Thursday Sep 17, 2009

Double Standard Watch: Goldstone investigation undercuts human rights

Posted by Alan M. Dershowitz
Comments: 106
BOOKMARK or SHARE: technorati digg del.icio.us reddit newsvine facebook What's this?
Print  |  
Decrease text sizeDecrease text size
Increase text sizeIncrease text size

Richard Goldstone - the primary author of a one-sided United Nations attack on Israeli actions during the Gaza war - has now become a full-fledged member of the international bash-Israel chorus. His name will forever be linked in infamy with such distorters of history and truth as Noam Chomsky, Norman Finkelstein and Jimmy Carter. The so-called report commissioned by the notorious United Nations Human Rights Council and issued under his name is so filled with lies, distortions and blood libels that it could have been drafted by Hamas extremists. Wait - in effect, it was!

One member of the group is an Hamas lackey who before being appointed as an "objective" judge had already reached the conclusion - without conducting any investigation or hearing any evidence - that Israel's military actions "amount to aggression, not self defense" and that "the manner and scale of its operations in Gaza amount to an act of aggression and is contrary to international law."

So much for objectivity.

Many human rights experts urged her to recuse herself because of her prejudgment, but she was on a mission on behalf of her "client" - Hamas.  And she did a good job as an advocate. But as a judge, she employed an Alice-In-Wonderland conception of justice: verdict first, trial to support the verdict. 

Other members were accompanied on their investigations in Gaza by actual Hamas activists who showed them only what Hamas wanted them to see. The group was eager to find or manufacture "evidence" to support what the Human Rights Council itself had directed them to find, namely that Israel committed "grave violations of human rights in the occupied Palestinian Territory, particularly due to the recent Israeli military attacks against the occupied Gaza Strip."

This conclusion, too, was reached prior to any investigation.

No wonder so many prominent human rights experts, including Mary Robinson, refused to participate in this mockery of human rights, declaring that it was "guided not by human rights, but by politics." No wonder so many nations that are dedicated to human rights - such as Switzerland, Canada, Japan, France, the United Kingdom, Germany, Italy and the Netherlands - refused to go along with the politically motivated witch hunt. They should also refuse to accept the politically motivated, entirely pre-ordained conclusions of the biased report.

As I wrote before the kangaroo court began:

The UN Human Rights Council is a scandal. [It has] a long history of singling out Israel for condemnation and of ignoring real human rights abusers by the world's worst offenders, several of which dominate the Human Rights Council and it predecessor.

As Hudson Institute scholar Anne Bayefsky recently noted: 'The Council has adopted more resolutions and decisions condemning Israel than all the other 191 UN member states combined.... The more time the Council spends demonizing Israel, the less likely it becomes that it will ever get around to condemning genocide in Sudan, female slavery in Saudi Arabia, or torture in Egypt."

The very idea of the UN Council conducting an "independent" or objective investigation of Israel is preposterous.
 
A careful reading of the official media summary -the widely quoted press release - of  the report itself reveals the bias of its members and discredits the entire enterprise. The summary never criticizes Hamas. It downplays the rockets deliberately fired by Hamas at Israeli civilian targets in Sderot and other towns and cities, blaming them on generic "Palestinian armed groups."

It faults Israel more than Hamas for using human shields. It cites the admission of Hamas leader Fathi Hammad, who boasted that:

For the Palestinian people, death has become an industry, at which women excel, and so do all the people living on this land. The elderly excel at this, and so do the mujahideen and the children.  This is why they have formed humans shields of the women, the children, the elderly, and the mujahideen, in order to challenge the Zionist bombing machine. It is as if they were saying to the Zionist enemy: 'We desire death like you desire life.'"

But concluded that "it does not consider [this admission] to constitute evidence...."

It ignored videos, which constitute hard evidence, that clearly show Palestinian terrorists firing rockets from civilian areas, including schools. This was part of a pattern of ignoring evidence that undercut its pre-determined conclusions and exaggerating - sometimes manufacturing - evidence that supported it.
 
The lowest blow and the worst canard contained in this lie-laden report is that the Israeli judicial system is incapable of conducting investigations and bringing about compliance with international law.

