Showing posts with label Goldstone Report. Show all posts
Showing posts with label Goldstone Report. Show all posts

Tuesday, April 19, 2016




Here’s the curious case of one of them.
Born to non-Jewish parents in 1929, Lynne Reid Banks is a prominent British novelist, best-known for The L-Shaped Room (1960) which was made into a movie. Among her works are children’s novels set in Israel, where she worked on a kibbutz, and where she married an Anglo-Jewish sculptor, Chaim Stephenson, and had three sons. She became an Israeli citizen after the Six Day War, but in 1971, after nine years in Israel, she resettled in Britain with her family. There, she stoutly defended Israel from obloquy; few more passionate expositors of the Israeli cause existed than she. I well remember the stirring speech that she made at a pro-Israel rally one brisk and overcast Sunday in Trafalgar Square to express solidarity with the valiant little Jewish State during the Yom Kippur War and to protest the Heath government’s odious refusal to supply Israel with spare parts for its British-made tanks.
Around that time, The Times (18 October 1973) published a letter by the eminent writer Dame Freya Stark, noted as an explorer and traveller, and then living in Italy; the letter observed that during the 1940, when Britain fought against Nazi Germany,
“The Egyptians did not then stand by us for territory nor for oil, but for an idea of freedom which we shared. They are fighting now not only for their Arab civilization, but for honour and respect and to prove that they can die. We too have fought against the odds, and may, in the memory of our old friendship, salute them.”
This letter drew an immediate riposte from Lynne Reid Banks, bristling with emotion and indignation, published in The Times on 20 October:
…. I cannot any longer tolerate the tone of letters like Freya Stark’s …
How can she sit there fanning herself on some Italian balcony … talking incomprehensibly about the fight for Arab civilization … what civilization? The one in which adulterers are to be whipped in the streets, in which there are public hangings, in some parts of which slaves are to be kept? Is this to be mentioned while the sons of Jews, who have contributed more to true civilization in every field than any other single group on earth, are being blown to pieces fighting against fantastic odds for a tiny corner of the world to call their own?
Let me remind Freya Stark and her ilk that the debt we owe to the Arabs for their invaluable contribution to our side in the last war – the Grand Mufti’s and the Syrian’s [sic] well-known Nazi sympathies take the edge off this, of course – is nothing to the debt that we owe to the Jews, not only for their ubiquitous contribution to the war effort, but for what we stood by and allowed them to suffer in Europe. Nor are the Arabs now fighting for their civilization, such as it is, but for their “honour”, currently represented by a large area of desert which, when they had it, they only used to site missiles in, and one war-torn strip of moonlike high ground which for 20 years was used solely to lob shells onto farm settlements below.
…. They are hundreds of millions of people. Israel is three million. They are rolling in admittedly unequally distributed money: Israel survives back-breaking taxes, sweat and charity. They possess thousands upon thousands of square miles of territory, not a fraction of which they know what to do with; Israel has, and is holding on to with her teeth, a sliver of land the size of Wales, which even the Foreign Office’s most rabid Arabist cannot claim the Jews have not earned, deserved and done well by. Apart from that sliver, there are “buffer areas”, bravely fought for and as we now see, absolutely essential for Israel’s survival. It is these two God-forsaken lumps of land that the Arabs are now saving their faces by fighting for. Could really civilized people think this worth what it is costing?
I won’t deny that one can see some right and justification on the Arab side, if one is able to preserve a total detachment. But in the present desperate situation, it is beyond me how any person, or any government, can do this. Young Jewish men, raised up in a country that I so deeply love, with such expectations, such shining promise, such an inbuilt probability of contributing to progress and sound thinking and enlightenment, are dying at this moment. I have lived with them, loved them, and taught them [English], and their deaths in this wicked, senseless struggle tear me apart. Let Freya Stark and [anti-Israel Labour MP Christopher] Mayhew and all of them weep for the Arab equivalent, if they can find them. Meanwhile, how can any outsider with any grasp of essentials fail to support Israel? How can the [Heath] Government fail to support it?’
