

I have stood with Israel my entire career. As a senator, I fought to get Magen David Adom accepted to the International Red Cross when other nations tried to exclude the organization. I wrote and co-sponsored bills that isolated terror groups, and pushed to crack down on incitement in Palestinian textbooks and schools. As secretary of state, I requested more assistance for Israel every year, and supported the lifesaving Iron Dome rocket defense system. I defended Israel from isolation and attacks at the United Nations and other international settings, including opposing the biased Goldstone report.Although I do not distrust Hillary's intentions toward Israel, you know what they say about good intentions and the direction of its paving. It is her foreign policy ideology that I do not trust. It is her unwavering belief in the ongoing failed Oslo nonsense.
And while no solution can be imposed from outside, I believe the United States has a responsibility to help bring Israelis and Palestinians to the table and to encourage the difficult but necessary decisions that will lead to peace. As president I will never stop working to advance the goal of two states for two peoples living in peace, security and dignity.This is the big problem.
For more than five years, the question of who exactly authored the UN’s 2009 Goldstone Report has been an enduring mystery. The report, written under the auspices of South African Judge Richard Goldstone, was a shocking 500-page indictment of Israel that accused its political and military leadership of deliberately targeting Palestinian civilians during the 2008-2009 Operation Cast Lead in Gaza, and condemned the Jewish state as a whole for systematic and institutionalized racism, among other atrocities and abominations.
The answer to that riddle—which involves a radical Marxist law professor who held the equivalent of a general’s rank in the global lawfare movement against Israel, and more broadly, the UN department that selected her—has additional importance today because of the controversy swirling over the upcoming sequel to the Goldstone Report dealing with 2014’s Operation Protective Edge, which will be presented to the UN Human Rights Council (HRC) in Geneva on March 23.
Understanding who wrote the 2009 report—and how the establishment behind it remains in place—constitutes a direct rebuttal to the latest campaign by HRC backers and activist groups to salvage the reputation and legitimacy of the Goldstone II commission of inquiry into alleged Israeli war crimes.
[W]hat no one has understood or appreciated until now is the decisive role in the “process”—to use the words of the current HRC president—played by the UN’s Office of the High Commissioner for Human Rights (OHCHR).
To understand the OHCHR, one must understand the close relationship between two distinct but closely related UN entities. One is the 47-nation Human Rights Council, a political body heavily influenced by the vote-trading power and petrodollars of the Arab and Islamic states. It meets regularly three times a year for month-long sessions.
At the Arab states’ initiative, and with varying degrees of complicity by the EU and others, half of the resolutions passed by the HRC condemn Israel; there is a special agenda item against Israel at every HRC meeting; and the HRC has produced more emergency sessions and inquiries against Israel than any other country in the world.
The OHCHR is based nearby in Geneva. It is a thousand-strong bureaucracy that serves the council by carrying out its investigations, writing requested reports, staffing the council sessions, and acting year-round as its secretariat. From 2008 until this summer, the office was headed by High Commissioner Navi Pillay, who famously said that “the Israeli Government treats international law with perpetual disdain.”
Those who work in the OHCHR see themselves as an independent and neutral agency of the UN dedicated to promoting and protecting human rights. ....
From time to time, some OHCHR bureaucrats act on the margins, and only in small ways, to try to resist the more absurd and harmful dictates they receive from the political body. Yet when it comes to Israel, the position of the OHCHR under Navi Pillay has been more in line with the HRC than ever before. The most inflammatory and vitriolic notes from Arab speeches delivered to the council find their echo in the reports drafted by European nationals working for the OHCHR, many of whom are graduates of British universities and come from organizations like Amnesty International. If that weren’t enough, their work is subject to the scrutiny and constant pressure exerted by the 56-nation Islamic bloc.
Something that is vital to understand about UN commissions of inquiry is that, in practice, their commissioners don’t write the resulting report. The secretariat does. To be sure, some commissioners may provide directions and revisions—and it is clear that Schabas would have been more hands-on than others—but the bulk of the work is performed by a professional staff that can be comprised of human rights officers, forensics experts, and lawyers. As a result of this, chief-of-staff Marotta had the power to oversee the entire [Goldstone] project.
