Tuesday Sep 22, 2009

Double Standard Watch: The Goldstone report is a barrier to peace

Posted by Alan M. Dershowitz
Comments: 31
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There are many things wrong with the Goldstone report, which accuses Israel of deliberately targeting civilians in order to punish the people of Gaza.

First, its primary conclusions are entirely false as a matter of demonstrable fact. Second, it defames one of the most moral military forces in the world, along with one of the most responsive legal systems and one of the freest nations in the world when it comes to dissent. Third, it destroys the credibility of "international human rights" and proves that this honorable concept has been hijacked for political purposes directed primarily against one nation - Israel.

But fourth, and most important, it has set back prospects of peace by making it far more difficult for Israel to withdraw from the West Bank.

When Israel was considering its withdrawal from Gaza, some critics predicted that the transfer of Israeli troops out of this dangerous area would encourage terrorists to fire rockets at Israeli civilians who live in close proximity to the Gaza Strip.

Those who favored the withdrawal argued that if Palestinian terrorists were to fire rockets from the unoccupied Gaza, Israel would have a perfect right to do whatever it took militarily to stop its civilians from being targeted by enemy rockets.

They pointed out that every country has the right to self defense under the United Nations Charter and under the rules of international law. (I favored the withdrawal, as did many liberal supporters of Israel, and believed that Israel had the military capacity to respond to any rocket attacks.) 

As soon as the Israeli army left the Gaza Strip, Hamas decided to launch rocket attacks on Israeli civilian targets. The Hamas website proudly proclaimed, "The Zionist Army is afraid that the Palestinians will increase the range of the new rockets, placing the towns and villages in the [Zionist] entity in danger."

These Hamas rocket attacks increased over the years until more than a million Israelis were within range. Thousands were traumatized, dozens were injured and several were killed by the thousands of anti-personnel rockets that targeted children, women and other civilians. As candidate Barak Obama said when he went to visit Sderot, the town most devastated by these unprovoked Hamas war crimes:

The first job of any nation state is to protect its citizens. And so I can assure you that if ... somebody was sending rockets into my house where my two daughters sleep at night, I'm going to do everything in my power to stop that. And I would expect Israeli to do the same thing."

Israel protested these rocket attacks to the United Nations, but to no avail. They increased in frequency and range. 

The citizens of Israel, especially those in range of the attacks, demanded that their army protect them and not wait until a rocket hit a school bus filled with children or a nursery. Since most of the rockets were fired while children were on route to or just beginning their classes, the risk of a cataclysmic tragedy were considerable. Finally, after enduring years of rocket attacks, Israel decided to undertake military action to stop them. 

Just before the hostilities began, Israel offered a carrot and a stick: it reopened a checkpoint to allow humanitarian aid to enter Gaza. It had closed the point of entry after the checkpoint had been targeted by Gazan rockets. (On several prior occasions, Hamas rockets had targeted Israel points of entry through which aid had been provided.)

It was as if Hams was deliberately trying to manufacture a humanitarian crisis. Israel's prime minister, Ehud Olmert, also issued a stern, final warning to Hamas that unless it stopped the rockets, there would be a full-scale military response.

This is the way Reuters reported it:

Israel reopened border crossings with the Gaza Strip on Friday, a day after Prime Minister [Ehud Olmert] warned militants there to stop firing rockets or they would pay a heavy price. Despite the movement of relief supplies, militants fired about a dozen rockets and mortar shafts from Gaza at Israel on Friday. One accidentally struck a house in Gaza, killing two Palestinian sisters, ages 5 and 13. [T]he deliveries could ease the tensions that might have led to a military action to end the rocket attacks. Palestinian workers at the crossings said fuel had arrived for Gaza's main power plant and about a hundred trucks loaded with grain, humanitarian aid and other good were expected during the day."

Finally, in desperation, Israel launched an attack designed to stop the rockets. It succeeded in large part, though some rocket attacks have continued. Because Hamas fired its rockets from behind human shields, it was inevitable that there would be civilian casualties, despite Israeli efforts to reduce them by making hundreds of thousands of phone calls and leaflet drops warning civilians to stay out of the streets. 

Goldstone's one-sided condemnation on Israel will make it far more difficult for Israeli leaders to persuade their citizens to remove their soldiers from the West Bank. Rockets fired from the West Bank would endanger far more Israeli civilians and threaten to close Ben-Gurion Airport. 

Israel now knows that if it were to try to defend itself against such rockets, it would once again be condemned by the United Nations. It will now be far more difficult for Israelis who oppose a continued presence of Israeli troops on the West Bank to persuade a majority of Israelis that the army can protect them even if they leave the West Bank, without incurring the wrath of the international community.

