Goldstone v. Ros-Lehtinen and Berman

By Ron Kampeas · October 30, 2009

http://blogs.jta.org/politics/article/2009/10/30/1008853/goldstone-v-ros-lehtinen-and-berman
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Judge Goldstones response
October 29, 2009

Dear Chairman Berman and Ranking Member Ros-Lehtinen,

It has come to my attention that a resolution has been introduced in the Unites States House of Representatives regarding the United Nations Fact Finding Mission on the Gaza Conflict, which I led earlier this year.

I fully respect the right of the US Congress to examine and judge my mission and the resulting report, as well as to make its recommendations to the US Executive branch of government.

However, I have strong reservations about the text of the resolution in question – text that includes serious factual inaccuracies and instances where information and statements are taken grossly out of context.

I undertook this fact-finding mission in good faith, just as I undertook my responsibilities vis à vis the South African Standing Commission of Inquiry Regarding Public Violence and Intimidation, the International War Crimes Tribunal on the former Yugoslavia, the International Criminal Tribunal for Rwanda, the International Panel of the Commission of Enquiry into the Activities of Nazism in Argentina, the Independent International Commission on Kosovo, and the Volker Committee investigation into the UN’s Iraq oil-for-food program in 2004/5.

I hope that you, in similar good faith, will take the time to consider my comments about the resolution and, as a result of that consideration, make the necessary corrections.

Whereas clause #2: “Whereas, on January 12, 2009, the United Nations Human Rights Council passed Resolution A/HRC/S-9/L.1, which authorized a `fact-finding mission’ regarding Israel’s conduct of Operation Cast Lead against violent militants in the Gaza Strip between December 27, 2008, and January 18, 2009;”

This whereas clause ignores the fact that I and others refused this original mandate, precisely because it only called for an investigation into violations committed by Israel. The mandate given to and accepted by me and under which we worked and reported reads as follows:

“. . .to investigate all violations of international human rights law and international humanitarian law that might have been committed at any time in the context of the military operations that were conducted in Gaza during the period from 27 December 2008 and 18 January 2009, whether before, during or after”.

The legislation

http://www.govtrack.us/congress/bill.xpd?bill=hr111-867

111th CONGRESS

1st Session

H. RES. 867

Calling on the President and the Secretary of State to oppose unequivocally any endorsement or further consideration of the ‘Report of the United Nations Fact Finding Mission on the Gaza Conflict’ in multilateral fora.

IN THE HOUSE OF REPRESENTATIVES

October 23, 2009

Ms. ROS-LEHTINEN (for herself, Mr. BERMAN, Mr. BURTON of Indiana, and Mr. ACKERMAN) submitted the following resolution; which was referred to the Committee on Foreign Affairs

RESOLUTION

Calling on the President and the Secretary of State to oppose unequivocally any endorsement or further consideration of the ‘Report of the United Nations Fact Finding Mission on the Gaza Conflict’ in multilateral fora.

Whereas, on January 12, 2009, the United Nations Human Rights Council passed Resolution A/HRC/S-9/L.1, which authorized a ‘fact-finding mission’ regarding Israel’s conduct of Operation Cast Lead against violent militants in the Gaza Strip between December 27, 2008, and January 18, 2009;

Whereas the resolution pre-judged the outcome of its investigation, by one-sidedly mandating the ‘fact-finding mission’ to ‘investigate all violations of international human rights law and International Humanitarian Law by . . . Israel, against the Palestinian people . . . particularly in the occupied Gaza Strip, due to the current aggression’;

Whereas the mandate of the ‘fact-finding mission’ makes no mention of the relentless rocket and mortar attacks, which numbered in the thousands and spanned a period of eight years, by Hamas and other violent militant groups in Gaza against civilian targets in Israel, that necessitated Israel’s defensive measures;

Whereas the ‘fact-finding mission’ included a member who, before joining the mission, had already declared Israel guilty of committing atrocities in Operation Cast Lead by signing a public letter on January 11, 2009, published in the Sunday Times, that called Israel’s actions ‘war crimes’;

Whereas the mission’s flawed and biased mandate gave serious concern to many United Nations Human Rights Council Member States which refused to support it, including Bosnia and Herzegovina, Cameroon, Canada, France, Germany, Italy, Japan, the Netherlands, the Republic of Korea, Slovakia, Slovenia, Switzerland, Ukraine, and the United Kingdom of Great Britain and Northern Ireland;

Whereas the mission’s flawed and biased mandate troubled many distinguished individuals who refused invitations to head the mission;

Whereas, on September 15, 2009, the ‘United Nations Fact Finding Mission on the Gaza Conflict’ released its report;

Thanks Leen, I’ll make a call.

great….Will this make the little box

Have you checked out the dam breaking over at the Daily shows comment section on the segment that the Daily Show finally (long over due) did with Barghouti and Anna Baltzer on the I/P conflict.

