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Israel lauds war crimes investigator's reversal

Sun Apr 3, 2011 2:43 PM EDT
world-news, israel, ml, war-crimes, crimes
Josef Federman, Associated Press
< PreviousNext >
showing 1 of 6 photos
<p>FILE - In this June 3, 2009, file photo, UN investigator Richard Goldstone visits the destroyed house where members of the Samouni family were killed in an artillery strike during Israel's offensive in January 2009 in Gaza City. Goldstone, the head of a U.N.-appointed expert panel that investigated the Gaza war between Israel and Hamas in the winter of 2008-2009 said in a newspaper article published Friday April 1, 2011 by the Washington Post that new accounts by Israel's military indicate that it did not deliberately target civilians.  (AP Photo/Ashraf Amra, File)</p>

FILE - In this June 3, 2009, file photo, UN investigator Richard Goldstone visits the destroyed house where members of the Samouni family were killed in an artillery strike during Israel's offensive in January 2009 in Gaza City. Goldstone, the head of a U.N.-appointed expert panel that investigated the Gaza war between Israel and Hamas in the winter of 2008-2009 said in a newspaper article published Friday April 1, 2011 by the Washington Post that new accounts by Israel's military indicate that it did not deliberately target civilians. (AP Photo/Ashraf Amra, File)

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JERUSALEM — Many modern armies have struggled with how to battle an enemy who uses human shields, perhaps none more so than Israel.

So Israeli leaders were especially pleased Sunday after an admission by Richard Goldstone — a Jewish U.N. investigator who became persona non grata in the Jewish state — that war crimes accusations contained in his report on Israel's offensive in Gaza two years ago should be reconsidered.

Prime Minister Benjamin Netanyahu urged the United Nations to nullify Goldstone's report. Defense officials urged the international community to rewrite the laws of war. Commentators alternated between attacking Goldstone for causing what they said was irreparable damage to Israel and praising him for admitting he made a mistake.

"There are very few instances in which those who disseminate libels retract their libel. This happened in the case of the Goldstone report," Netanyahu told his Cabinet.

Urban warfare has long vexed Israelis military, which for decades was dominant over the Arab nation's numerically superior armies but has struggled with foes in crowded refugee camps, dense cities and villages lined with cinderblock homes in the West Bank, Gaza Strip and southern Lebanon.

While referring to itself as the world's "most moral army" and insisting it has strict rules of engagement, it nonetheless has killed many hundreds of civilians in fighting over the years.

The U.S. and other Western powers have faced a similar challenge in places like Iraq, Afghanistan and Pakistan, where militants often blend into civilian populations.

In December 2008 Israel launched on offensive against Gaza, a densely populated strip of land that borders southwest Israel, in response to years of Palestinian rocket fire. In three weeks of fighting, some 1,400 Palestinians were killed, including hundreds of civilians, while 13 Israelis died.

Israel said the civilian death toll was unintentional and said Gaza's Hamas rulers hid militants in populated areas and staged attacks from residential neighborhoods, schools and mosques, making civilian casualties unavoidable.

It refused to cooperate with Goldstone's investigation, commissioned by the U.N. Human Rights Council, a body with a history of anti-Israel declarations.

The Goldstone report, released in September 2009, concluded both Israel and Hamas committed potential war crimes and possible crimes against humanity.

"Goldstone" has since become a dirty word in Israel.

Israeli leaders across the political spectrum vilified the South African judge, who for years was active in Israeli charitable causes, accusing him of contributing to the "delegitimization" of Israel.

Writing in the Washington Post over the weekend, Goldstone said that in light of internal investigations conducted in Israel and a subsequent UN report last month, he was reconsidering his most serious accusation — that Israel deliberately targeted civilians.

"If I had known then what I know now, the Goldstone Report would have been a different document," he said, adding Israel's investigations "indicate that civilians were not intentionally targeted as a matter of policy."

He also said "Hamas has done nothing" to investigate the charges against it.

Israeli leaders could hardly contain their glee.

Brig. Gen. Avi Benayahu, the Israeli military's chief spokesman, suggested that Goldstone be invited to help in the country's public relations efforts.

Livni, the foreign minister during the Gaza War, was less forgiving, saying a "nice article" in the Washington Post was insufficient.