The effect, if not the intent, of the Goldstone report will be to keep Israeli troops in the West Bank longer.

President Obama was right when he said that "the first job of any nation is to protect its citizens."

The Goldstone report has made it virtually impossible for the Israeli army to protect its citizens against rocket attacks from territory that is no longer militarily occupied. It encourages Israel's enemies to provoke Israeli self-defense measures, which they know will produce condemnation of the Jewish state.  This is a great tragedy, for Israelis, for Palestinians and for all who favor a two-state solution and an end to the occupation.

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1  |   Matthew Longton, Tuesday Sep 22, 2009
The only thing you got wrong, Alan, is that it shouldn't be the Goldstone report that makes it difficult for Israel to leave the so called West Bank. It is the fact that Israel has a human responsibility to protect the Arabs living in those areas, not to allow them to fall prey to those who would use them as human shields in a war fuelled by Arab leaders who are brainwashed with racial hatred. It is about time that all respectable thinkers stop destroying a change of peace in ME by giving credence to a view of a peace process that ignores the fundamental hatred preventing peace.
2  |   DavidM, Tuesday Sep 22, 2009
Goldstone knows all of this but he does not care. Goldstone has two objectives. He wants to be the next secretary general of the United Nations and he wants to follow Jimmy Carter and win a Nobel Prize. Goldstone will say and do whatever it takes to accomplish these goals. He knows the easiest route to the U.N. job is to bea fervent Israel basher. He knows that the Nobel Peace prize was awarded to Carter for bashing Israel (and Carter's own country). Goldstone is an example of someone who lets ambition run ahead of the truth.
3  |   Wade in NYC, Tuesday Sep 22, 2009
Perhaps the challenge of silencing the rockets from Gaza would have been less daunting had Israel acted sooner. By allowing the aggression to continue for 8 years, Israel allowed Hamas to increase its arsenal, create better defensive fortifications and inure the world to a status quo of one-sided attacks against Israel. Had Israel acted sooner, not only could the military situation have been more favorable, but perhaps the political one as well. World opinion is more accepting of tit for tat than "disproportionate" large scale warfare.
4  |   Jo Ellen Davey Cohen Chicago, Illinois, Tuesday Sep 22, 2009
When 'Candidate Obama' was courting AIPAC, ADL, and the American Jewish community for the respective endorsements, he made a pledge to support the State of Israel. He personalized his empathy with the Israeli population that was suffering at the hands of the Palestinian-Hamas terrorists, by referencing what he would do to protect his own two daughters. Fast forward to the Obama Cairo address to the international community of Arabs and Muslims; he pledged his support to the Muslim community. Mr. Obama has lost his moral compass to political stagecraft. 'No man can serve two masters.'
5  |   Leonard Fein, Boston, Tuesday Sep 22, 2009
Alas, Dershowitz offers zero evidence that he has actually read the Goldstone report. (In a different post, AD says he has carefully read an official summary.) As a matter of law, the only relevant question goes to the behavior of the combatants during a war. On what basis does AD claim the findings of the report "are entirely false as a matter of demonstrable fact?" I have read the entire report; parts of it are quite chilling. If AD knows that the findings are entirely false, it would surely be helpful for him to lay his evidence before us. Suggestion: Read at least pp. 198-247.
6  |   Observer, Jerusalem, Tuesday Sep 22, 2009
For the last 42 years it has been impossible for Israel to withdraw from the West Bank. But now, and it is all Goldstone's fault, it is even more impossible. Such a bother that this report should came just as Israel were in the process of dismantling settlements and move it's armed forces back to Israel.
7  |   Robert in Israel, Tuesday Sep 22, 2009
Dershowitz is right about a lot of things, but he misses the point of his miscalculation re Disengagement. Withdrawals and talk of withdrawals encourage terror, because the premise of their hypothetical success, i.e. that Israel needs to withdraw to survive, is exactly the ray of hope that turns despairing Palestinian anti-Zionists into desparate ones. One who despairs ceases to fight; one who is desparate fights his hardest and with all means. Israel can only get on the path of causing our enemies to despair by clearly projecting the justness of full Jewish self-determination.
8  |   Joe USA, Tuesday Sep 22, 2009
Professor Dershowitz, you are my hero. If only Israel and the Jewish people as a whole had more outspoken and knowledgable leaders like you. Thank you once again for your great work
9  |   Stan - Israel, Tuesday Sep 22, 2009
Pres. Obama is trying to restart Israeli-Palestinain negotiations without addressing one of the most critical questions: What about Gaza? Of what use are detailed negotiations on the West Bank and Jerusalem if in the end Hamas remains the ruler of Gaza. Even more ominous is the danger that if Israel relinquishes control over large areas of the West Bank, Hamas may in the future gain control of this area. When the leaders speak of two-nations for two people will the Palestinian nation consist also of Gaza? Gaza would need governmental institutions that currently would be Hamas controlled.
10  |   Gary Great Neck, Tuesday Sep 22, 2009
Dershowitz still campaigning for Obama.
11  |   Christian Supporter for Israel, Wednesday Sep 23, 2009
Alan has already proven that he is a strong supporter of Obama, even if that means selling Israel down the river. So, how can you trust anything he says. He talks out of both sides of his mouth...again!
12  |   Gilad, Israel, Wednesday Sep 23, 2009
Not being a military man, Goldstone has used his position and the anti-Israeli support he has received from those involved in the commission, to dip only one foot into the water of understanding conflict situations. If Goldstone can determine what is not acceptable, then he must dip both feet in and tell us what is acceptable. For example Hamas fires mortar shells from a junction close to civilians. Tell the world what the correct response should be Mr. Golstone. Tell the world what weapons must be used in reponse? How many? How quickly? It's double standards and rediculous in one.
13  |   Manuel H. Lazerov USA, Wednesday Sep 23, 2009
Asymeterical warfare brings with it the need for new rules on engagement, as you have observed. Israel has gone beyond what might be required of any civilized country. It really gets down to Israel's protecting its own, as a first and last consideration, something which seems to have been totally lost on the EU and some within the US. Beyond what Israel has already done, anything else would only invite even greater aggression. Have "targeted responses" been completely forgotten, or has Israel decided to respond by firing back at empty fields, as a futile warning? Hit hard, and convincingly.
14  |   Phil, Wednesday Sep 23, 2009
I have several comments for Leonard Fein. First, to accuse Dershowitz of not reading the report is Fein's assumption, not fact. Second, there is no actual evidence of Israeli troops committing atrocities--just accusations by Hamas. Third, individual Israeli soldiers may have crossed the line, but there were no official government orders to attack civilians ( Unlike the nazis and hamas govt ordering their troops to kill Jews). Fein is one of those utopian thinkers who hold Israel to impossible standards and consequently criticizes any Israeli self-defense action.
15  |   Sam Spade, Los Angeles, Wednesday Sep 23, 2009
Hey Leonard Fein, "parts of [the Goldstone report] are quite chilling"? As in a Stephen King novel? Both are fiction. You ask, "On what basis does AD claim the findings of the report 'are entirely false as a matter of demonstrable fact?'" Dear Leonard, start with Jonathan Halevi's "Analysis: Blocking the truth behind the Gaza war" at [ Link to page ] . Did I heckle you at a Jewish Law Students conclave in D.C. 20 years ago by loudly chearing your mention of the transfer solution? Whatever, you prove my prescience.
16  |   Michael Pielet, Wednesday Sep 23, 2009
Anyone who does not support the Jewish historical and religious right to live in the land of Israel, specifically Judea and Samaria, is not a Zionist and is not a Jew. Alan Dershowitz does not support the Jewish right to live in Judea and Samaria therefore he is not a Zionist and not a Jew.
17  |   Arnold - Canada, Wednesday Sep 23, 2009
To Leonard Fein, #5. Read the following online documents on the Israel Ministry of Foreign Affairs website: 1) "The Goldstone Mission -- FAQ", 2) "The Operation in Gaza -- Factual and Legal Aspects". You will then see that Goldstone's report is unreliable, indeed false in many claims against Israel. Also, it is egregiously exculpatory re Hamas's intentional endangerment of civilians and civilian property in Gaza.
18  |   Dave, New York, USA, Wednesday Sep 23, 2009
Goldstone used his authority to superimpose his political ideology and will upon Israel. What he may not realize is that his attempt to change the facts on the ground to suit his political agenda, only fuels Israel's suspicion of interlopers in Israel's affairs. Goldstone has cast Israel in the role of aggressor and criminal precisely because he knows that it strikes a nerve with Jews the world over, those within Israel included. However, Israelis who witness events as they unfold are not deterred or convinced by his false portrayal of Israel's defense as aggression.
19  |   David USA, Wednesday Sep 23, 2009
"... it defames one of the most moral military forces in the world, along with one of the most responsive legal systems ..." :-) :-) :-) enough already with that "most moral army" shtick. As for the legal system - yeah, the court speaks once in a while - but nobody is listening ! But good try at spin, Dershy !
20  |   alberrt Calman, Thursday Sep 24, 2009
excellent article by Mr. Dershowitz. i love this man who is a great supporter of Israel and Jewry.
21  |   Chris Francis, Thursday Sep 24, 2009
Hamas and Israel had a ceasefire for the second half of 2008. No Israelis and 21 Palestinians were killed during the ceasefire. Hamas offered to continue the ceasefire, if Israel lifted the embargo on Gaza. Israel refused to lift the embargo, because the embargo is Israel's strategy to destroy Hamas. During the embargo, Israel has allowed just enough food and medicine into Gaza to avoid mass starvation. However, Israel does not allow Gaza to import more food, consumer goods or building supplies. Would Israel fight back if neighbours stopped it from importing and exporting goods?
22  |   R D James, Thursday Sep 24, 2009
For a lawyer, you make serious mistakes and your misinformation is harmful to Israel and the world. What IDF did is well documented in even in pro Israeli media and In fact Mr Goldstone has been rather mild and he has charged Hamas too,which is fighting the worlds worst occupation. You must take us for fools and one can see through you. are you Paid for this propaganda and hope you can account for the donations. Hitler' propaganda was similar to your writing, far from truth and facts.
23  |   Mark Sopher - Mevasseret Zion, Thursday Sep 24, 2009
I am surprised that Prof. Dershowitz did not apologise for his own self-confessed , reckless decision to support the disengagement and lend his name to probably the greatest obscenity perpetrated in Jewish History since the "Saison" and the Altalena. While I am grateful for his vigorous defence of Israel I cannot help but feel that he has ultimately missed the point - giving up land for "peace" is the problem that has forced us time after time to defend ourselves and get excoriated for it by the world and by wretched Jews like goldstone.
24  |   Eli, Kiryat Ono, Israel, Thursday Sep 24, 2009
Alan is correct. I was a proponent of the Oslo process as I thought that every avenue to peace should be pursued. The turning point for me was the way the Palestinians used the opportunity that was given to them in Gaza in the wake of the historic Israeli pullout after 40 years. If the West Bank falls into the hands of Hamas ALL of Israel will be within Hamas rocket range. From Kiryat Ono this looks much more real than from South Africa. Therefore, I now vehemently oppose taking any risk in the West Bank. And, yes, as Alan says, Goldstone's ever shameful report is harmful in this respect.
25  |   aubrey, Friday Sep 25, 2009
Goldstone is a disgrace - He was once a highly regarded man of great moral standing and truth. What changed you Richard Goldstone? Rather the truth than the disgrace you bring upon yourself and your family. Your title should be "MISJUDGE Golstone" How much money did they pay you to lose your principals? Disgusted!!
26  |   henry, Friday Sep 25, 2009
there will never be a two state solution because the second state will become a terroist state god will never allow it to happen only foolsh peaple like alan belevies in a two state that would end up like gaza or worse liberal jews after world war two are foolish or self hating jews
27  |   wondering, Saturday Sep 26, 2009
I refuse to believe the the Jewish people are as stupid as you portray them. So some dumb-cluck writes a piece of paper and the whole nation fall to their knees? That piece of paper isn't worth the time of day. Israel will go on without the dumb-clucks, no matter how many crazy words they write. Besides, those writers only write to please their other dumb-cluck friends. It's a pleasure not to be a friend.
28  |   cynthia, Sunday Sep 27, 2009
people make mistakes, and you prof. Dershowitz made a terrible one by supporting Obama. i would respect you a lot more if you publicly announce you are no longer his supporter. let's see if you have the courage to do that, since i have no doubt you realize it was a grave mistake.
29  |   Robert Labs, Sunday Oct 04, 2009
The truth is that the basis for the investigation of Goldstone was 100% flawed! I heard Goldstone himself said on Farees Zakaria, CNN programme that he investigated ONLY the method used by Israel and Hamaz. His report is parochial and lacks sincere intention. Once you miss out the right component of a formula, you will definitely fail your computations. The basis of the war was terrorism against a state by a group of terrorist who claim to be freedom fighters! Goldstone, you'd better get this straight.
30  |   ValeriusS. , St. Petersburg, Wednesday Oct 07, 2009
Many people throughout the world agree that the Goldstone report is one-sided, but especially Israelis. An Israeli blog presents interesting news about how Palestinians make political capital on this report and how Obama acquiesces with it: [ Link to page ]
31  |   Meir Simchah, Yerushalayim, Wednesday Oct 21, 2009
How refreshing - an intelligent article and intelligent comments on the article! You hit the nail on the head but may have missed your own point. The Goldstone report is only, and perhaps not even, icing on the cake. You recite a formidable list of factors far more powerful in preventing peace. Not having a win-win relationship with Arabs who live in Israel, using what we give them to help themselves against us, Arab leaders neglecting their people's basic needs and setting them up for disaster, anti-Israel positions staked by the UN, lack of Jewish identity... No need to blame Goldstone.
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