It claims that the Israeli judicial system "has major structural flaws that make the system inconsistent with international standards," and that "there is little potential for accountability for serious violations of international humanitarian and human rights law through domestic institutions in Israel."

This is a direct attack on the Israeli Supreme Court by a lawyer who knows full well that there is no country in the world that has a judicial system that demands more accountability than the Israeli system does. There is no judicial system in the world - not in the United States, not in Great Britain, not in South Africa, not in France - that takes more seriously its responsibility to bring its military into compliance with international law.

The long-term president of the Israeli Supreme Court, Professor Aharon Barak, opened the Supreme Court of Israel to all claims of law violation.  Cases that would be rejected by the courts of other nations have been pursued by the Israeli Supreme Court. This part of this infamous report has literally turned black to white and white to black. It has condemned the most responsive judicial system in the world, without even bothering to compare it to other systems. In doing so, they have made a mockery of international human rights and turned into a weapon that targets only Israel.
 
Another Orwellian "newspeak" conclusion is that "the international community has been largely silent" about alleged Israeli abuses in the Gaza and the West Bank. Didn't the investigators even read the reports of the Human Rights Council, as well as so many other organizations of the international community, that obsess over Israeli imperfections, to the exclusion of other real human rights abusers?

No country in the world has been subjected to more criticism than Israel. Yet on Planet Goldstone, "The international community has been largely silent" about Israel. This statement could only have been written by a variation of the three monkeys with hands covering their eyes and ears, but not their mouths. After reading these perverse falsities, I fully expected the report to end by parroting the Sweedish tabloid that accused Israeli soldiers of killing Palestinian children in order to sell their orgains. Shades of the Protocols of the Elders of Zion!

Every serious student of human rights should be appalled at this anti-human rights and highly politicized report. Judge Richard Goldstone should be ashamed of himself.

In an apparent effort to curry favor with the international anti-Israel establishment, and perhaps with the Nobel Peace Prize Committee, he has abandoned all principles of objectivity and neutral human rights. He no longer deserves the mantle of a human rights advocate. He has done more to destroy the credibility and objectivity of human rights than any credible human rights personage in modern times.

In addition to presiding over a biased and bigoted report, Goldstone has been two-faced. In an op-ed published by The New York Times following release of the report, he is far more critical of Hamas than he was in the report itself. The Times article was intended for an American audience, so he went out of his way to create the false impression that the report was balanced in its allocation of blame.
 
If the methodology and conclusions of this infamous report were ever applied generally to democracies seeking to combat terrorists who hid behind civilians - as in Afghanistan, Pakistan and Iraq - it would constitute a great victory for terrorism and a defeat for democracy.

But not to worry. The report is not intended to establish general principles of international law, applicable to all nations. It is directed at one nation and one nation only: the Jew among nations - Israel. For shame.