Thus, through [Francesca ] Marotta, senior officials within the OHCHR would have had the ability to exercise influence over the report—officials like Mona Rishmawi, a Palestinian lawyer who, prior to joining the OHCHR, had written articles comparing Israelis to Nazis.
The role of Marotta and the OHCHR was known at the time, if not fully appreciated. What a probe by UN Watch has now revealed, however, is that outside staff recruited by OHCHR included some of the most radical anti-Israel activists in the world.
One of the known staff members was Sareta Ashraph, whose job, as she described it, was to assist in the investigations, conduct interviews with victims and witnesses, and gather exhibits. Ashraph has also revealed that she was “responsible for drafting several chapters of the final report.”
When it comes to Israel, Ashraph is, to put it mildly, less than impartial. She was and remains a member of Amnesty International, one of the leading groups accusing Israel of war crimes in 2009, and which pushed for and defended the UN inquiry. She was the main organizer of a London lecture on behalf of Lawyers for Palestinian Human Rights, featuring anti-Israel lawfare activists Raji Sourani (head of the Palestinian Center for Human Rights) and Daniel Machover. She also worked in the West Bank on “investigations of allegations of violations of international humanitarian law following ‘Operation Defensive Shield’ in 2002.”
What has not been known until now is that the other key figure on the staff was, through her substantial anti-Israel publications, activism, and leadership role in waging lawfare, exponentially more problematic—someone whose life’s dream was to prosecute Israelis for war crimes and who devoted several years of her life to making this dream come true.
Grietje Baars [is]a Dutch-born law professor who teaches in London. In contrast to Ashraph, who in the immediate aftermath of the report wrote in detail about her role in the Goldstone Report, Baars took pains to obscure her participation.
It is easy to see why. If people knew who Baars was and her role in the report, there would have been justified outrage at OHCHR for selecting her.
The world has the right to know the identities and roles of people involved in writing Goldstone II, to prevent a repeated of the biased staffers of Goldstone I.
[W]hen OHCHR hired her to work on the Goldstone Report, they must have known about Baars’ scholarship. They must have known that she was a self-described Marxist whose doctoral thesis was “a radical Marxist critique of law and capitalism,” and that her academic focus included “anti-occupation struggles and their intersection with other solidarity/liberation struggles” such as “anti-capitalism, anarchism, animal, and queer liberation.”
OHCHR would certainly have known of Baars’ prominent advocacy scholarship against Israel, such as her 2007 law journal article in the Yearbook of Islamic and Middle Eastern Law, entitled “Corrie et al. v Caterpillar: Litigating Corporate Complicity in Israeli Violations of International Law in the US Courts.” The article analyzes case law and suggests best practices regarding Palestinian lawfare efforts against Israel and the movement to boycott companies doing business with Israel, with numerous comparisons to the Nuremberg trials against the Nazis. Publications by Baars subsequent to her time on the Goldstone Report have also accused Israel of “war crimes, crimes against humanity, and grave breaches.”
But OHCHR must also have known that Baars was much more than a scholar: She was a hardcore anti-Israel activist who has risen to become a leading figure in the global lawfare movement—a worldwide campaign to erode Israel’s international standing through the misuse of the language and mechanisms of international law, with the goal of blunting Israel’s ability to defend itself by putting the country on notice that any measures taken against terrorists based among civilians will be put under an international microscope.
By 2009, Baars already had a disturbing track record of extreme hostility against Israel. Because of the sensitive nature of her position, OHCHR must have examined her resume and conducted a basic Google search, all of which would have revealed her prejudice and made it clear that prosecuting Israelis in international courts was essentially her life’s dream. In other words, that she was the very opposite of the impartial, neutral, and objective member of the secretariat envisioned under the UN Charter.
