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Entries in War Crimes (1)

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.