Goldstone’s ‘retraction’ over Operation Cast Lead changes nothing


9:08 am - April 15th 2011

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contribution by Venetia Rainey

“If I had known then what I know now, the Goldstone Report would have been a different document.” With this one sentence, Richard Goldstone – respected South African lawyer, former-judge and human rights expert – instantly reopened the fierce debate over the Gaza War of 2008-09, aka Operation Cast Lead.

Israeli officials, who probably couldn’t believe their luck, called for Goldstone to make his retraction official, or at least in an international forum. Defence minister Ehud Barak even gloated that it was “unfortunate that it took Goldstone such a long time to change his mind, but it’s better late than never”. But what did Goldstone’s article actually change?

His biggest statement was that he no longer believed that Israel had intentionally targeted civilians. He backed this up by saying that at the time “our fact-finding mission had no evidence on which to draw any other reasonable conclusion”, i.e. – Israel flat-out refused to co-operate with the UN investigation.

So far, so confusing. Does he still think Israel committed war crimes? Mere tolerance of the policy, rather than explicit intention to implement it, is enough to indict Israel of this.

In fact, intentions hardly change the base outcome. MJ Rosenberg, former policy director at the Israel Policy Forum, put it well recently:

Even if it could be proven that the United Nations school was destroyed by accident, what difference would it make? It was destroyed. Would Israel exonerate Hamas if it, by accident, hit an Israeli hospital when its target was a nearby army base?

Then came the voices of the other three authors of the Report: Pakistani human rights lawyer Hina Jilani; professor of international law at the London School of Economics Christine Chinkin; and former Irish peace-keeper Desmond Travers. Unanimously they asserted their incredulity at Goldstone’s half-hearted attempt to escape his position at the top of right-wing Israel’s most-hated list by daring to accuse Israel and Hamas of war crimes.

“We firmly stand by these conclusions,” they unequivocally stated.

But all the words written subsequently change nothing.

13 Israelis died. Over a 1,000 Palestinians died, at least 89 of which were children. Thousands more were made homeless when their homes were bombed. Israeli bombs hit a UN school and the al-Quds hospital.

Out of around 400 internal Israeli military investigations conducted into allegations made by the Report, 52 have resulted in criminal investigation, 3 of which have been submitted for prosecution. Hamas has conducted no such investigation.

The only pressing question is who continues to suffer as a direct result of this war. Overwhelmingly, the answer to that question is the average Gazan. I do not exclude Hamas from blame for this fact, but that admission far from exonerates Israel for its role. THAT was the point of the Goldstone report, but as always, it is lost in the murky war of words and rhetoric.

—-
Venetia is a journalist and photographer http://www.venetiarainey.com

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Reader comments


1. Benjamin Gray

I thought William Gladstone was dead? 😉

That makes his retraction even more appalling,.

3. Flowerpower

Would Israel exonerate Hamas if it, by accident, hit an Israeli hospital when its target was a nearby army base?

I don’t know about Israel, but the law would exonerate a combatant so long as it took reasonable steps to avoid civilian casualties.

In the instance cited – sure, accidents happen and a missile might miss. The relevant questions might be “how close was the hospital? Was the accident forseeable?” etc.

During Cast Lead Israel went to extraordinary lengths to avoid civilian casualties in some instances – even to the extent of telephoning individual households to warn of an impending attack on a nearby military target.

Hamas, by contrast, do not seem to make any effort to warn civilians within the danger zone. On the contrary, last week they deliberately targeted a school bus.

4. TorquilMacneil

Let me get this straight, when Goldstone found that Israel had committed war crimes that was of enormous moral significance, but when he subsequently finds or comes to believe that Israel did not commit war crimes, that ‘changes nothing’? And still some people claim that Israel’s opponents are never motivated by irrational hatred of the Jewish state!

Even if it could be proven that the United Nations school was destroyed by accident, what difference would it make? It was destroyed.

A careless driver skids and hits a child; another driver swerves and coldly takes its sibling out. Should they receive equivalent sentences and do they pose equivalent dangers?

6. organic cheeseboard

you’d have thought the lesson would be for Israel to actually comply with the next investigation of this kind, wouldn’t you?

somehow, however, i doubt we’ll see that.

7. TorquilMacneil

“you’d have thought the lesson would be for Israel to actually comply with the next investigation of this kind, wouldn’t you?”

Because they can only expect people to draw the worst possible conclusions if they don’t, after all.

Because they can only expect people to draw the worst possible conclusions if they don’t, after all.

Funny reasoning – though that doesn’t explain why Israel refuses to cooperate with such enquiries or investigations.

9. TorquilMacneil

“though that doesn’t explain why Israel refuses to cooperate with such enquiries or investigations”

Maybe they suspect that the deck is stacked against them:

“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”

10. Davey Boy

Blah blah.

Israel handed Gaza back.
What happened? Peace? Moderation?
NAH!!!!

Mass jump in kidnappings, ever more extremist religious laws and the entire place turned into the world’s largest rocket launching site!

And oh yes…Rocket launchers PURPOSELY sighted on top of civilian housing!

OH how Hamas cares for its people!