On 23 November 1974 – ten days after the villainous Arafat’s “gun or olive branch” speech to the UN General Assembly, The Times carried a letter from Ms Reid Banks in which she fumed:
“I have been watching your correspondence columns closely, but have not seen a single letter objecting to the appearance before the Assembly of the United Nations of an avowed and flagrant terrorist without a country to represent. I find it very hard to believe you received no such letters, easier to wonder if The Times elected not to publish them.
By the same token I waited until today (November 21) for some mention of the news about UNESCO’s cultural committee calling for sanctions against Israel (for archaeological excavations in her own capital on which completely satisfactory reports have been submitted to the committee by independent experts), or for the reaction this instantly called forth from a group of French intellectuals. Simone de Beauvoir, Jean Paul Sartre and others publicly said they would dissociate themselves from all UNESCO activities unless Israel were reinstated. Was this not hard news? Yet it did not appear, not in your paper and not in others either.
These and other strange omissions have caused me to make some high level inquiries. We all know Fleet Street is in a bad way economically. Could it be that Arab government press offices might not be so willing to pay hugely for supplements and full-page advertisements if editorial matter appeared which was unfavourable to Israel? This is strongly bruited.”
Almost a year later, in a letter to The Times (14 October 1976) Ms Reid Banks joined Oxford scholar Dr Harry [Harold] Shukman and pro-Israel writer Alan Sillitoe in condemning the UN’s “present victimization of one member nation”.
And yet, nowadays, Ms Reid Banks is herself participating in that victimisation. She has lurched from the pro-Israel to the anti-Israel camp, in the most inexplicable and regrettable way.
Perhaps the writing on the wall could be read between the lines in her letter of 20 October 1973 quoted above, in her reference to “some right and justification on the Arab side, if one is able to preserve total detachment”. Yet, Israel is as heroic as ever it was, a beacon of enlightenment in a region of darkness, and its imperilment as dire as ever it was, given Iran’s nuclear ambitions.
When did Lynne Reid Banks’s lurch begin? When did she start to cross the Rubicon? “Parallel Lines,” her article in The Times of 26 February 1994 concerning her decision to visit to Jordan provides a clue:
…. There was one special thing I wanted to do, and as my trip proceeded, this goal came to seem not just the quixotic whim it had appeared, even to me, at first, but an important part in the peace process. I always said and believed that nothing will come good until we can make the imaginative leap into our opponent’s point of view.
Brian Keenan, early on in An Evil Cradling, his account of his four years as a hostage in Lebanon, wrote the words that had set me off on this quest: “There are those who ‘cross the Jordan’ and seek out truth through a different experience from the one they are born to, and theirs is the greatest struggle…. Unless we know how to embrace ‘the other’, we are not men, and our nationhood is wilful and adolescent. Those who struggle through the turbulent Jordan waters have gone beyond the glib definitions of politics or religion. The rest remain standing on either bank, firing guns at one another.”
Now, with peace at last seriously on the Middle East agenda, this need of mine, to put myself into the enemy’s eye-sockets, if not into his heart and passions, seemed no less compelling but more….
And so these days Lynne Reid Bank’s name can be found appended to full-page advertisements in London newspapers denouncing Israel.
Note this. in an interview she gave to The Times (published 13 August 1984) she explained that she had not become a Jew. “I regard the idea of converting to Judaism as a complete nonsense,” she stated. “You can sympathize with, be part of and learn about, but you cannot ever be Jewish – it is just not possible.” She added: “I think I’m more use to them as an unrepentant Gentile.”