An email Baars sent to her activist colleagues as the Gaza conflict unfolded in December 2008—the war she would later investigate for the Goldstone Commission—preemptively declared that Israel was conducting a “massacre” in the territory and ranted about Israeli “lies we have to fight.”
Baars sent the email after receiving a purportedly leaked copy of guidelines for pro-Israel spokespeople responding to questions about the incursion. “These are the lies we have to fight to end the massacre in Gaza,” her email says. “This has been leaked from sources in Washington DC. Please study this and prepare a response as defiantly yet respectfully as you can do. This is easy to trash, but do so in a civil manner please. Outrage is our weapon, but respect is our salvation.”
Beyond what it says about the credibility of the Goldstone Report, Baars’ involvement raises serious questions about the impartiality of OHCHR, which filled the inquiry’s secretariat with a mixture of its own staffers and outside hires. Why has it refused to reveal the make-up of the secretariat, leaving the public in the dark except for a few names that have inadvertently leaked out?
There seems no question that Goldstone was duped. He never suspected that OHCHR, the UN agency in charge of providing him with professional staff support, had quietly embedded one of the world’s top anti-Israel lawfare strategists into the team. After all, only four years before, Goldstone had worked on another UN inquiry on the oil-for-food program. In that case, he was supported by a highly professional staff based in New York, with most if not all of them lawyers and experts hired from the outside. Goldstone assumed the Gaza inquiry would be the same.
But it was not the same. The culture of the Geneva-based OHCHR secretariat is known to be far more anti-American, anti-colonial, and anti-Israel than the one in New York. In his naiveté, Goldstone was blind to the prejudice and political agenda of his own bureaucracy. Indeed, there is not the slightest indication that Goldstone had any knowledge of Baars’ extremist activism. But OHCHR knew—and that is why they hired her.
What do we know so far about the actual staff members of Goldstone II? As in 2009, OHCHR refuses to respect the principle of transparency by revealing who is on the staff, even though this is common practice elsewhere, such as in the UN’s 2005 oil-for-food report.
I have seen this bias with my own eyes. When I met with the Schabas Commission on September 17, 2014 to personally hand them a written demand for Schabas’ recusal, there were only two staff members in the room, both of them from OHCHR’s Arab section, known as Middle East and North Africa: One was Frej Fenniche, a Tunisian who was a spokesman for the UN’s notoriously anti-Semitic Durban conference on racism in 2001. The other was Sara Hammood, a former spokesperson for the UN’s most anti-Israel committee. Hamood also worked as a “policy advisor on Israel and the occupied Palestinian territory” for Oxfam Novib, where she wrote one-sided reports and joined others in critical statements against Israel. This was the initial staff of OHCHR, who were presumably involved in hiring the others.
The current staff—Schabas has mentioned that it is composed of “a dozen specialists”—includes Karin Lucke, OHCHR’s former coordinator of the Arab region team, and now listed as working for the UN in New York. Amnesty notes that the current team includes the OHCHR staff from “Geneva, Ramallah, and the Gaza Strip.” According to Geneva sources familiar with the probe, a number of the staff members are from the Arab world.
In summary, there is every reason to suspect that OHCHR has manipulated the staffing for Goldstone II just as it did in 2009.
1. Civilian objects shall not be the object of attack or of reprisals. Civilian objects are all objects which are not military objectives as defined in paragraph 2.Many countries, when they ratified this article, clarified it to ensure that collateral damage is not covered by the first sentence of paragraph 2. So, for example, Canada wrote:
2. Attacks shall be limited strictly to military objectives. In so far as objects are concerned, military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.
3. In case of doubt whether an object which is normally dedicated to civilian purposes, such as a place of worship, a house or other dwelling or a school, is being used to make an effective contribution to military action, it shall be presumed not to be so used.
It is the understanding of the Government of Canada in relation to Article 52 that ...the first sentence of paragraph 2 of the Article is not intended to, nor does it,deal with the question of incidental or collateral damage resulting from an attack directed against a military objective.Italy, Australia, the UK, France and New Zealand added similar language (CIHL II para. 83-91)
The presence of noncombatants in or around a military objective does not change its nature as a military objective. Noncombatants in the vicinity of a military objective must share the danger to which the military objective is exposed.Note that we are not saying that the existence of civilians at a military target can be ignored; that is part of the Proportionality discussion that will be forthcoming. But clearly international law allows the attack on military targets even if there are some civilians there.
