Monday, October 05, 2009

Goldstone Report: More Under-Handed Than Even-Handed

It becomes more and more evident that the Goldstone Commission did not check out all of their facts--and is not even clear on the application of the International Law that it repeatedly praises.

Take a look at the Initial Response to Report of the Fact Finding Mission on Gaza (PDF here)

Under the category One-sided Recommendations:

30. While token recommendations are made in respect of the Palestinian side, the Report seeks to generate international pressure directed solely against Israel. For example:
* The Report calls for the United Nations General Assembly to establish an escrow fund (¶1768(2)) – but the only victims entitled to claim compensation or [read: are] "Palestinians who have suffered loss and damage" and the only party required to fund this is Israel. The Report does not make any demands on Hamas to make reparation for the damage and injury caused by its terrorist attacks – even though the Report recognizes that the rocket and mortar attacks on Sderot alone have forced Israel to spend hundreds of millions of dollars to protect civilian homes and buildings.

* The Report calls for an 'urgent discussion' on the "future legality of the use of certain munitions referred to in this Report". Pending the outcome of this attempt to make unlawful currently lawful munitions – and notwithstanding continued terrorist threats - it calls on Israel to "undertake a moratorium in the use of such weapons"(¶1768(2)). No similar call is directed to Hamas' with regard to its use of inherently indiscriminate rockets.

* Notwithstanding its ostensible call for a six month waiting period for the conduct of credible investigations into allegations of wrongdoing by the parties, and the established principle of complementarity which gives priority to local proceedings, the Report issues an immediate call on States Parties to the Geneva Convention to "start criminal investigations in national courts, using universal jurisdiction"(¶1772(2)). That the intention of the Report is that such investigations be directed only against Israel, and not the Hamas terrorists, is made clear by its statement: "In the context of increasing unwillingness on the part of Israel to open criminal investigations that comply with international standards the Mission supports the reliance on universal jurisdiction…" (¶127).
Considering the loud cry by the defenders of the Goldstone Commission that the Commission and its report is 'even-handed' ie, treats Israel and Hamas the same way, the recommendations of the report prove this excuse to be a lie.

See also: Goldstone Report: Errors of Fact
See also: Goldstone Report: Getting the Law Wrong
See also: Goldstone Report: Did The Commission Even Read Their Own Report?
See also: Goldstone Report: Making It Up As It Goes Along
See also: Goldstone Report: Doubts That Israel Will Carry Out Investigations Already Under Way

Technorati Tag: .

No comments: