The Jerusalem Center for Public Affairs has recently released information which casts serious doubt on the bona fides of one of the members of the Fact Finding Mission led by Judge Goldstone and which led to the production of the Report which accused Israel of directly targeting civilians and deliberately destroying civil infrastructures contrary to the rules of war.
The member in question is Colonel (ret.) Desmond Travers. As the JCPA tells us:
Travers joined the Irish Defense Forces in 1961 and retired after forty years. As the only former officer who belonged to Justice Richard Goldstone’s team, he was the senior figure responsible for the military analysis that provided the basis for condemning Israel for war crimes.
The JCPA report slams Travers’s methodology and accuses him of bias.
During the Mission’s collection of testimonies from Palestinian psychologists in the Gaza Strip, Travers asked them straight out to explain how Israeli soldiers could kill Palestinian children in front of their parents. In an interview with Middle East Monitor, on February 2, 2010, he asserted that in the past Israeli soldiers had “taken out and deliberately shot” Irish peacekeeping forces in Southern Lebanon. Both of these statements by Travers are completely false. It should be stressed that one of the most vicious and unsubstantiated conclusions in the Goldstone Report is the suggestion that Israel deliberately killed Palestinian civilians.
This is rather like the ‘when did you start beating your wife’ question which bases the question on an assumption that assumes the guilt of the defendant.
When he was asked about Hamas intimidation that affected the Mission’s inquiries, he replied that that there was “none whatsoever.” Yet the Goldstone Report itself noted in Paragraph 440 that those interviewed in Gaza appeared reluctant to speak about the presence of Palestinian armed groups because of a “fear of reprisals.” He rejects the notion that Hamas shielded its forces in the civilian population and does not accept the idea that Israel faced asymmetric warfare.
Only a craven idiot could come to the conclusion there was no Hamas intimidation or that civilians were not used as human shields or that the warfare was not asymmetric. A craven idiot or someone so biased that his place in the mission not acceptable.
The report continues:
Travers comes up with a story that the IDF had unmanned aerial vehicles (UAV’s) that could obtain a “thermal signature” on a Gaza house and detect that there were large numbers of people inside. Incredibly, he then suggests that with this information that certain houses were “packed with people,” the Israeli military would then deliberately order a missile strike on these populated homes. The primary technical problem with his theory is that Israel does not have UAV’s that can see though houses and pick up a thermal signature. More importantly, Israel used UAV’s to monitor that Palestinian civilians left houses that had received multiple warnings, precisely because Israel sought to minimize civilian casualties, a fact that Travers could not fathom, because of his own clear biases.
The case against Travers appears to be growing. The entire JCPA report is well worth a read. It highlights inaccuracies in data and lack of professional conduct.
The clincher :
In an interview with Harpers, published on October 29, 2009, Travers makes a sweeping generalization: “We found no evidence that mosques were used to store munitions.” He then dismissed those who suggested that was the case by saying: “Those charges reflect Western perceptions in some quarters that Islam is a violent religion.” How many mosques did Travers investigate? He admits that the Mission only checked two mosques.
Of course, Israel produced photographic proof that large amounts of weapons were stored in mosques, like the Zaytun Mosque. In a subsequent interview, Travers rejected the Israeli proof: “I do not believe the photographs.” He described the photographs as “spurious.” Travers appears to be bothered by proof that contradicts the conclusions he reaches on the basis of a very limited investigation. In early 2010, Colonel Tim Collins, a British veteran of the Iraq War, visited Gaza for BBC Newsnight (http://news.bbc.co.uk/2/hi/programmes/newsnight/ 8470100 .stm, 20 January 2010) and inspected the ruins of a mosque that Israel had destroyed because it had been a weapons depot. He found that there was evidence of secondary explosions cause by explosives stored in the mosque cellar. Travers clearly did not make the effort that Collins made.
And now the punchline:
Travers most recent interview also had a disturbing additional element. When addressing the role of British officers in defending Israel’s claims, Travers suddenly adds: “Britain’s foreign policy interests in the Middle East seem to be influenced strongly by Jewish lobbyists.
So the UN chose someone who believes the Jewish lobby conspiracy theory and that a cabal of Jews is directing UK foreign policy in the same way that Channel 4 came to a similar conclusion with no evidence whatsoever.
The UN Human Rights Commission chose their four mission members very well because the UNHRC is front-loaded with countries that seek to demonise and delegitimise Israel and then to cover their tracks by choosing ostensibly impeccable mission members to do a hatchet job on Israel. When the names were first put forward Israel could see that the mission would be biased and its conclusions were foregone. But now the document is out there to add to the litany of lies, half-truths, prejudice and propaganda that passes for justified criticism of Israel.
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Yesterday the UN General Assembly approved the Human Rights Council sponsored Goldstone Report recommendations.
The Report found that Israel and Hamas may both have committed war crimes and crimes against humanity during Operation Cast Lead in Gaza.
Israel refused to cooperate with the fact-finding mission because it believed that those doing the fact finding had already made up their minds that Israel (and not Hamas) had committed war crimes. The report, therefore, was biased from the start.
The report itself focused almost entirely on perceived Israeli infringements whilst barely mentioning Hamas at all. The weight of the report was firmly against Israel with accusations of disproportionality, deliberately targeting civilians and even attacked the Israel Supreme Court and its justice system, acknowledged to be one of the very best and most impartial in the world. In other words, Israel was accused of the very things it prides itself as not being.
The HRC decision to recommend to the General Assembly was made by a rag-bag of dictatorships and human rights offenders including Libya and Egypt. The HRC and, indeed, the UN General Assembly have proved to be obsessed with condemnations of Israel whilst overlooking gross injustices and crimes elsewhere in the world which dwarf even the worst accusations against Israel.
Any country which has such accusations against it must surely respond to the recommendations which would be to set up an independent body to investigate the findings of the report.
Israel (that is the IDF) had already begun and completed a number of investigations even during the conflict and these investigations are ongoing. Israel considers itself to be as capable as any Western democracy in investigating alleged crimes that it or its citizens are accused of making.
But the problem Israel has in agreeing am independent internal investigation is that it gives legitimacy to a UN and an HRC that comprise members whose sole obsession is to paint Israel as the fount of most of the evil in the world whilst ignoring the crimes of other UN members including Security Council members Russia (Chechnya, South Ossetia) and China (Tibet).
But there is some confusion about what any investigation should investigate. Goldstone did not seem to be concerned with named soldiers as much as the state itself in the areas of: proportionality including inter alia the extent of destruction to civilian infrastructure, illegal weapons use and rules of engagement including white flag infringements.
In other words it is state policy that is in the dock although, in theory of course, individuals in government and senior officers could be held accountable within Israel or abroad.
Israel has already stated that it will allow no IDF officer to be prosecuted abroad. If Israel does not hold internationally credible investigations it seems we will shortly be in a position where Israeli politicians and soldiers will be unable to travel to Europe, for example, for fear of arrest. There have already been attempts by pro-Palestinians in Britain to have Israeli politicians arrested.
So what is the ‘opportunity’ in my title. Well it is this: both Israel AND Hamas have been asked to carry out credible investigations. Despite the absurdity of a terrorist organisation investigating its own terrorism, here’s the opportunity: if Israel complies, however hard that bitter pill is to swallow, and if the conclusions of such an investigation are accepted, then there will be no need for the International Criminal Court to issue warrants or whatever it is they do. But as Hamas surely won’t investigate themselves then they will be subject to such actions and their gross violations laid bare, even in absentia, perhaps.
Is this too much to hope for? Well, the first question is: is there any way that Israel could ever satisfy the international community that their own investigations are fair when that same community is so clearly bent on the destruction of Israel and the glorification of its enemies? Probably not.
Then there is the issue of interpretation of international law. Proportionality, which lies at the heart of the accusations against Israel, depends on who is doing the proportioning. If you are a Human Rights NGO or you are predisposed to be anti-Israel for whatever motivation, then your interpretation of what is proportional will be different to that of Israel itself which is fighting an existential war against forces which are fanatically committed to its destruction and who use all and every means to further their genocidal war against Israel and the Jews. I speak of Hamas, Hizbullah AND Fatah (the latter who are seen as moderates but whose intentions ultimately are the same – destroy Israel, destroy Jewish culture and blot out and annihilate Jewish history in the Holy Land).
Israel’s definition of proportionality will depend on its interpretation of the level of threat posed by Hamas and the methods Hamas used to wage war from within a civilian population and to exploit that population and all its instruments mercilessly and cynically.
So it is likely that any putative independent Israeli investigation’s conclusions will not be accepted by an Israel-hostile world. But as I have argued before, it is still worth doing for Israel’s sake because the Goldstone Report despite its many flaws does ask serious questions about the conduct of asymmetric warfare (although it does not properly give weight to the challenge of such warfare) and an independent investigation is necessary for Israel’s moral health and will also bring to the fore some of the most important questions we face: how do you fight an enemy which hides behind the sick, women, children and the elderly; how do you fight an enemy prepared to sacrifice itself and its own civilians; how do you fight an enemy that has a cult of death; how do you fight religious fanatics; how do protect the innocent under such circumstances; what value do you put on your own life and the life of your fellow soldiers and civilians when compared to the lives of the enemy and its civilians with whom you have no quarrel.
The laws of warfare and human rights have developed apace since World War II. They were framed for a very different world order. That doesn’t make those laws any less valid, but it does mean that interpretation of them has to be nuanced and contextual. If the UN and the HRC are not even-handed when it comes to investigating nations then the HRC and the UN should be held in contempt. Sadly, as flawed as the UN is, a world without it and the opportunities it provides for dialogue among nations and even enemies, would be a lot worse.
Continue reading about Goldstone Report – an opportunity for Israel?
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Honest Reporting has started a petition to urge the UN Security Council to reject the UNHRC resolution which recommended the findings of the Goldstone Report.
The video cam be seen here http://www.honestreporting.com/a/UNHypocrisy.asp
It reveals what we all should know: the UNHRC is no longer a Human Rights advocate but a political tool in the hands of Israel’s enemies.
Please sign this petition.
Although we all know that the United States will veto the resolution anyway, it is important for the UN to understand that their constituency are not prepared to stand by whilst the UN and its instruments are used to wage political warfare against a single state whilst ignoring the gross crimes of other countries, especially those who obscenely are members of the UN Human Rights Council.
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The 500+ page Goldstone Report, produced for the UN Human Rights Council by Judge Richard Goldstone and a distinguished group of Human Rights advocates, came to some damning conclusions about Israel’s conduct of its assault on Hamas in the Gaza Strip between December 2008 and January 2009. The report also criticised Hamas.
The report found that Israel and Hamas were probably both guilt of war crimes and possibly crimes against humanity. The report was endorsed by UNHRC and will be sent to the UN Security Council for recommendation to be considered by the International Criminal Court.
Israel refused to co-operate with the Report on the grounds that some of the fact-finding members who were to produce the report had already decided in advance that Israel had committed war crimes and were, therefore biased. Israel and its supporters also saw the move to condemn it as yet another attempt by the UNHRC to delegitmise the State of Israel and pillory it internationally. The UNHRC’s activities have been disproportionately focused on Israel in the past and Israel sees the UNHRC as an instrument of its enemies and detractors.
Indeed, supporters of Israel like myself, have focused on the injustices and bias of the reporting of Operation Cast Lead, the manipulation of the world media and world opinion by Hamas and the Palestinian Authority and the virtual free pass that Hamas and its seven year rocket attack on Southern Israel have received. The Goldstone report was seen by me and those of like opinion as yet another tool with which to bash Israel and whitewash the murderous and genocidal Hamas terrorists. This was a new opportunity to further advance Israel’s pariah status in the world.