BOOKMARK or SHARE: technorati digg del.icio.us reddit newsvine facebook What's this?
Print  |  
Comments: Post your own comment
1  |   Jonathan, Thursday Sep 17, 2009
Spectacular analysis and argument. A brilliantly written piece that I only wish was published, reported on widely, and brought to the Sunday morning talk-shows. Great idea - a debate bewteen Goldstone and Dershowitz on the subject of this scandalous report!
2  |   john k phuket, thailand, Thursday Sep 17, 2009
Prof. Dershowitz, Many thanks yet again for taking the time to express your views; I only wish that Judge Goldstone had been as objective and as sensible as you obviously are and have been.
3  |   'Gavin Johaannesburg, Thursday Sep 17, 2009
As with Ronnie Kasserils and the rest of the left wing self hating MAMZERS, our so called judge Goldstone will be remembered in infamy. The Israeli government were acting in self defence, and legally, in defending their citizens. Let the little fellow rather go to a country like Cuba, or Venezuala, etc, where he can have 'real' democracy and justice.
4  |   Brad Allen, CANADA, Thursday Sep 17, 2009
Alan, Alan, Alan, you never cease to amaze me. Such a well learned person yet you use all this knowledge and talent to smear, twist facts and distort history. I read your entry a couple of times and i may need to read it again because i think i missed your signature "I have nothing intelligent to counter your argument so I'll just call you anti-semitic", or is it that Goldstone is Jewish you can't do that, and worse, he is a Zionist. Why not use your new signature, "self hating Jew", isn't this how you label people who decide to question how Israel conducts itself. The Gaza child is dead.
5  |   joe smith, Thursday Sep 17, 2009
if i ever see Goldstone on the street i will bust a chair over his head
6  |   Henry Keller, Thursday Sep 17, 2009
THIS is the first tiime I have read your blog and I am shocked that someone of your standing should resort to personal insults rather than serious analysis.
7  |   USA, Thursday Sep 17, 2009
Rarly do we get see the birth of Haman, the one that wanted to kill all the Jews in Persia. I think we are now witnessing another Haman, Richard Goldstein. What make this Haman more dangerous is that he is a Jew, and his dauhter claims he is a zionist.
8  |   Daniel USA, Thursday Sep 17, 2009
Great article! Just remember Israel, all nations must come against you as prophesized, as these individuals are just pawns in a larger battle (demonic influence). At that time you will be delivered by your Messiah. Remember, a coalition headed by Iran/Russia will come against you as prophesize in Ezekiel 38 but their armies wil be defeated leaving only 16% to return to their lands. We who follow the God of Abraham, Issac and Jacob see the tough road ahead but also see the promises of our Deliverer.
9  |   Marcos Abott Camden NJ, Thursday Sep 17, 2009
War crimes only happen elsewhere, not in Israel, no way; everybody is a terrorist, and israel in the victim. it is all self defense not mass killings; we are fighting terrorists not helpless flag waiving civilians; we are feeding the Gazans not starving them etc.. when will come the time for Israel to face itself and accept the fact that you can tell so many lies, and twist so many facts before the world start questioning your criminal, cowardly intents.
10  |   daat y, Thursday Sep 17, 2009
Alan excellently said.Your capabilities and energies need to be directed to Israel's rightful protection and thus also to protect real human rights violations in the world.
11  |   Peter, USA, Thursday Sep 17, 2009
I applaud Prof Dershowitz's cogent arguments in this piece. Despite my disagrements with him with respect to the Obama's ME policy he is still the best advocate the Jewish people have in the US (Melanie Phillips is another in the UK).
12  |   David, Thursday Sep 17, 2009
Mr. Dershowitz has written well in defense of Israels actions in defending itself. It is astounding how hatred for the Jewish state can even turn Jews into the worst of Jew haters. In fact of the three people mentioned Noam Chomsky, Norman Finkelstein and Jimmy Carter two are Jewish. So now there is a third. I encourage Mr. Goldstone to continue to try tp prosocute Israeli Soldiers in different courts around the world. The spectacle of Jews being tries for defending themselves will be incredible.
13  |   K. MT USA, Thursday Sep 17, 2009
Prof. Dershowitz, thank you for writing this piece , and helping us to fully understand the ramifications. Please keep writing, we so need you to continue to educate the ignorant who have no real knowledge or understanding of what is actually happening in Israel and world attitudes. #4 It's difficult to belileve you fully read this article and can believe that Prof. Dershowitz is anti-Israel, and a self hating Jew. Did you put that in hoping someone would belive you? #9 your lack of education regarding Israel is so apparent and your accusations are inane.
14  |   Boris, Jerusalem, Thursday Sep 17, 2009
So why is your President so conspiciously silent on this report, Alan?
15  |   Eli, Israel, Thursday Sep 17, 2009
To Commenter #4, #6 and #9, Prof. Dershowitz doesn't need to disprove Goldstone's report here. This has been done systematically, consistently and based on empirical data long before, by writers like Ben Dror Yemini of Ma'ariv, Yehonathan Dahoch-Levy, the IDF investigations and many others. Goldstone report is not a serious one, since, e.g., it claims that Israel intentionally went on to the attack with the deliberate purpose of killing civilians. This accusation is obviously wrong, and anyone who knows little about the IDF and the government of Israel would understand this right away.
16  |   Jozef, USA, Thursday Sep 17, 2009
Mr. Dershowitz once more demonstrates his skill in using argumenta ad hominem and argumenta ad misericordiam. But he fails to refute the key point made by the report, namely, that both sides committed war crimes.
17  |   Mike Kahn, Thursday Sep 17, 2009
Mr. Dershowitz, I wonder why you do not get as much media coverage as the anti-Semitic Israel bashers that are in vogue these days? Could it be that the networks are not quite as objective as they like to protray themselves? Maybe Fox news is better than the others... I just wish that your brilliant and intelligent insights garnered greater attention. Bravo. You are a Mensch and Goldsmith is not even a man. He is a educated pawn who will one day realize what a huge mistake he made.
18  |   Alex schindler, Manhattan, Thursday Sep 17, 2009
mostly agree, but too much vitriol. Goldstone is not Norman Finkelstein, and smear-by-association is an ugly habit.
19  |   Michael Berde Minneapolis Mn US, Thursday Sep 17, 2009
This could be the best thing Dershowitz has ever written.
20  |   Tod Zuckerman , San Francisco, Thursday Sep 17, 2009
Dear Mr.Dershowitz : Spot on ! Just one little thing - the candidate who you supported , Mr.Obama, THE DAY AFTER HE WAS INAUGURATED, reinstated U.S. membership in the UN Human Rights Council (after Pres.Bush ordered our withdrawal). He had us join for the same reason Bush had us withdraw - the UNHRC is dedicated to demonizing and defaming Israel. Now, the Obama State Dept. will use this latest blood libel to pressure Israel into making suicidal concessions for an imaginary/delusional peace with those intent on Israel's liquidation. Congratulations, you sure know how to pick a candidate .
21  |   Rachel Farkas, Miami, Thursday Sep 17, 2009
I vote Dershowitz!
22  |   Dan, TEXAS, Thursday Sep 17, 2009
Brad, Brad, Brad, what load of, well there is no other way to put it - BS! What Dershowitz says is DEAD ON! This man is NO Zionist. Because his own daughter is embarrased enough to have to defend him as a Zionist does NOT make him one. Ceremonial positions, like Cold-as-stone's at the Hebrew University does not a Zionist make. This man is either a class A idiot, idiot-savant I grant you or the most two faced shyster in existence. How do you explain his back pedal in the NY Times (of all newspapers. Heck, he moved faster than a French tank in the heat of battle! No sir, this man is no Zionist!
23  |   Rachel Farkas, Miami, Thursday Sep 17, 2009
I vote Dershowitz!
24  |   Esther, Canada, Thursday Sep 17, 2009
How about getting beyond the peripherals and defending the actual allegations, point by point?
25  |   Dan, TEXAS, Thursday Sep 17, 2009
Isn't it funny how the likes Marcos Abbot come out of the woodwork when Jews stand up for their own rights.they just cannot stand it when Jews defend themselves either in a physical or in a verbal manner. How it irks them that Jews are no longer cattle being led to the slaughter house. It really get under their skin when indiviuals put together a coherent argument that their intellect cannot keep up with. Well get used to it, sir. Many of will not take the likes of the UN, or special commitees or, to be blunt, people like you, laying down, ever! Stew on it!
26  |   Henry, Thursday Sep 17, 2009
Prof. Dershowitz is 100 percent correct: Goldstone's report shows he knows very little about fighting terrorists and wars in general. For somene like him, with no first knowledge of dangers soldiers face, shouldn't be involved in cases requiring some idea of military actions and understanding that when you protect yourself it's not enough to forget and forgive all the atrocities Hammas and associates committed in Israel throughout the years. Goldstone slept when the Israeli side was shown, that in itself is enough to reject the report's conclusions.
27  |   Wallace Brand USA, Thursday Sep 17, 2009
A plea of "self defense" is a defense to charges of war crimes unless the defense was "disproportionate". To determine whether the acts of self defense are "disproportionate" one compares the acts with the strategy and tactics reasonably needed, in the opinion of the military commander, to stop the aggression. Here Israel so limited its armed forces in its strategy and tactics that the rocket fire against Israel continues, albeit somewhat abated. How absurd then is the tarring of Israel's self defense with a label of "war crime" or even "crime against humanity".
28  |   David usa, Thursday Sep 17, 2009
Dershowitz, your tone betrays your impotent rage . Well-versed in getting murderers and other assorted criminals off the hook - YOU are not even worthy to tie the shoelaces of the honourable Judge Goldstone. YOU are not worthy to breathe the same air as he does. Shame on you for smearing a man of unimpeachable reputation. Have you been in Gaza ????
29  |   am olam, Thursday Sep 17, 2009
Competing for "the lowest blow" is the offensive fact that the Commission drew upon "evidence" submitted by the recently suspended Human Rights Watch Nazi aficionado with an unhealthy love for black leather SS jackets!
30  |   mehrdad, germany, Thursday Sep 17, 2009
@ Brad Allen: you must be ignorant or blind when it comes into jews-bashing. which part of alans briliant analysys you dont understand? -that the goldstone team was NOT objective and neutral. -that the HR cuncil is a muslim/arab dominated party which blames 80% of the time only israel? -that the methodology of the team is a joke. they relay totaly on reports from "radio hamas" (palis are masters of propaganda) and HR organisations like HRW which are infested by nazis and marxists? use your brain, man! @mr. Dershowitz: as an iranian ex-muslim, i find that you are doing a great job!
31  |   lauren in Israel, Thursday Sep 17, 2009
Thank you again, Professor Dershowitz - as always, you can be relied upon for factual, dispassionate exposure of the cowards who hide behind "human rights" to promote their anti-semitic agendas or personal political careers. You are a light in the darkness for those who value truth, justice and the moral obligations that were once the cornerstone of the legal profession.
32  |   Geneva, Thursday Sep 17, 2009
Seen this report It is better that: Israel demands the end of the United Nations Before the United Nations demand the end of Israel
33  |   M.OGILVY, Thursday Sep 17, 2009
Excellent article. Mr. Goldstone and his likes are helping terror by waging a "judicial" war against Israel with the aim of making it uncapable of self-defence. This might assist the terrorist-murderers to succeed where they previously failed with rockets and bombs. If helping terror in any way is a crime, why not apply to Goldstone his own medicine: he should be sued in the US, Canada, UK, Israel , France, (if possible ,South Africa). Let him sweat at the dock and disprove the fabrications he authored in his so called "report".
34  |   Neil - USA, Thursday Sep 17, 2009
Mr. Dershowitz, PLEASE have a talk with Larry Derfner...
35  |   Ricardo Alvarez, Thursday Sep 17, 2009
Goldstone's shame knows no bounds. Nor does that of the New York Times. Goldstone's oped appeared in the NY Times one day after his infamous report was issued. It is not possible that Goldstone and the New York Times had jointly decided to give Goldstone free and unchallenged publicity long before the infamous report came out. It is not possible that Goldstone could have been asked to write the oped, and could then have written it and edited it and submitted it and the Times editorial board could have fact checked and edited and decided to publish all in one day. Bias at the NY Times.
36  |   FRED Houston, Texas, Thursday Sep 17, 2009
Ah the irony! Jew haters worldwide must giggle in delight seeing a Jew condemn Israel as being devoid of humanity. The more official and high minded the better.
37  |   Sergei, USA, Friday Sep 18, 2009
To Brad No. 4: Brad, Brad, Brad: it's OK, not everybody can understand that Mr. Dershowitz's article is actually not an argumentum ad hominem from the first reading. Some people are slower, err, cognitively challenged. I am sure that eventually, after as many readings as you require, you will understand also that it is your comment that is an argumentum ad hominem and that you do not actually offer any argument against the position of Mr. Dershowitz at all...
38  |   DavidM, Friday Sep 18, 2009
Mr. Goldstone likes to be called "Judge" Goldstone even though he has never served as a jurist in a responsible court. He has shown himself to be unfit for any judicial office. His chief deputy proclaimed Israel guilty before the investigation even began, Mr. Goldstone says that is not a conflict of interest. He must have missed the class in legal ethics at law school.
39  |   Laine Frajberg Montreal, Friday Sep 18, 2009