"We are talking about the rights and the legitimacy of Israel to defend itself from these terrorists that are looking for children to kill," she told CNN. "We need this clearance coming from the international community in order to have the legitimacy to act in the future."

Livni may have been alluding to the growing sense here that another round with Hamas is possible given an escalation of rocket fire from Gaza and counterstrikes by Israel.

Israel has long contended that the laws of international warfare — drafted in the wake of World War II — do not apply to the modern "asymmetrical" battlefield in which standing armies battle loosely organized militias.

Defense Minister Ehud Barak, a mastermind of the Gaza war, called for a new global approach.

"Now is the time to ... start working much more seriously how to correct the international rules, norms and laws in order that it will enable both us and others to fight against terrorists, even if terrorists are acting from within heavily condensed civilian populations," he said.

The U.S. has faced similar situations in Iraq and Afghanistan, where thousands of civilians have been killed in airstrikes and other attacks aimed at militants in densely populated areas.

In Afghanistan, 440 civilians were killed by the U.S.-led coalition last year, according to U.N. figures. That was a drop of 26 percent from the previous year, in part because of stricter U.S. rules of engagement.

International law clearly forbids deliberately attacking civilians. It becomes blurry when a military target is found in an area where civilians are known to be located, said Robbie Sabel, an international law expert at Hebrew University and a former legal adviser to Israel's Foreign Ministry,

Militaries must take precautions to avoid civilian casualties and use "proportionate" force in such situations, he said.

In Gaza, Hamas spokesman Sami Abu Zuhri said "Goldstone's retreat is reprehensible."

He noted that the report "was the effort of a team of experts, and not by Goldstone himself, and based on facts and meetings with families of victims, as well as the honest documented work of human rights groups."

___

Associated Press writers Ian Deitch in Jerusalem, Patrick Quinn in Kabul and Lara Jakes in Baghdad contributed to this report.

© 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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Published to:

  • Josef Federman's Column, All of Newsvine
  • Groups: Free Thinkers, World News and Views
  • Regions: United States , Afghanistan , Israel , Iraq , Jerusalem
  • Public Discussion (29)
Nadia T. Pugglesworth, III

Good for Goldstone for admitting his report is erroneous.

  • 5 votes
Reply#1 - Sun Apr 3, 2011 3:22 PM EDT
Levi777

What a breath of fresh air! The righteous prosper and the wicked are put to shame!! Hallelujah!

  • 5 votes
#1.1 - Sun Apr 3, 2011 3:55 PM EDT
moshawn

The facts can never be denied that more than 1200 people including more than half women children and old people were slaughterd by Israeli fire in a short period of 20 days. That avereages more than 50 people murdered each day.

  • 2 votes
#1.2 - Sun Apr 3, 2011 4:55 PM EDT
Levi777

Only one problem with that moshawn. When Hamas and Islamic Jihad use civilians as cover to shoot at Israeli soldiers, the fault lies on Hamas. Hamas and Islamic Jihad doesn't care for the Palestinians. They only care about killing Israelis, and as long as people believe the propoganda and the liars that are Hamas, truth will be denied, and the lies will prosper.

That is why the recanting of the Goldstone report is so huge. FINALLY! Someone speaking the truth! And for all his truthfulness, his career is over.

  • 5 votes
#1.3 - Sun Apr 3, 2011 4:59 PM EDT
Hippocrates of Cos

Good for Goldstone for admitting his report is erroneous

The report of Israeli war crimes is still valid, all that has changed is the admittance that there is no proof Israel issued orders to commit those war crimes even though Israeli soldiers have come forward and testified about such orders being issued.

Just like there is no proof that Hitler ever issued orders to exterminate the Jews... The lack of paperwork doesn't mean the crimes didn't happen.

  • 4 votes
#1.4 - Sun Apr 3, 2011 8:28 PM EDT
robertleereader

I seem to recall an incident where civilians were forced to walk in front of Israeli tanks as human shields.

  • 3 votes
#1.5 - Sun Apr 3, 2011 8:43 PM EDT
Reply
bonos_rama

His life was threatened, guaranteed.

  • 2 votes
Reply#2 - Sun Apr 3, 2011 5:02 PM EDT
Nadia T. Pugglesworth, III

Another baseless accusation. It's a recurring theme.