By focussing on the one-sided nature of the report and the extraordinary moral equivalence which persists in the corridors of the UN and elsewhere between Hamas’s attempts to destroy Israel and Israel’s attempts to defend itself, we have to be careful about dismissing the findings of the Report out of hand.
Although it may be unfair that Israel is once again singled out and it may be galling that most of the nations voting in the UNHRC to recommend the Report have themselves human rights records which are far worse than even the most partisan interpretation of the report, nevertheless, Israel must investigate every allegation and every criticism of its conduct because that is the only moral and, indeed, politically expedient route to take. Israel’s Deputy Prime Minister, Dan Meridor has told Ha’aretz “[he] thinks Israel should establish its own independent committee to investigate Israel Defense Forces activity in the Gaza Strip during last winter’s Operation Cast Lead.”
If Israel can rebut the accusations then it should find the means to do so via a truly independent internal investigation. Just how it does that and what would be considered fair and independent by the outside world is hard to say, but, it is important for Israel itself to make the investigation and to act on any findings. Not because that’s what the UN requires but because Israel must preserve its own moral compass, it must prove primarily to itself that either it is guiltless or if it is not, then how to remedy and rectify its transgressions.
Of course, the Report calls on Hamas to do the same, to investigate its own conduct. This is ludicrous; terrorists do not have a conscience or moral scruples. For Hamas ALL is justified in their Jihad against Israel and, indeed, against the Jews. They have no regard or respect for International Law except to use it to beat Israel with. Their objection to the report was that it confused aggressor with victim – on that score they were dead right, except the aggressor was Hamas and the victim Israel.
The question Israel has to address now is whether there own aggressive act of self-defence, to destroy or disable Hamas before it could pose an existential threat to Israel, was conducted not just according to International Law but Israeli Law and customary law; was their strategy morally and ethically sound, could they have achieved the same goal with less destruction and fewer casualties.
For those whose default position is ‘Israel: evil, rabid, colonial, apartheid, illegitimate, expansionist, American proxy state. Palestine: freedom fighters, oppressed, impoverished victims of injustice and dispossession’, no accounting by Israel will ever be enough; they just want Israel destroyed and look no further than that goal, the consequences of which would be far worse than the status quo.
For those of us with a more temperate view and who have Israel’s and, indeed, the Palestinians’ long-term well-being at heart, Israel must bite the bitter bullet and formulate its own investigation into Operation Cast Lead which avoids accusations of whitewash from all but its bitterest enemies.
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If you want an expert, unbiased, dispassionate assessment of the Israel Defense Force during Operation Cast Lead then I refer you to Colonel Richard Kemp who knows more about asymmetric warfare then the whole of the UN Human Rights Council combined:
But the HRC is not interested in truth, only politics and deligitimisation.
Col. Kemp tells it as it is. Thank you,
Continue reading about Colonel Richard Kemp and the truth about Operation Cast Lead
Now that the United Nations Human Rights Council has voted to send the Goldstone report to the UN General Assembly, the head of the fact-finding team that produced the report, Richard Goldstone, is back-pedalling.
Goldstone has been exposed in all his naivety. Just like a ghetto Jew policeman, collaborating with his people’s murderers, Goldstone accepted the role of heading the fact-finding mission. And no sooner than the report is presented to the UNHRC, the resolution recommending it to the UN General Asembly becomes doctored to exclude any mention of Hamas and to include extraneous materials attacking Israel which were not part of the original brief.