As was said by the Israeli PM in his U.N speech…So the message is simply place your weapons inside civilian areas and you are guaranteed no action will be taken to stop you using them. Great.

Buy hey, British soldiers die all the time because of their desire to avoid civilian deaths. Killed by their fanatic enemy who simply shoots through, blows up, any and all civilians in the way to get to them.
God forbid an evil Western soldier accidently/unavoidably kills a civilian though while trying his best to keep him and his comrades (indeed OTHER civilians) safe.

You liberals won’t stand for that!

Davey Boy

You are clearly misiformed. When it co mes to the U.S. backed Israeli military, there ARE no mistaken targets. They are utilizng the most advanced technology known to man, and have every inch of Gaza under surveillance at all times via both spy technology as well as paid informants.

At 11:30am on December 27, 2008, Israel launched the campaign titled Operation Cast Lead. It began with an opening wave of airstrikes in which F-16 fighter jets and AH-64 Apache attack helicopters[105] simultaneously struck 100 preplanned targets within a span of 220 seconds. Does that sound like a military campaign that drops bombs in indescriminate locations?

The headquarters of the United Nations Relief and Works Agency (UNRWA) was also shelled on January 15. Are you suggesting that Israel was unaware of a United Nations office within the confines of Gaza?

At around 3:30pm on Tuesday, 6 January 2009, the Israeli artillery attacked the al-Fakhora School in Jabalia refugee camp in Gaza, killing over 42 people, including 14 children. Again a mistake?

Al-Fakhora School is not the first school to have been targeted by the Israeli forces recently. On the same day, the Israeli army had attacked two schools that had been opened by UNRWA to shelter Palestinian families displaced by the fighting. All mistakes Davey boy?

UN Secretary-General Ban Ki-moon said: “The locations of all UN facilities have been communicated to the Israeli authorities and are known to the Israeli army. After earlier strikes, the Israeli government was warned that its operations were endangering UN compounds.”

Entire water network infrastructures were totally destroyed during “Operation Cast Lead” Another mistake Davey Boy?

I am sorry “Davey Boy…. but “The willful targeting of civilian areas violates the prohibition of willful killings enshrined in the Fourth Geneva Convention and is a war crime that incurs individual criminal responsibility.

12. Venetia Rainey

@ BenSix

>> A careless driver skids and hits a child; another driver swerves and coldly takes its sibling out. Should they receive equivalent sentences and do they pose equivalent dangers? <<

I think we can agree that the damage done is the same, and that, for the family of the child, and the child himself, the motivation or reason for the crash is largely irrelevant. In terms of danger posed, there is a difference, agreed, but the Goldstone report was to look at what had happened, not assess danger posed in the future.

My point being that after all the debate over intention, motives and means, the results are the same, and that's what we should be concentrating on dealing with. The rest, for all those who suffered during Operation Cast Lead, on both sides (but again I stress that the damage in Gaza was much greater), is a side point.


Reactions: Twitter, blogs
  1. Liberal Conspiracy

    Gladstone's 'retraction' over Operation Cast Lead changes nothing http://bit.ly/hIGDzB

  2. News Unspun

    RT @libcon: Gladstone's 'retraction' over Operation Cast Lead changes nothing http://bit.ly/hIGDzB

  3. Benjamin Gray

    “@libcon: Gladstone's 'retraction' over Operation Cast Lead changes nothing http://t.co/jv6D2Pn” – I thought Gladstone was dead? 😉

  4. Venetia Rainey

    New piece: Words muddying reality: Gladstone’s ‘retraction’ over Operation Cast Lead changes nothing. http://t.co/4mueh2g via @libcon

  5. Joanna B

    Goldstone’s ‘retraction’ over Operation Cast Lead changes nothing | Liberal Conspiracy http://t.co/Rw0bibe via @libcon

  6. Sumantra Maitra

    RT @BiJoanna: Goldstone’s ‘retraction’ over Operation Cast Lead changes nothing | Liberal Conspiracy http://t.co/Rw0bibe via @libcon

  7. andrew

    over Operation Cast Lead changes nothing – Liberal Conspiracy: Benjamin Gray posted on Gladstone's 'retraction' … http://bit.ly/f3GIms

  8. The Oracle

    over Operation Cast Lead changes nothing – Liberal Conspiracy: Benjamin Gray posted on Gladstone's 'retraction' … http://bit.ly/ihS8Hf

  9. Venetia Rainey

    @jaomahony Thanks for putting me in touch with Liberal Conspiracy. Article on Goldstone went up this morning. http://bit.ly/hIGDzB

  10. conspiracy theo

    over Operation Cast Lead changes nothing – Liberal Conspiracy http://bit.ly/gl2QqH

  11. sunny hundal

    Spot on RT @venetiarainey: Gladstone’s ‘retraction’ over Operation Cast Lead changes nothing. http://t.co/4mueh2g

  12. smileandsubvert

    RT @venetiarainey: Goldstone’s ‘retraction’ over Operation Cast Lead changes nothing. http://t.co/4mueh2g

  13. riazbhatti

    RT @sunny_hundal: Spot on RT @venetiarainey: Gladstone’s ‘retraction’ over Operation Cast Lead changes nothing. http://t.co/4mueh2g





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