Yet what does this “unrepentant Gentile” do now that she’s joined the ranks of the Israel-bashers? Why, she signs full page ads containing such statements as
“We, the undersigned Jews in Britain, affirm our opposition to the continuing occupation, call upon the British Government to use its influence in Washington and the Middle East to bring the occupation to a rapid end (Independent Jewish Voices, “A Time to Speak Out – Now!”, The Times, 19 November 2008);
“We, Jews who insist on the humanity of all, regardless of race and creed …” (Jews for Justice for Palestinians, “Stop the Slaughter!” full page ad., The Times, 14 January 2009)
And, in The Times of 1 December 2009, her name appeared beneath a full-page “Open Letter to [then Prime Minister] Gordon Brown(by members of Independent Jewish Voices, Jews for Justice for Palestinians, Jewish Writers Against the Occupation, Jewish Socialist Group, and Jewish Writers Against the Occupation ) excoriating Israel and supporting the Goldstone Report.
The woman who once railed so justifiably against UNESCO’s victimisation of the Jewish State also signed the noxious statement headed “Our cultural boycott of Israel starts now” that appeared in The Guardian on 13 February 2015: [https://artistsforpalestine.org.uk/2015/02/13/guardian-our-cultural-boycott-of-israel-starts-now/] and which announced so egotistically:
Along with more than 600 other fellow artists, we are announcing today that we will not engage in business-as-usual cultural relations with Israel. We will accept neither professional invitations to Israel, nor funding, from any institutions linked to its government. Since the summer war on Gaza, Palestinians have enjoyed no respite from Israel’s unrelenting attack on their land, their livelihood, their right to political existence. “2014,” says the Israeli human rights organisation B’Tselem, was “one of the cruellest and deadliest in the history of the occupation.” The Palestinian catastrophe goes on. Israel’s wars are fought on the cultural front too. Its army targets Palestinian cultural institutions for attack, and prevents the free movement of cultural workers. Its own theatre companies perform to settler audiences on the West Bank – and those same companies tour the globe as cultural diplomats, in support of “Brand Israel”. During South African apartheid, musicians announced they weren’t going to “play Sun City”. Now we are saying, in Tel Aviv, Netanya, Ashkelon or Ariel, we won’t play music, accept awards, attend exhibitions, festivals or conferences, run masterclasses or workshops, until Israel respects international law and ends its colonial oppression of the Palestinians.
When I told a friend that I was writing this Elder post on the subject of Ms Reid Banks’s lurch from an arch-champion of Israel into a foe, my friend, noting her advanced aged, suggested “Perhaps she’s gone senile”. I am not so sure. Still, I find that that explanation for her volte-face has also occurred to others, such as this exchange by commenters regarding the above announcement [https://disqus.com/home/discussion/harrysplace/british_artists_respond/]:
Commenter One:
I have to admit I was quite shocked and upset to see Lynne Reid Banks on the list. I read "The L-Shaped Room" in 1978 while travelling in Europe and Israel and enjoyed it immensely. She was very familiar with Israel, lived there on kibbutz for 8 years and it showed in her work. She's quite old now so perhaps senility has set in. It's one thing for an artist who clearly identified with Israel's left to be critical of a right-wing government, but quite another to sign on to a cultural boycott. I am sad and disgusted, and find myself hoping it's dementia, which is sad in itself.
Commenter Two:
Without being able to go into specifics, I know something of Lynne Reid Banks' behaviour in respect of obligations to her Jewish family connections which show her in a less than wonderful and egocentric light. I'm not in the least surprised by her being on this list. She severed her connections with Israel long ago. The Israel she was interested in is a fantasy of kibbutz life that might have been credible in 1962 but is long past.
Commenter One (again)
By her action signing this petition, I wouldn't question anything you've written. What a dreadful "journey" (god how I hate that word) she's been on since then.
Commenter Three
That was my reaction too. Hers was the only name that took me aback.