And Goldstone, like a naive Jew collaborator never saw it coming. The revered jurist, the impartial investigator who produced a report so one-sided as to be obscene. Now he is widely reported as being “saddened” by the resolution as jta.org reports, Goldstone went on to say “”There is not a single phrase condemning Hamas as we have done in the report”
Well that’s naive and disingenuous, isn’t it? Even in the report the condemnation of Hamas was a mere after-thought thrown in, probably at Goldstone’s embarrassed insistence, as a fig-leaf to cover a deeply nasty biased and dangerous report.
So Goldstone finds himself surprised at being the patsy of the anti-Israel league.
You see the resolution of the UNHRC does not mention Hamas AT ALL! Surprise, surprise. The murdering, lying terrorist abomination that calls itself Hamas and who committed every war crime and broke every rule of war, the Geneva convention, customary law and human decency get off scot free whilst Israel is now called a war criminal and its pariah status no doubt enhanced. Meanwhile other countries for whom no investigation and no resolution will ever see the light of day (Russia in Chechnya and South Ossetia, China in Tibet, Sri Lanka, Zimbabwe and probably Pakistan) laugh on the sidelines or actively participate in condemning Israel.
This moral inversion, this moral blindness towards Israel and Israel alone is the real crime.
And the UNHRC resolution did not stop at the Goldstone Report. Here’s the extraneous stuff
Reaffirming the right of the Palestinian people to self-determination and the inadmissibility of the acquisition of land by the use of force, as enshrined in the Charter of the United Nations
So what’s that got to do with the Gaza conflict?
Affirming the applicability of international human rights law and the international humanitarian law, namely the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, to the Occupied Palestinian Territory, including East Jerusalem,
That’s OK until ‘to the Occupied Palestinian Territory..’ bit. This has nothing to do with Gaza but a lot to do with final status negotiations. Clearly those sponsoring the resolution have already decided that East Jerusalem is occupied Palestinian Territory even though there is and never has been a Palestinian state. Indeed, the resolution’s title is:
HUMAN RIGHTS SITUATION IN PALESTINE AND OTHER OCCUPIED ARAB TERRITORIES.
Do they mean Iraq? Probably the Golan Heights and Gaza which the UN is determined to call ‘occupied’ even though Israel abandoned it and withdrew all its troops several years ago. It was that very withdrawal which led to Gaza being taken over by Hamas and other terrorist groups who used the Gaza Strip to launch thousands of rockets against Israeli towns and cities and whose actions precipitated the conflict.
Only the naive and the blind could say that the text of the resolution includes Hamas by implication.
Goldstone, meanwhile has defended his Report in the Jerusalem Post and this defence is analysed brilliantly by Alan Baker here.
So like the ghetto policeman, Goldstone, a man of impeccable credentials, has sold his soul. But not because of self-serving, but because he has failed to spot the trap. He has failed to see how many lies and distortions Israel’s enemies are prepared to use against it. He has failed to expose the lies of Hamas, the lies of the Palestinian Authority and the moral inversion of the bleeding-heart human rights lobby for whom the narrative is simple: Israel is the aggressor and Palestinians the victim. End of.
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A new website has been created which systematically dismantles the findings of the Goldstone Report on Operation Cast Lead.
The report accused Israel of war crimes and possible crimes against humanity in its offensive against Hamas in Gaza in December 2008-January 2009.
Hamas got off lightly.
Now the Israeli Defense Force and individual officers and members of the government of the day may be accused of war crimes and subject to arrest and trial in the International Court of Justice if the UN finds cause to recommend further action.
This new website – www.goldstonereport.org is an intelligent and well-argued and meticulously documented analysis which exposes the lies, bias and bankrupt forensics of the report.
I urge you to read it.
Continue reading about The Goldstone Report – an important resource
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Libya, that bastion of democracy and human rights has forced the UN Security council to meet ahead of schedule to discuss the Goldstone report on alleged war crimes in Gaza by Israel and Hamas in Operation Cast Lead.
Presumably it’s Israeli war crimes Libya has in mind, not Hamas’s war crimes.
This is just as extraordinary as the original Palestinian Authority’s request to the UN Human Rights Council to delay the debate.