A situation may arise where the target changes its appearance from civilian to military or vice versa. For instance, if anti-aircraft batteries are stationed on a school roof or a sniper is positioned in a mosque’s minaret, the protection imparted to the facility by its being a civilian object will be removed, and the attacking party will be allowed to hit it . . . A reverse situation may also occur in which an originally military objective becomes a civilian object, as for instance, a large military base that is converted to a collection point for the wounded, and is thus rendered immune to attack.
The accused must have acted consciously and with intent, i.e., with his mind on the act and its consequences, and willing the ("criminal intent" or "malice aforethought"); this encompasses the concepts of "wrongful intent" or "recklessness"....
1635. In response to questions by the Mission, on 29 July 2009, the Gaza authorities stated that they had “nothing to do, directly or indirectly, with al-Qassam or other resistance factions” and stated that they were able to exercise a degree of persuasion over the armed factions in relation to proposed ceasefires. While noting that the weaponry used by the armed factions was not accurate, the Gaza authorities discouraged the targeting of civilians.The report did not express any skepticism over this absurd distinction between Hamas and the Al Qassam Brigades.
PROMINENT Gaza human rights lawyer Raji Sourani has called South African judge Richard Goldstone a liar, following recent comments he made in the New York Times regarding apartheid in Israel.The article also notes the comments from another member of the lynch mob:
Speaking at a Palestine Solidarity Campaign event in the city yesterday, ahead of the weekend Russell Tribunal, the founder of the Palestinian Centre for Human Rights in Gaza lashed out at Goldstone for saying apartheid did not exist in Israel.
Last month, Goldstone criticised the Russell Tribunal in an opinion piece in the New York Times, entitled “Israel and the apartheid slander”. He wrote that there was no apartheid in Israel, and called the suggestion a “particularly pernicious and enduring canard”.
“It is an unfair and inaccurate slander against Israel, calculated to retard rather than advance peace negotiations,” he said.
But Sourani hit back yesterday, saying that Goldstone “is lying”.
“When he says there is no injustice in Israel, he is lying.”
The Palestine Solidarity Campaign also hit out at Goldstone in a statement read out by the organisation’s Martin Jansen. “The very recent but weak attack by Richard Goldstone on the tribunal not only exposes him as an ardent Zionist, but his shameful U-turn on the Goldstone report demonstrates his bias as a ‘juror’.”
Speaking at yesterday’s event, Palestinian refugee Leila Khaled drew parallels between South Africa’s apartheid regime and her own experiences in Palestine.Leila Khaled is a convicted terrorist who was behind two airplane hijackings. Characterizing her as a "refugee" and giving her a place of honor at this so-called "tribunal" tells you all you need to know about it.
We know a lot more today about what happened in the Gaza war of 2008-09 than we did when I chaired the fact-finding mission appointed by the U.N. Human Rights Council that produced what has come to be known as the Goldstone Report. If I had known then what I know now, the Goldstone Report would have been a different document.Goldstone's admission, welcome as it is, is disingenuous.
...Our report found evidence of potential war crimes and “possibly crimes against humanity” by both Israel and Hamas. That the crimes allegedly committed by Hamas were intentional goes without saying — its rockets were purposefully and indiscriminately aimed at civilian targets.
The allegations of intentionality by Israel were based on the deaths of and injuries to civilians in situations where our fact-finding mission had no evidence on which to draw any other reasonable conclusion. While the investigations published by the Israeli military and recognized in the U.N. committee’s report have established the validity of some incidents that we investigated in cases involving individual soldiers, they also indicate that civilians were not intentionally targeted as a matter of policy.
