Goldstone report is an ad hominem attack

The definition of the ad hominem fallacy is to respond to substantive arguments solely by attacking the person who offered them. The mirror image of this classic fallacy is to try to bolster arguments solely by praising the person who offered them. This is what is happening with respect to the notorious Goldstone report regarding Israel's conduct during the Gaza War.

Had Richard Goldstone, a distinguished judge and a prominent Jew, not been the author of the United Nations Human Rights Council report on Israel, it would be tossed in the trash barrel along with other one-sided and biased reports by this prejudiced group which targets only Israel for human rights violations. But those seeking to defend this indefensible report point to Goldstone's authorship as proof that it must have credibility. He has in effect placed his "Hechsher," that is, his religious certification of purity, on this impure report. It is appropriate, therefore, to respond to this argument by discrediting its author and his selfish motives for granting his imprimatur to conclusions which he well knows are false, incomplete, misleading and bigoted.

Indeed, Goldstone and his supporters are acknowledging to Jewish friends that he did have a motive in agreeing to head the group that issued the report. His motive, according to his supporters, was to bring some balance to a report that without his input would have been "even worse."

Goldstone's daughter, Nicole, in an obviously pained interview with Haaretz, said, "Had Richard Goldstone not served as the head of the UN inquiry into the Gaza War, the accusations against Israel would have been harsher." She continued: "My father took on the job, for peace, for everyone and also for Israel." She told The Jerusalem Post, "My dad loves Israel and it wasn't easy for him to see and hear what happened. I think he heard and saw things he didn't expect to see and hear…."

The problem is not what Goldstone saw and heard. It's what he willfully and deliberately refused to see and hear.

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The Goldstone report is a barrier to peace

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.

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Can a state be built on a pack of lies?

The so-called "spiritual" leader of Hamas has ordered that Palestinian children are not to be taught about the Holocaust.

Younis al-Astal - who is about as spiritual as Al Capone - has declared that the United Nations' proposal to include Holocaust education in a course on human rights would constitute a "war crime."

It would be "marketing a lie and spreading it," he said. Instead, he would have Palestinian children learn only about the so-called crimes of the Israeli occupation and the self-inflicted wound that Palestinians call the "nakba." 

I am not so sure I would trust the United Nations, and especially its Relief and Works Agency (UNRWA) to teach anything relating to Jews, Israel or the Holocaust. That agency has been part of the problem, not the solution, by perpetuating the refugee status of Palestinians who could have been integrated into the Palestinian mainstream over the past sixty years.

By making an industry out of their permanent status as refugees, UNRWA has made peace more difficult and hatred more acceptable. The agency has turned a blind eye to Hamas terrorists who routinely used UNRWA facilities as launching sites for rockets. It has protected terrorists.  It has sought to legitimate Hamas as a social service agency rather than condemn it as a fascist group of anti-Semites who employ violence in the name of Muhammad. 

Now, perhaps in an effort to appear balanced, UNRWA has agreed to provide basic information about the Holocaust to eighth grade students.  These would be the only Palestinian students who learn about the murder of six million Jews at the hands of Hitler, since the Palestinian Authority has banned the teaching of the Holocaust to students in the West Bank.

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Bishop Tutu, the UN and 'Alice in Wonderland' justice

On March 16, 2009, a group of 16 self-described experts on "international justice and reconciliation of conflict" - including Bishop Desmond Tutu, who has characterized Israeli self-defense actions as "unchristian" - called for the establishment of "a United Nations Commission" to conduct an "independent and impartial investigation" of war crime allegations stemming from the Gaza conflict. There is of course no need to conduct any investigation into whether Hamas has committed war crimes: they readily admit - indeed they boast - that they are trying to kill as many Jewish Israeli citizens as their anti-personnel rockets are capable of killing. They also acknowledge, as a Hamas legislator did on television, that they use women and children as "human shields." 

The only real target of this investigation is Israel.

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The Hampshire administration does the right thing

A substantial majority of students at Hampshire College, as well as a majority of the vocal faculty, apparently still believe that Israel is the only country in the world from which Hampshire and other universities should divest. They seem not to care about the great abuses of human rights that are occurring in Iran, which routinely hangs children and dissidents; in North Korea which tolerates no dissent; in Zimbabwe which imprisons opposition candidates; in China which occupies Tibet; in Russia which engages in brutality against Chechnya; in Venezuela and Cuba which are ruled by dictators; in Belarus which is a throwback to Stalin’s time; in Saudi Arabia which practices gender apartheid; in Egypt, Jordan and the Philippines which routinely practiced torture against dissidents, and in so many other countries around the world. 

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For the ICC to work, the worst must come first

There are efforts now underway to try to bring Israel before the International Criminal Court (ICC) in The Hague on charges of alleged war crimes. Neither Israel nor the United States has signed on to this court, primarily out of fear that its power would be used against democracies that try their best to avoid war crimes, rather than against dictatorships and terrorist nations that routinely engage in them. This has certainly been the experience with many United Nations organizations, even including the International Court of Justice, which is largely a sham when it comes to Israel and other democracies under attack. 

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The moral blindness of some "religious leaders"

Bill Moyers holds himself out to be a moral arbiter, based in large part on his commitment to Christian principles. Cardinal Renato Martino is a prince of the Catholic church and President of the Council for Justice and Peace. Former President Jimmy Carter preaches peace, based on the teachings of Jesus. Yet when it comes to the conflict between Israel and Hamas, all three are morally blind. 

In a widely watched television assessment of the recent conflict in Gaza, here is what Moyers said: "By killing indiscriminately the elderly, kids, entire families, by destroying schools and hospitals, Israel did exactly what terrorists do..." (emphasis added) Of course he also included the obligatory hedge that: "Every nation has the right to defend its people." Cardinal Martino went even further, making an obscene and historically ignorant, comparison between Israel's self-defense actions against rockets fired by Hamas at Israeli children, and the Nazi genocide against the Jews during the Holocaust. He said that the conditions in Gaza "resemble a big concentration camp."

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Israel, Gaza and International Law

The cease fire on the ground has not ended the war of words against Israel. Indeed, efforts to charge Israel with war crimes and other violations of international law are escalating. The time has come, therefore, for a common sense legal and moral analysis of the events in Gaza and southern Israel. 

Let us begin with an argument that is frequently made against Israel. It is pointed out by supporters of Hamas that the official governing authority of Gaza is Hamas, because Hamas won the election. To the extent this is true, however, it is an argument in justification of Israel's actions. If Hamas is the official government of Gaza and if Hamas ordered the firing of more of than 6,000 deadly rockets at Israeli civilians, then it follows that the government of Gaza has engaged in an armed attack against Israel under Article 51 of the United Nations Charter. In other words, the government of Gaza has declared war against the government and people of Israel. This should not be surprising, since the Hamas Charter calls for the military destruction of Israel. 

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The phony war crimes accusation against Israel

Every time Israel seeks to defend its civilians against terrorist attacks, it is accused of war crimes by various United Nations agencies, hard left academics and some in the media.  It is a totally phony charge concocted as part of Hamas' strategy - supported by many on the hard left - to delegitimate and demonize the Jewish state. Israel is the only democracy in the world ever accused of war crimes when it fights a defensive war to protect its civilians. This is remarkable, especially in light of the fact that Israel has killed far fewer civilians than any other country in the world that has faced comparable threats.  In the most recent war in Gaza fewer than a thousand civilians - even by Hamas' skewed count - have been killed. This, despite the fact that no one can now deny that Hamas had employed a deliberate policy of using children, schools, mosques, apartment buildings and other civilian areas as shields from behind which to launch its deadly anti-personnel rockets. The Israeli Air Force has produced unchallengeable video evidence of this Hamas war crime.

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Israel's actions are lawful and commendable

Israel's military actions in Gaza are entirely justified under international law, and Israel should be commended for its act of self-defense against international terrorism. Article 51 of the United Nations Charter reserves to every nation the right to engage in self-defense against armed attacks. The only limitation international law places on a democracy is that its actions must satisfy the principle of proportionality. Israel's actions certainly satisfy that principles.

When Barack Obama visited the city of Sderot this summer, he saw the same things that I had seen during my visit on March 20 of this year. Over the last four years, Palestinian terrorists - in particular, Hamas and Islamic Jihad - have fired more than two thousand rockets at this civilian area, which is home to mostly poor and working-class people. The rockets are designed exclusively to maximize civilian deaths, and some have barely missed schoolyards, kindergartens, hospitals, and school buses. But others hit their targets, killing more than a dozen civilians since 2001, including in February 2008 a father of four who had been studying at the local university. These anticivilian rockets have also injured and traumatized countless children.

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