Now Libya and other Arab states say that October 14th is the day when the debate must take place. They can’t wait to accuse Hamas of its egregious human rights violations, can they.
Now the PA has made a U-turn and supports Libya’s request.
Of course Libya can force this issue as a member of the UN Human Rights Council.
A natural choice as a defender and investigator of Human Rights, of course. It’s rather like having Hannibal Lecter running a vegetarian restaurant.
For example, one of the most important of all human rights is the ability of a nation to choose its leaders and remove that leadership in regular elections.
Libyans have no human right to replace Colonel Gadaffi. No political parties are allowed in Libya.
For a full explanation of Libya’s right to serve on the UNHRC you might do well to visit the US Department of States’s website here.
You will see a litany of abuses including arbitrary arrest, detention without trial, torture, trumped up charges.
Look at this – remember?:
Trial Procedures
The law provides for the presumption of innocence, informing defendants of the charges against them, and the right to legal counsel. In practice defendants often were not informed of the charges against them and usually had little contact, if any, with their lawyers. Defense lawyers automatically were appointed, even if the defendant declined representation.
On two occasions, in 2004 and 2006, a court sentenced to death six foreign health workers accused of deliberately infecting 426 children with HIV‑tainted blood in 1999. The sentences reportedly were based on confessions that the accused made under torture. International observers reported serious concerns about the lack of investigation into allegations of torture and delays in bringing the case to a conclusion. In 2005 the Supreme Court accepted the appeal of the medics and ordered a retrial by the criminal court, which began in May 2006 and concluded with a second guilty verdict in December 2006.
During the second criminal trial, authorities denied the defendants and their lawyers the right to call witnesses or present evidence while giving wide latitude to the prosecution. Defendants and their lawyers had limited access to government‑held evidence. Following the December 2006 guilty verdict, the medics again appealed to the Supreme Court, which held its first hearing on the defendants’ appeal on June 20. On July 11, the Supreme Court upheld the lower court’s conviction and reinstated several lesser charges to the indictment, including alcohol consumption and currency violations. On July 17, the Higher Judicial Council intervened and commuted the death penalty to life imprisonment after the victims’ families expressed satisfaction with a compensation arrangement, which included a payment of one million dollars for each infected child, substantial foreign investments in the local health infrastructure, and European promises to provide medical care abroad for some affected children.
On July 24, the government allowed the medics to depart to serve their remaining prison terms in Bulgaria, where authorities pardoned the six medics upon arrival. (my emphasis)
The Libyans thus managed to kidnap innocent people and hold them to ransom and extort millions from European governments before releasing their hostages. If this had not been state kidnapping but some terrorist group in Iraq the hostages would not have been bartered.
Libya. The same country that greeted Lockerbie bomber and mass-murderer, Abdelbaset Ali al-Megrahi, with celebration and triumph on his release from a Scottish prison.
A fundamental human right is freedom of religion, is it not? Surely the UNHCR could not allow its council to have a member where a government proudly professes its anti-Semitism. Wrong. Gadaffi has just done just that. On March 27th 2007 Gadaffi said “”Jews will go extinct because everyone hates them.”
For Libya to be so exercised about the Goldstone report is rank hypocrisy of the most cynical kind. A country, run by a lunatic, who condones and supported terrorism across the world, a dictatorship, has the chutzpah to want to bring Israel to justice.
But that’s the problem with the UNHRC and the UN, They are seriously compromised by an obsessive, biased and politically motivated animus against Israel whilst the true criminal regimes in the world merit scant and mealy-mouthed condemnation. How does Libya stand on Sudan or Zimbabwe? Sri Lanka anyone? Russia and Georgia – where’s that investigation? China and Tibet? Where are the Goldstone reports on these countries?
Why should any country or any individual pay any attention to anything spewed out of the hate-filled mouths of just about every UN body. Judge Goldstone as next Secretary General? It’s a distinct possibility.
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