Response to #9 Actually Marcos,if you used your brain-assuming you have one-you would admit that Hamas fired some 8000+ rockets into Israel PRIOR to Cast Lead.So yes self-defense seems a raesonable claim. And that any response by the IDF would result in civilian casualties given that 1)Gaza is a massively over-populated area 2)Hamas terrorists do not wear uniforms 3)Hamas DELIBERATELY shelters amongst the civilian populace.I'm curious what your country would do if Mexican based terrorists fired 8000+ rockets across the Texas-Mexico border.
40  |   AD Passaic New Jersey USA, Friday Sep 18, 2009
In US practice, a judge who indicates favor toward one side prior to a proceeding must be recused. As set forth in the ABA Code of Judicial Conduct (Canon 3), "A judge shall disqualify himself in a proceeding in which the judge's impartiality might reasonably be questioned...where the judge has a personal bias or prejudice concerning a party...." It's difficult to understand why Goldstone sticks by unethical judge Chinkin who showed her bias in a letter published prior to the investigation. His loyalty to her lays bare his own ethical failings, and opens to final report to serious doubts.
41  |   flower USA, Friday Sep 18, 2009
This is not a report but another chapter to the elders of zion blood libels. The UN continues to sink to lows unknown to us.In a short while it will reach bottom and that will be the end of that.
42  |   R D James, Friday Sep 18, 2009
I am sorry Prof Dershowitz writes such unadulterated GARBAGE. The world and most of us are not fools and see through his ignorance of facts. Goldstone as done good job and was rather easy on IDF and the Israeli government. Hamas was wrong in using missiles against civilians, Having said that, they are fighting the most oppressive occupation in history. What alternatives do they have?. I have been under British occupations and I can understand the Palestinians. Israel for its own survival has to honor UN resolutions and stop this rhetoric of anti semitism fighting terror etc peace to all.
43  |   Matt, Friday Sep 18, 2009
The violations detailed in the report are verified by many human rights organizations, including B'Tselem. In almost every article you play a moral relativism game by pointing out the wrongdoings of other nations. As if this in any way justifies or negates the wrongfulness of Israel's actions. The whole world knows what Hamas does; it's a terrorist organization---we don't expect it to comply with international law or human rights. When you resort to pointing out that Hamas acts worse than Israel, as if this is somehow an achievement for Israel, I can't help but laugh. Grasping at straws much?
44  |   Joseph London, Friday Sep 18, 2009
I haven't read the report but I understand that the 7,000 Hamas missiles rained down on southern Israel is noted only in passing, while the 1,250 Israelis killed by Hamas suicide bombers is not mentioned at all. Cast Lead came after years of painful restraint. I can't see the USA, UK, Russia or any other country holding back for years while its citizens are running into shelters to avoid missiles from a neighbouring country. Hamas military HQ was in a bunker under their main hospital -- is this not using human shields? Interestingly Hamas has rejected the report.
45  |   David Naor, Herzliya, Israel, Friday Sep 18, 2009
RD James (#37): If Goldstone "was rather easy on IDF and the Israeli government", then what exactly would his report have looked like if he had be hard upon us? And tell me, Mr. James, where were you when they were teaching history at school? Even ignorance cannot justify your statement that Hamas "are fighting the most oppressive occupation in history". It is good that you ask "What alternatives do they have?" How about living in peace with their Jewish neighbors? How about accepting a fair peace deal that establishes a Palestinian state alongside Israel. How about building up their economy?
46  |   Avner, Iran, Tehran, Friday Sep 18, 2009
@ Matt "The violations detailed in the report are verified by many human rights organizations, including B'Tselem." So what? B'tselem was implicated in gathering statistics and facts from unreliable 3rd parties. Their latest rebuttal, where they accuse Israel of fudging the death count, dubiously uses the same standards every 5th rate HR group uses: All Palestinians are civilians. Israel provided a very meticulous, precise, and verifiable report. HR and UN relies on anonymous testimony and Hamas propaganda. 25,000 civilians killed in Sri Lanka's war in 2009, Goldston AWARDED Sri Lanka!
47  |   ajit kumar, Friday Sep 18, 2009
Dear Alan This is some of the most unsubstantiated writing I have seen. I am surprised you have been given tenure at Harvard. This sort of writing (no evidence, just attack) gets an F at a high school. This may get you medals from knee-jerk Israeli supporters - but that is about all. I can bet you that you and your ilk have never set foot in Gaza and don't have the faintest idea of what goes on there except that mouthed by IDF - and let us not talk about Israeli judicial system- particularly its supreme court - that has been busy justifying Israeli occupation & action!
