel unilaterally withdrew from every inch of Gaza. It dismantled 21 settlements and uprooted over 8,000 Israelis. We didn't get peace. Instead we got an Iranian backed terror base fifty miles from Tel Aviv. Life in Israeli towns and cities next to Gaza became a nightmare. You see, the Hamas rocket attacks not only continued, they increased tenfold. Again, the UN was silent.

Finally, after eight years of this unremitting assault, Israel was finally forced to respond. But how should we have responded? Well, there is only one example in history of thousands of rockets being fired on a country's civilian population. It happened when the Nazis rocketed British cities during World War II. During that war, the allies leveled German cities, causing hundreds of thousands of casualties. Israel chose to respond differently. Faced with an enemy committing a double war crime of firing on civilians while hiding behind civilians ? Israel sought to conduct surgical strikes against the rocket launchers.

That was no easy task because the terrorists were firing missiles from homes and schools, using mosques as weapons depots and ferreting explosives in ambulances. Israel, by contrast, tried to minimize casualties by urging Palestinian civilians to vacate the targeted areas.

We dropped countless flyers over their homes, sent thousands of text messages and called thousands of cell phones asking people to leave. Never has a country gone to such extraordinary lengths to remove the enemy's civilian population from harm's way.

Yet faced with such a clear case of aggressor and victim, who did the UN Human Rights Council decide to condemn? Israel. A democracy legitimately defending itself against terror is morally hanged, drawn and quartered, and given an unfair trial to boot.

By these twisted standards, the UN Human Rights Council would have dragged Roosevelt and Churchill to the dock as war criminals. What a perversion of truth. What a perversion of justice.

Delegates of the United Nations,

Will you accept this farce?

Because if you do, the United Nations would revert to its darkest days, when the worst violators of human rights sat in judgment against the law-abiding democracies, when Zionism was equated with racism and when an automatic majority could declare that the earth is flat.

If this body does not reject this report, it would send a message to terrorists everywhere: Terror pays; if you launch your attacks from densely populated areas, you will win immunity. And in condemning Israel, this body would also deal a mortal blow to peace. Here's why.

When Israel left Gaza, many hoped that the missile attacks would stop. Others believed that at the very least, Israel would have international legitimacy to exercise its right of self-defense. What legitimacy? What self-defense?

The same UN that cheered Israel as it left Gaza and promised to back our right of self-defense now accuses us ?my people, my country - of war crimes? And for what? For acting responsibly in self-defense. What a travesty!

Israel justly defended itself against terror. This biased and unjust report is a clear-cut test for all governments. Will you stand with Israel or will you stand with the terrorists?

We must know the answer to that question now. Now and not later. Because if Israel is again asked to take more risks for peace, we must know today that you will stand with us tomorrow. Only if we have the confidence that we can defend ourselves can we take further risks for peace.

Ladies and Gentlemen,

All of Israel wants peace.

Any time an Arab leader genuinely wanted peace with us, we made peace. We made peace with Egypt led by Anwar Sadat. We made peace with Jordan led by King Hussein. And if the Palestinians truly want peace, I and my government, and the people of Israel, will make peace. But we want a genuine peace, a defensible peace, a permanent peace. In 1947, this body voted to establish two states for two peoples ? a Jewish state and an Arab state. The Jews accepted that resolution. The Arabs rejected it.

We ask the Palestinians to finally do what they have refused to do for 62 years: Say yes to a Jewish state. Just as we are asked to recognize a nation-state for the Palestinian people, the Palestinians must be asked to recognize the nation state of the Jewish people. The Jewish people are not foreign conquerors in the Land of Israel. This is the land of our forefathers.

Inscribed on the walls outside this building is the great Biblical vision of peace: "Nation shall not lift up sword against nation. They shall learn war no more." These words were spoken by the Jewish prophet Isaiah 2,800 years ago as he walked in my country, in my city, in the hills of Judea and in the streets of Jerusalem.

We are not strangers to this land. It is our homeland. As deeply connected as we are to this land, we recognize that the Palestinians also live there and want a home of their own. We want to live side by side with them, two free peoples living in peace, prosperity and dignity.
But we must have security. The Palestinians should have all the powers to govern themselves except those handful of powers that could endanger Israel.

That is why a Palestinian state must be effectively demilitarized. We don't want another Gaza, another Iranian backed terror base abutting Jerusalem and perched on the hills a few kilometers from Tel Aviv.

We want peace.

I believe such a peace can be achieved. But only if we roll back the forces of terror, led by Iran, that seek to destroy peace, eliminate Israel and overthrow the world order. The question facing the international community is whether it is prepared to confront those forces or accommodate them.

Over seventy years ago, Winston Churchill lamented what he called the "confirmed unteachability of mankind," the unfortunate habit of civilized societies to sleep until danger nearly overtakes them.

Churchill bemoaned what he called the "want of foresight, the unwillingness to act when action will be simple and effective, the lack of clear thinking, the confusion of counsel until emergency comes, until self-preservation strikes its jarring gong."

I speak here today in the hope that Churchill's assessment of the "unteachibility of mankind" is for once proven wrong.
I speak here today in the hope that we can learn from history -- that we can prevent danger in time.

In the spirit of the timeless words spoken to Joshua over 3,000 years ago, let us be strong and of good courage. Let us confront this peril, secure our future and, God willing, forge an enduring peace for generations to come.
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.