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Sunday, November 08, 2015





hillary clintonHillary Clinton has a recent piece in The Forward entitled, How I Would Reaffirm Unbreakable Bond With Israel — and Benjamin Netanyahu.  Despite her role in the most anti-Israel administration in American history, Clinton wants us to believe that she cares about Israel, has an "enduring emotional connection" to the land and its people, and has done all sorts of good work in supporting the Jewish state.


She tells us:
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.

It is the likelihood that after eight years of Obama's antics we will get more of the same from Hillary.

She reminds us that "in 2012 I led negotiations for a cease-fire in Gaza to stop Hamas rockets from raining down on Israeli homes and communities."

The is sort-of true.  Clinton did lead the cease-fire effort at the time, but its primary effect, whatever its intention, was to save Hamas from Israeli retaliation.  If Clinton was interested in preventing Hamas rocketeers from ruining the lives of Israeli children then she might not have waited until the moment that Israel started shooting back before interfering.  Hamas sent thousands of rockets into southern Israel in the years preceding that engagement and if Hillary was so opposed she might have used her influence to see about de-funding the Jihadi organization.

She didn't.

Aside from outlining the various ways that she has been allegedly friendly to Israel in the past, she also assures us that she will be friendly to Israel in the future.
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.

And it is why no one who cares about the well-being of the Jewish State of Israel, or the well-being of Jewish people, in general, should support Hillary's campaign for president.  Hillary, like Barack Obama, is a devotee of the Oslo Delusion.  We already know how this movie is going to end because we have seen it many times before.

It looks something like this:

1) The US and the EU demand negotiations between Israel and the Palestinian Authority.

2) The parties agree to talk and then the PA, the US, and the EU demand various concessions from Israel for the great privilege of sitting down with the PA's foremost undertaker.

3) Israel fails to meet all the concessions, thus causing the PA to flee negotiations, which they never had any intention of concluding to begin with.

4)  The PA and the EU and the left-leaning American administration place the blame for failure at Jewish feet.

5)  The EU and various European countries announce additional sanctions, thereby essentially joining the anti-Semitic anti-Zionist BDS movement.

6)  Jihadis seek to murder Jews.
We are in phase number six of the current round at this particular moment... as anyone who cocks their head out the car door window in Jerusalem, and listens to the screams, will attest.  Young Arab-Muslim men are running around Israel stabbing old Jewish ladies and young Jewish children and many in the West believe Israeli Jews richly deserve it.  Part of the reason that many in the West, particularly on the Left, think that Arabs have every right to kill Jews is because people like Barack Obama and his administration constantly blame Arab violence on their Jewish victims.

For years, Barack Obama - and people who think like him - have essentially told the world that the real problem is that Jews are so arrogant that they think that they should have the right to build housing for ourselves in Judea... not to mention Samaria.  Thus, suddenly, the word "settler" begins to gain evil connotations and the Jewish people are encouraged to split between those of us who oppose these evil settlers and those of us, being evil ourselves, support the evil settlers.

I support the evil settlers.

That land and those hills represent the very heartland of the Jewish people and no one is going to tell me that Judea belongs to the Arab conquerors of Jewish land.  Since at least the Peel Commission of 1937, the Jewish people in the Land of Israel have, over and over again, demonstrated their willingness to share what little bit of Jewish land there is with their hostile neighbors.

Time and again they were rebuked.

What Hillary Clinton needs to understand, and what Barack Obama never learned, is that this is not a war over land.  It is a centuries-long Arab-Muslim imposition of imperial supremacy upon all non-Muslims, most particularly those that they call the children of orangutans and swine, i.e., the Jewish people.

What Hillary Clinton needs to understand is that while Israeli-Jews are not victims, because they refuse to be victims, this does not mean that they are oppressors, either.  It is the Arabs, not the Jews, who have turned that particular human tendency into an art-form.


Michael Lumish is a blogger at the Israel Thrives blog as well as a regular contributor/blogger at Times of Israel and Jews Down Under.

This blog may be a labor of love for me, but it takes a lot of effort, time and money. For over 11 years and over 22,000 articles I have been providing accurate, original news that would have remained unnoticed. I've written hundreds of scoops and sometimes my reporting ends up making a real difference. I appreciate any donations you can give to keep this blog going.

Monday, March 02, 2015

This is the must-read article of the day, from The Tower. Excerpts:

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.

Sunday, August 03, 2014

I have described how Hamas is violating at least 19 principles of international law in the current fighting.

Now, is Israel?

The criticism most often given of Israel's actions is that it is violating the "principle of distinction." The Geneva Conventions Additional Protocol 1, article 52, states it this way:

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.

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.
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:
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)

Logic dictates that it cannot be otherwise. If these caveats aren't in place, then anyone can make any military target immune from attack placing a civilian there, or placing the target in a house or church or hospital that is still used as such. So, for example, Australia's Defence Force Manual states:
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.

Who determines whether something is a military target or not?

