
The United Nations Human Rights Council
endorsed a commission report, headed by South African jurist Richard Goldstone, stating that Israel and Hamas committed war crimes during the conflict in Gaza last winter. The council is trying to motivate both sides to conduct internal investigations, under the threat that the UN Security Council and International Court would take action should they not do so. The United States, which, along with Israel, has criticized the report as
unfair to Israel, would probably veto the Security Council step.
Writing in the Israeli newspaper
Haaretz, Bradley Burston (above), addressed its shortcomings and strengths:
It's a tough slog, the hundreds of pages of the UN-sponsored report on allegations of war crimes in Gaza. The material is infuriating at times, the content inconsistent, the methodology slapdash. But for anyone who cares about the future of this place, and for anyone who has paid close attention to the hyperbole and factual errors of Israeli leaders in condemning it, the read is more than worthwhile - if only for the key element of its surprise ending: A marked degree of fairness.
It does not question the right of Israel - or, for that matter, the Palestinians - to self-defense, but it accuses both sides of having resorted to war crimes in the course of, or in the name of, defending themselves. The inquiry breaks new ground for the UN, and breaks sharply from its original mandate, in addressing Palestinian attacks against Israeli civilians.
The UN resolution criticized Israel for not cooperating with the commission, a point to which Burston agrees:
Israel's decision not to cooperate with the Goldstone Mission, and, in many respects, to actively hamper its work, was calamitous. In revealing correspondence pointedly reproduced in the report, Justice Goldstone all but gets down on hands and knees to beg Israel to allow it to balance the report with on-site visits to rocket-torn Sderot, extensive direct testimony from victims of Qassam attacks, and first-person accounts and explanations of soldiers accused of violations of international law. Israel says no. Benjamin Netanyahu won't even go so far as to answer Goldstone's letter.
Now the report is out, alive and ticking, and Israel - in its desperation to deflect the monster, no matter the consequences - has already managed to hand it as a stick to Hamas, to beat and perhaps eventually defeat Fatah, Mahmoud Abbas, and the Palestinian Authority.
Produced under unrealistic constraints of time and evidence, the report is easy to critique but impossible to ignore. Befitting its subject matter, it is zealous, suspicious, and bleak, asking tough questions which both sides should long ago have asked themselves.
It is difficult indeed to imagine how Israel helped itself by not allowing the commission to visit Sderot, for example, and present its case regarding citizens who had been terrorized for years by Hamas rocket fire. Burston recommends that Israel conduct its own probe:
The bottom line, for Israelis, is simply this: Israel desperately needs a respected commission of inquiry of its own, to probe precisely the charges leveled by the Goldstone Mission. Israel owes its own citizens no less. It needs this, first and foremost, for the sake of its own future, and for the moral standards that it has explicitly set for itself. In fact, this is what Justice Goldstone is recommending that Israel do, specifically to avoid a summons to the Hague.