  • 5 votes
#2.1 - Sun Apr 3, 2011 5:13 PM EDT
Isabella-37

Bonos, I don't think that's what did it, even though I'm sure there were some threats. I think it was more the living hell they made his life. He gave in to the extreme pressure put on him. What they did to him, his family, and to his life was despicable:

http://www.forward.com/articles/134322/#ixzz19yeMNxm6

  • 2 votes
#2.2 - Sun Apr 3, 2011 5:56 PM EDT
Levi777

That's what happens, Nadia, when first comes belief then truth that is filtered through belief. They have to come up with some way that makes sense of what goes against their beliefs, and it really stretches into the absurd.

  • 4 votes
#2.3 - Sun Apr 3, 2011 5:57 PM EDT
Levi777

@ Isabella... well, I have this one for you:

http://unitedwithisrael.org/goldstone-repent/

So this man with the stellar past, the honorable history, is now lying. Two choices:

1) He made a mistake in 2009, and has the integrity to admit it, and correct it as best he can.

2) He lied in 2009, and he's lying now.

I'll bet it's #1.

  • 4 votes
#2.4 - Sun Apr 3, 2011 6:03 PM EDT
Isabella-37

Levi, a friend of his seems to think the same thing I thought, the pressure got to him. It was too much for him, not because he was lying in the report, but because he couldn't live with the despicable treatment anymore. I don't think many could live with the treatment he went through, so I don't blame him.

http://www.israelnationalnews.com/News/News.aspx/143308

"Former Foreign Ministry director-general Alon Liel, speaking on Channel 10 Sunday, said he is a friend of Goldstone and that the retired Jewish judge “couldn’t sleep at night" because of Jewish reaction to his scathing report against Israel. "The Jewish reaction definitely influenced him to write his op-ed in The Washington Post," Liel stated. "He added that his daughter Nicole's reaction also had an impact on him."

  • 2 votes
#2.5 - Sun Apr 3, 2011 6:59 PM EDT
Levi777

Isabelle, so the man can't sleep at night, and why? Perhaps he knew that the report was based on shoddy research? And guess what...so did many, many others. And if a man has any integrity, that would definitely keep him up at night, and it would also cause many, many others who know the truth to treat him like yesterday's diapers.

What I see is a man who has enough integrity to admit he made a rush to judgement, and a terrible mistake that resulted in people losing their lives. As a lifelong jurist he has been all about truth, and the discovery of it. To now find that his report was erroneous, and that he missed the error must have brought no end to his distress, and rightly so.

Oh, and by the way, Genesis 12, God's promise to Abraham:

1Now the LORD said to Abram,
"Go forth from your country,
And from your relatives
And from your father's house,
To the land which I will show you;
2And will make you a great nation,
And will bless you,
And make your name great;
And so you shall be a blessing;
3And I will bless those who bless you,
And the one who curses you I will curse
And in you all the families of the earth will be blessed."

What was this erroneous report, if not a curse against Israel? And in God's mercy, His curse on one Robert Goldstone was only sleepless nights, and a loss of credibility. He's taking it like a man. I wish others could as well.

  • 2 votes
#2.6 - Sun Apr 3, 2011 7:33 PM EDT
curtonthebeach

So this man with the stellar past, the honorable history, is now lying. Two choices:

1) He made a mistake in 2009, and has the integrity to admit it, and correct it as best he can.

2) He lied in 2009, and he's lying now.

3) He is the owner to a Seafront Mediterranean property as soon as Gaza is annexed.

  • 4 votes
#2.7 - Mon Apr 4, 2011 12:57 PM EDT
Reply
Danese

wow

  • 1 vote
Reply#3 - Sun Apr 3, 2011 6:09 PM EDT
Levi777

It has been rightly said that Robert Goldstone's recantation will have a miniscule amount of publicity as did the original erroneous report. From this article: http://unitedwithisrael.org/goldstone-repent/

Unfortunately, Goldstone’s “reconsideration” will not garner a thousandth of the publicity or have a thousandth of the impact that his original, baseless accusations against Israel drew. Governments – including, to what should be their abiding shame, self-styled friends of Israel in Europe and beyond who failed to vote against this report – will not rush to deliver the apology they owe our government and our soldiers.

And...

They will not rush to recalibrate their policies.

And...

They will not now rush to issue statements expressing their confidence in Israel’s capacity to properly investigate allegations of misdoings by its military, even though the man who had previously given cover for their criticisms has now reversed himself and penned an article endorsing Israel’s processes for self-investigation.

  • 3 votes
Reply#4 - Sun Apr 3, 2011 6:23 PM EDT
Ghosting_Miranda

I wish that people would quit supporting isreal. They are in the wrong with their actions against those who live Gaza. I wish they could quit fighting over land and just let people be. I consider both sides are wrong in this battle over land and who should live where. Live and let Live. Work together their pride in themselves are creating problems for both sides. I do see tend to lean on the side of those who live in Gaza though, their actions to me is the action of protecting themselves.

  • 2 votes
Reply#5 - Sun Apr 3, 2011 6:32 PM EDT
Levi777

Ghosting_Miranda, is reality and truth anywhere on the horizon for you? I wish people would quit filtering truth through their agenda.

  • 2 votes
#5.1 - Sun Apr 3, 2011 7:19 PM EDT
Ghosting_Miranda

@Levi, not sure what you mean. Speacialy filtering truth through their agenda part. When it comes to reality unfortuantly I see way too much of it, so much I wish I could turn a blind eye to the world. This a planet I live on, there isn't anything wrong in wishing or hoping for a better world.

~World Peace~

  • 2 votes
#5.2 - Sun Apr 3, 2011 8:31 PM EDT
Levi777

Why is it you wish people would stop supporting Israel? Support for Israel is not at all the cause for the problems between Israel and the Palestinians. Here's the agenda; if you want to believe that Israel is the bad people, and those poor Palestinians are suffering under their oppression, then you will see any evidence to the contrary as false, or you will ignore it, or like rose-colored glasses make all look pink, make all look to be in favor of the Palestinians.

Ghosting_Miranda, the only ones who do not want world peace are those who believe that only by dying for Allah can they gain heaven, and the media who has found that strife and conflict sell the news, and world peace does not. However troublesome times are upon us, and it will indeed get worse. But there is the bright and shining, and we should have courage, and do not fear, for there is much yet that commends us. Discover the truth, Miranda, and believe it. It's not my truth, or your truth. I speak of THE truth. If you make your agenda to discover the truth, you can be sure you will find it.

  • 3 votes
#5.3 - Sun Apr 3, 2011 9:00 PM EDT
Reply
Hippocrates of Cos

JERUSALEM — Many modern armies have struggled with how to battle an enemy who uses human shields, perhaps none more so than Israel.

Yet Israel uses human shields as well, and used them in the recent Gaza invasion. Israel has used Human Shields even after their Neighbor Procedure was outlawed by their own governmet, though it was already a human rights violation and a violation to the rules of engagement... But since Israel is a rogue terrorist state those violations are not a big surprise...

  • 4 votes
Reply#6 - Sun Apr 3, 2011 8:33 PM EDT
robertleereader

In the 2006 July War between Lebanon and Israel, a lot of Israeli military bases were located close to civilian towns. Given that Katuysha rockets aren't the most accurate munitions ever manufactured, it's no wonder that rockets would strike both military and civilian targets.

That Israel was successful in evacuating a significant percentage of the population resulting in the majority suffering nothing more than physiological trauma is commendable.

    #6.1 - Sun Apr 3, 2011 8:49 PM EDT
    slaighterDeleted
    Levi777

    @ Hippocrates...

    Yet Israel uses human shields as well, and used them in the recent Gaza invasion.

    Can you prove this? Of course, with recent developments on the Goldstone report, can we be sure about anything we haven't seen in person, with our own eyes? Video wouldn't work, since the Muhammed Al-Dura and other incidents have been proven staged. So pick your source carefully. A hint. Can't be from a pro-Palestinian publication.

    • 1 vote
    #6.3 - Mon Apr 4, 2011 5:01 AM EDT
    robertleereader

    Regarding Hamas, we all know that one of their main operational procedures is to operate within populated areas to make it harder for Israel to launch precision strikes. Even a well planned operation can still be messed up by a passerby stopping for a friendly chat.

    However the issue of human shields or whether they were used is irrelevant. Everybody has used human shields, and any military force will have disgruntled soldiers who operate under their own view of justice, from disciplined special forces to wannabe rag tag militia. Thus every army no matter how honorable their forces are on average will have outliers, the point of laws of war being to prevent such outliers from becoming the norm by setting clear repercussions. It's an argument that has long lost it's point. There are documented cases of both sides being tainted by soldiers using human shields. Whatever the reason for the use of human shields, there is only one universal outcome: higher civilian casualty rates. Don't believe that your side is pure of any tainting war crimes. It's a childish belief, one of my side is better than your side. Every knowledgeable person knows that neither side is perfect, pretending otherwise is childish.