It is not reporters, or eyewitnesses, or residents of nearby houses, or human rights organizations. That decision is given to the military commander, based on the best available information at the time.

So, for example, The Military Manual of the Netherlands says that “the definition of ‘military objectives’ implies that it depends on the circumstances of the moment whether an object is a military objective. The definition leaves the necessary freedom of judgement to the commander on the spot."

Sweden's IHL manual states "it is up to the attacker to decide whether the nature, location, purpose or use of the property can admit of its being classified as a military objective and thus as a permissible object of attack. This formulation undeniably gives the military commander great latitude in deciding, but he must also take account of the unintentional damage that may occur. The proportionality rule must always enter into the assessment even though this is not directly stated in the text of Article 52." (para. 335, 338)

The military commander is not only concerned with the safety of the civilians in the area. The commander is also concerned with the safety of his or her own troops. The US Naval Handbook says "Military advantage may involve a variety of considerations, including the security of the attacking force." (para. 339)

Civilian sites can become valid military objectives. So, for example, Australia’s Defence Force Manual lists among military objectives “objects, normally dedicated to civilian purposes, but which are being used for military purposes, e.g. a school house or home which is being used temporarily as a battalion headquarters”. The manual specifies that "For this purpose, 'use' does not necessarily mean occupation. For example, if enemy soldiers use a school building as shelter from attack by direct fire, then they are clearly gaining a military advantage from the school. This means the school becomes a military objective and can be attacked." (para. 687)

Israel's Manual on the Laws of War goes even further to protect civilians: (para 694)
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.

However, attacks may not be indiscriminate.

It is ultimately up to the commander to determine the nature of the specific, fluid situation. Everything hinges on his or her intent - not on the judgment of other observers and not on finding out better information in hindsight. As stated by Rüdiger Wolfrum and Dieter Fleck in The Handbook of International Humanitarian Law, "The prerequisite for a grave breach (of IHL) is intent; the attack must be intentionally directed at the civilian population or individual civilians, and the intent must embrace physical consequences."

In order to find that the commander has committed a war crime, the bar is set quite high. ICRC commentary on art 85 of the Additional Protocol states:

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"....

As long as the IDF did not deliberately attack civilians, and the local commander had a military purpose for each target based on the best information available at the time, there is no violation of the principle of distinction.

Clearly, the observers on the ground and around the world who are looking at the results through the distorted lens of TV cameras cannot possibly know what the intent of the IDF commanders are. They don't know the specific intelligence available, the real-time situation on the ground, the danger to IDF troops or Israeli civilians (in the case of targeting rocket launchers,) the topography of the area (when, for example, the IDF needs to take hgh ground in order to protect its troops) - none of that is available to the armchair analysts who breezily and ignorantly say that IDF actions could amount to war crimes. The bar to determine that is incredibly high, and is not decided by people at Human Rights Watch who change international law at will for their purposes.

The argument that Israel is deliberately attacking civilians has another fatal flaw: if the policy was to attack civilians, then is it difficult to explain how thousands of air strikes and thousands more artillery strikes have killed so few. If the objective is civilian, then there would be tens of thousands of civilian victims. One cannot claim that the IDF is both a uniquely bloodthirsty army using precision weapons to target civilians and at the same time maintain that the IDF is so poor at targeting. Anyone claiming that the IDF is deliberately targeting civilians is either grossly ignorant of how wars are waged, or they are willfully slandering the army.


Caveat - I am not a lawyer. I am getting much of this from the IDF initial response to the Goldstone Report, and as of yet I have not seen a single scholarly rebuttal to the legal aspects mentioned in that report. If someone has written such a rebuttal, please let me know.

Sunday, September 22, 2013

Back in 2009, the Goldstone Report asked Hamas about whether they were responsible for rocket attacks on Israel. Hamas humbly responded:

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.

If there are still any idiots that cling to the idea of a separate, unaffiliated "armed wing" of Hamas that has nothing to do with the "political wing," here's a photo for you:


This shows Hamas "political leader" Ismail Haniyeh taking part in a parade organized by the Al Qassam Brigades in the Shati camp west of Gaza City.