48  |   viit, Friday Sep 18, 2009
Thank, Allan, you for your brilliant analysis. One thing I cannot comprehend is how you managed to support the Hussein for president of United States. What can drive a man like you to support an antisemite who was a member of a Jew-hating church for 20 years of his life, and only dropped out when the membership in the church became inconvenient. How could you support someone who participated in a rally organized by Nazi Louis Farrakhan? How can you look at the Hussein Obama's face and not see the inferiority complex and the all overwriting desire to prove his own "greatness"?
49  |   Ezra, Dallas, Friday Sep 18, 2009
The real danger lies in the inability of Israel to effectively remove the false cloak of legitimacy and impartiality that the UN and its institutions give to such reports. However elucuent the arguments might be, most have taken sides and have either decided that smearing Israel is the "moral" thing to do, or know better than to pay attention to reports emanating from one of the most biased and dangerous international institutions of our time. I am afraid that until other nations are the subject of such abuse, nothing will change and these "reports" will continue to come.
50  |   Lou, Friday Sep 18, 2009
Considering that Gaza is not occupied and has had a choice to be self developed or a terrorist camp the entire concept of Israel being heavy handed is ridiculous. What options does Israel have in dealing with a terrorist conceived area that is more concerned in destroying Israel than it is in the quality of life of it's own people. What is interesting is how many people would rather justify a terrorist entity than a democracy. Why do those who judge Israel and Jews on a different standard find it offensive to be labeled as anti Semitic for being exposed as racially biased?
51  |   Eli Bar, Friday Sep 18, 2009
To Commenter #4, #6 and #9, Prof. Dershowitz doesn't need to disprove Goldstone's report here. This has been done systematically, consistently and based on empirical data long before, by writers like Ben Dror Yemini of Ma'ariv, Yehonathan Dahoch-Levy, the IDF investigations and many others. Goldstone report is not a serious one, since, e.g., it claims that Israel intentionally went on to the attack with the deliberate purpose of killing civilians. This accusation is obviously wrong, and anyone who knows little about the IDF and the government of Israel would understand this right away.
52  |   Laine, Friday Sep 18, 2009
Respose to #37. RD.You write the Pals. are"fighting the most oppressive occupation in history".That statement is biased,stupid,and ignorant and indicates that you are a narrow minded bigot.Firstly Gaza is NOT occupied anymore and the west bank would not be occupied if Jordan had not attacked Israel in 1967. Returning it to the Pals. would only result in rockets being fired into Israel non-stop.You probably know that but think that would be a good thing.Now go and learn something before posting.
53  |   Randy (Canada), Friday Sep 18, 2009
Gladstone was duped into getting hitched to a dubious politicized process. The Human Rights Council (a flawed counsil with the most undomocratic human rights abusers governing it) pre-emptively assumed Israel's guilt, as did one of the panel memebers investigating this, who publicly already made up her mind about Israel well before the sham investigation and political witch hunt began. Dershowitz is does not mince words, and in this case I believe it is appropriate.
54  |   Victor Galindo, USA, Friday Sep 18, 2009
The Nazis in some of the above comments are evident. They should supply their full names and addresses so they may be interned in case of open warfare with the Arabs - which is already underway. The author presents the case brilliantly and is commended. The only error is calling Goldstone a Jew. He may believe he is a Jew. His daughter may think so. But he is a KAPO. From WWII, that is the title of traitors to their (formerly) fellow Jews. In Europe during WWII, the Kapos were treated by the resistance like the Nazi trash were treated - executed whenever possible.
55  |   Gregory, Friday Sep 18, 2009
Mr. Dershowitz's passion is admirable. Sadly, his emotions and dismay prevent him from using his experience as a trial lawyer (a brilliant one, may I add) and a jurist. Judge Goldstone relied on two pillars of legal proceedings: Facts of the case and laws of the case. Professor Dershowitz's emotional response to the findings of the panel chaired by Mr. Goldstone challenges neither of the two. This is disapponting. From a jurist of Alan Dershowitz's caliber I expected sound legal reasoning. Instead I am llooking at a text limited to whining and invectives.