    @ Levi777: "Can you prove this?"; Finding actual evidence to contradict the claim sounds a lot better than countering with a question. Regarding the Muhammad (*mad not *med) Al-Dura incident, it's a cultural prism. Palestinians view it as IDF brutality, and Israelis view it as anti-Semitic propaganda. Hardly a case that has settled down with a clear conclusion of what actually happened.

    @ Hippocrates: Every army has renegades. The IDF holds a clear military supremacy over Hamas. It doesn't need to use human shields, resulting in cases of soldiers acting of their own volition to use human shields. While Hamas uses human shields, it is obvious that in an outright firefight, the IDF would reign supreme. They use the tactics available to them, despite how despicable it is. The situation makes neither side better or worse. It is just the current situation.

    "Israel is a rogue terrorist state"; sounds like you already have your mind made up before posting the comment. You don't have to disregard your views, but presenting yourself as more open to hear and tolerate the opinion of others makes for useful discussions.

      #6.4 - Mon Apr 4, 2011 9:12 PM EDT
      Hippocrates of Cos

      Yes I can prove it my friend Levi, Just look up Israel's neighbor procedure on any internet search engine and you'll find plenty of News articles and documents regarding Israel's use of human shields (often children) and their neighbor procedure were IDF has used Palestinians as Human Shields for more then 20 years.

      Below are just a few that popped up on the first page of both searches. for Israel using Human Shields and their Neighbor Procedure. Hamas and Israel have a lot to explain.

      http://www.guardian.co.uk/world/2003/jan/02/israel1

      http://www.guardian.co.uk/world/2007/mar/09/israel

      http://www.guardian.co.uk/world/2009/mar/23/gaza-human-shields-claim

      http://www.independent.co.uk/news/world/middle-east/israeli-use-of-human-shields-is-judged-illegal-509907.html

      http://www.israelnationalnews.com/News/News.aspx/90924

      http://www.btselem.org/english/human_shields/20060720_human_shields_in_beit_hanun.asp

      http://newstandardnews.net/content/index.cfm/items/2331

      http://israelmatzav.blogspot.com/2010/10/idf-ethics-guru-slams-high-court-ruling.html

      http://www.jpost.com/Israel/Article.aspx?id=3588

      • 5 votes
      #6.5 - Mon Apr 4, 2011 9:45 PM EDT
      Hippocrates of Cos

      every army has renegades. The IDF holds a clear military supremacy over Hamas. It doesn't need to use human shields, resulting in cases of soldiers acting of their own volition to use human shields

      Sorry robertleereader, but you are working on a faulty presumption. These are not the actions of renegades in Israel's IDF. These are IDF soldiers obeying orders to continue using Israel's outlawed Neighbor Procedure. IT has been offical policy for more then 25 years. Check it out for your self, please.

      • 4 votes
      #6.6 - Mon Apr 4, 2011 9:48 PM EDT
      robertleereader

      @ Hippocrates

      I stand corrected. The Israeli supreme court banned the use of Human Shields back in 2005, and as a result the cases have dropped sharply. And I acknowledge that the IDF does continue to use human shields, although individual soldiers have been prosecuted. That some of the soldiers prosecuted have never faced jail time makes a farce of the military judicial system.

      • 4 votes
      #6.7 - Mon Apr 4, 2011 10:28 PM EDT
      Hippocrates of Cos

      robertleereader That some of the soldiers prosecuted have never faced jail time makes a farce of the military judicial system.

      Thank you for looking into it without bias.

      I completely agree. It is inexcusable behavior whether done by Hamas or IDF. The lack of jail time in cases that have been proven unequivocally, is almost as appalling as the act itself. Though in a couple cases there was jail time (suspended sentences, out in 6 months).

      I can understand this is not being prosecuted in Gaza by the proper authorities because Hamas is a terrorist organization, but Israel claims to be democratic and law-abiding. They have done too much to hurt their own image and they criticize people who take notice of such things...

      • 3 votes
      #6.8 - Tue Apr 5, 2011 3:40 PM EDT
      Reply
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