For example, the most serious attack the Goldstone Report focused on was the killing of some 29 members of the al-Simouni family in their home. The shelling of the home was apparently the consequence of an Israeli commander’s erroneous interpretation of a drone image, and an Israeli officer is under investigation for having ordered the attack. While the length of this investigation is frustrating, it appears that an appropriate process is underway, and I am confident that if the officer is found to have been negligent, Israel will respond accordingly. The purpose of these investigations, as I have always said, is to ensure accountability for improper actions, not to second-guess, with the benefit of hindsight, commanders making difficult battlefield decisions.
Israel’s lack of cooperation with our investigation meant that we were not able to corroborate how many Gazans killed were civilians and how many were combatants. The Israeli military’s numbers have turned out to be similar to those recently furnished by Hamas (although Hamas may have reason to inflate the number of its combatants).
Israel’s lack of cooperation with our investigation meant that we were not able to corroborate how many Gazans killed were civilians and how many were combatants. The Israeli military’s numbers have turned out to be similar to those recently furnished by Hamas (although Hamas may have reason to inflate the number of its combatants).But this blog as well as others had, already at that time, documented that hundreds of so-called "civilians" were in fact Hamas combatants, based purely on Hamas' own admissions in Arabic.
The Goldstone report asserts that the Bader flour mill “was hit by an airstrike, possibly by an F-16.” The Israeli investigators say they have photographic proof that this is false, that the mill was accidentally hit by artillery in the course of a firefight with Hamas militiamen.It turns out that Goldstone had photographic proof that the flour mill was not hit by airstrikes as well - and purposefully ignored it.The dispute is significant since the United Nations report asserts that “the destruction of the mill was carried out for the purpose of denying sustenance to the civilian population,” an explicit war crime.
The Mission visited the site of the air strikes and surveyed the surrounding area in Sudaniyah, west of Jabaliyah. It met and interviewed the Hamada brothers, joint owners of the el-Bader flour mill, on four occasions. It spoke with representatives of the business community about the context and consequences of the strike on the flour mill. Mr. Hamada also testified at the public hearings in Gaza.493...So, Goldstone reports based on the credible Hamada brothers that the flour mill was struck by F-16s and Apache helicopters on January 9th.
919. On 9 January, at around 3 or 4 a.m., the flour mill was hit by an air strike, possibly by an F-16. The missile struck the floor that housed one of the machines indispensable to the mill’s functioning, completely destroying it. The guard who was on duty at the time called Mr. Hamada to inform him that the building had been hit and was on fire. He was unhurt. In the next 60 to 90 minutes the mill was hit several times by missiles fired from an Apache helicopter. These missiles hit the upper floors of the factory, destroying key machinery. Adjoining buildings, including the grain store, were not hit. The strikes entirely disabled the factory and it has not been back in operation since.
922. The Mission found the Hamada brothers to be credible and reliable witnesses. It has no reason to doubt the veracity of their testimony
The Al-Badr Flour Factory of Sudaniyya appears in the satellite imagery to be composed of multiple building sites situated along the north side of El-Bahar Street. Based on the detailed assessment from the imagery, the only visible damages detected to the factory complex are to the southernmost building which was severely damaged along the southeastern side. The damages appear to have occurred between 16 and 18 January 2009. Within the immediate 500m vicinity of the factory complex there are a total of 43 detected damage sites, including 33 destroyed or severely damaged buildings. The majority of this identified damages occurred between 10 and 18 January 2009. There are clear indications in the imagery of extensive IDF tank movement and related damage to both buildings and vegetation cover in this area during the last three days of the conflict. It is probable, givenUNITAR, based on a time sequence of satellite images, finds that all the damage seems to have occurred a full week after Goldstone's "credible witnesses" said it was strafed by multiple air attacks - while the IDF was on the ground, fighting. And damage on the upper floors done by Apache helicopters would presumably be visible on satellite images.
the damage signatures, that the majority of damage in this area was caused by intense IDF ground fire. It is important to note that because of the angle of satellite imagery acquisition, it is possible that severe damage to the north and eastern side of the flour factory buildings has not been detected.
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