Then again, Goldstone would probably have said that Haniyeh is just the "Grand Marshal."

Sunday, November 06, 2011

Remember the Richard Goldstone op-ed in the New York Times last week that flatly stated that Israel is not an apartheid state?

At the time I wrote "As night follows day, we can expect the rabid anti-Israel Left who embraced Goldstone as their messiah two years ago will issue vicious condemnations of this piece, and charge Goldstone with being a tool of the Zionist lobby, tomorrow."

Well, tomorrow has arrived. The anti-Israel stunt known as the "Russell Tribunal on Palestine" is meeting in South Africa this week, and its members are furious:

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.

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’.”
The article also notes the comments from another member of the lynch mob:
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.

Saturday, April 02, 2011

Richard Goldstone backtracks somewhat concerning his already infamous report in a Washington Post op-ed:
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.

...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).
Goldstone's admission, welcome as it is, is disingenuous.

Certainly the worst part of the report was in the many parts that he is now retracting, that the IDF purposefully targeted civilians. He now says that the "fact-finding mission had no evidence on which to draw any other reasonable conclusion" when the report was written. But in reality, if he had looked at both the history of how the IDF acts in war in general, the specifics that were known about how the IDF acted in Gaza, and how wars in urban combat zones are generally waged (i.e., in Iraq), of he was fair he would have easily concluded that the IDF was not purposefully targeting civilians and that they went out of their way, indeed even above and beyond, to avoid targeting real civilians (while Hamas was dressing up its fighters in civilian clothing.)

It appears that now, two years later, he is impressed that Israel is conducting investigations into acts of individual soldiers. Yet this is how the IDF always acted.

His belated retraction also doesn't note that much of what his report said was known to be false at the time the Goldstone Report was released, as I and others have documented quite exhaustively. His report had a clear and consistent bias where Israeli claims were treated skeptically but Hamas claims were believed without reservation. To come back 18 months later and lamely admit that Israeli claims were indeed found to be accurate just shows how biased he was in accepting problematic testimony then.

For example, he writes now:
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.

So while it is nice to see that Goldstone realizes his report was mistaken in its key accusation against Israel, his admission is way too little - and comes way too late.

His Washington Post op-ed is not going to get nearly the same publicity that the report did, and the damage cannot be undone.

Friday, January 29, 2010

As we wait for the IDF response to Goldstone to be released, I looked a little further into the Al Badr flour mill incident that Goldstone chose as a perfect example of Israel trying to starve Gazans to death.

As the New York Times reported:
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.

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.

It turns out that Goldstone had photographic proof that the flour mill was not hit by airstrikes as well - and purposefully ignored it.

The Goldstone commission asked UNITAR, the United Nations Institute for Training and Research, to examine and analyze publicly available satellite images of various locations in Gaza to determine the dates and extent of damage. One of the sites was the infamous flour mill.

From Goldstone:
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...

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
So, Goldstone reports based on the credible Hamada brothers that the flour mill was struck by F-16s and Apache helicopters on January 9th.

What did UNITAR say?
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, given
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.
UNITAR, 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.

Here is UNITAR's image, and what Google shows there in an image copyrighted 2009 but that appears to have been taken beforehand:

As we have seen many times, Goldstone fully accepted testimony from Gazans as being credible, even when there was abundant evidence showing otherwise. And in this case, the evidence was information that he himself commissioned!

UPDATE: The IDF report is out, and it says that tank shells did hit an upper floor of the flour mill on January 9th, returning fire. Afterwards, it coordinated firefighters to come and put out the fire. No airstrikes as Goldstone asserts. The IDF report also states that no IDF soldiers were on the roof of the mill (where they would be exposed to enemy fire,) where Hamada testified he found multiple bullets.

So apparently there was fire on the 9th that would have not been picked up by satellite, but it was not from airstrikes as Goldstone and Hamada claimed. The fire was justified as part of a battle.

There was clearly fighting in that neighborhood, as PCHR records that every person killed in that area outside December 27th was a militant. The IDF could not say conclusively that the flour mill was used by Hamas but it says it has some evidence that it was so.

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