Not sure about the box, but I know I recommended it.

Coincidentally I was just reading the report:

http://www2.ohchr.org/english/bodies/hrcouncil/specialsession/9/docs/UNFFMGC_Report.pdf

It is indeed very biased as a report — against the Palestinians. It tries very hard to make up shit about them in an attempt to balance out all the stuff it inevitably has to cover about the actual criminals. It’s as if a report on a gang rape spent a lot of time detailing how the victim allegedly tried (but didn’t succeed) in scratching the face of one of the attackers — but the victim and several witnesses says there was no such attempt.

Whereas the mandate of the ‘‘fact-finding mission’’ makes no mention of the relentless rocket and mortar attacks

It endlessly goes on about the stupid little rockets. Specifically chapter 24 is dedicated to that topic (p449 through p474).

The report is being represented as saying the Palestinians committed war crimes too. It certainly tries to say they did but in the end it fails in its attempt to frame the conflict as six of one and half a dozen of the other. This Goldberg guy is no lefty. He’s part of the usual elite / corporate cover-up culture with a history of doing the same in other cases.

Chapter 8 of the report spends a lot of time trying to frame the Palestinians as war criminals because — no seriously this is not a joke — they are alleged to have fired shots from inside an urban area.

Meaning Gaza itself as a whole, that “urban area”.

That’s who pathetically keen this report is to bend over for Israel.

Personally, I think it’s time we started calling those who steadfastly refuse to recognize the Palestinians as human for what they are , ‘agents of a foreign power’ EVERYTIME this type of crap occurs.

The resolution isn’t as much about the report as it is about the use to which it will be put by ill-minded folk and with fools who can excuse any crime that comes from the side that they support.

alleged to have fired shots from inside an urban area?

funny

“America, stop sucking up to Israel

But Israel the occupier, the stubborn contrarian that continues to mock America and the world by building settlements and abusing the Palestinians, receives different treatment. Another massage to the national ego in one video, more embarrassing praise in another.

Now is the time to say to the United States: Enough flattery. If you don’t change the tone, nothing will change. As long as Israel feels the United States is in its pocket, and that America’s automatic veto will save it from condemnations and sanctions, that it will receive massive aid unconditionally, and that it can continue waging punitive, lethal campaigns without a word from Washington, killing, destroying and imprisoning without the world’s policeman making a sound, it will continue in its ways.

Israel of 2009 is a spoiled country, arrogant and condescending, convinced that it deserves everything and that it has the power to make a fool of America and the world. The United States has engendered this situation, which endangers the entire Mideast and Israel itself. That is why there needs to be a turning point in the coming year – Washington needs to finally say no to Israel and the occupation. An unambiguous, presidential no. ”

http://www.haaretz.com/hasen/spages/1124928.html

Over at Mondoweiss

Let Goldstone testify in Congress before you rush to judgment
http://mondoweiss.net/2009/11/let-goldstone-testify-in-congress-before-you-rush-to-judgment.html

Yes “let Goldstone testify in Congress before you rush to judgment.

More like before you are threatened, pushed to judgment

Check out what Code Pink is doing tomorrow in regard to Ros Lehtinen, Berman and Ackermans dump on the Goldstone Report

anyone in D.C.
http://codepinkalert.org/article.php?id=5149

Protest of House vote against the UN Goldstone Gaza Report: Protesters will hold a “Read-In” of the 575-page Report

your talking point is incoherent – are responses still under development?

fools who can excuse any crime that comes from the side that they support.

that would be you, who can not bring yourself to acknowledge that the IDF committed numerous terrible war crimes in Gaza, in Lebanon, wherever they wantonly attack.

White phosphorous? Cluster bombs with flechettes? in densely populated urban areas? there can be no excuses for such barbarity.

I don’t recall excusing them. I’ve mentioned previously that the Israelis also quite deliberately killed an entire family to kill one man.

None of what either side does excuses the crimes of the other.

have you even read the report? Any of it?

here you go…be brave…read it
http://www2.ohchr.org/english/bodies/hrcouncil/specialsession/9/docs/UNFFMGC_Report.pdf

I’ve read the executive summary, but thanks.

Someone is being reasonable
http://drupal.zhonka.net/olyblog/representative-baird-defends-goldstone-report-congress

Representative Baird Defends Goldstone Report in Congress
Submitted by Berd on Mon, 11/02/2009 – 5:01pm.

For those who may not know, the Goldstone Report (AKA United Nations Fact Finding Mission on the Gaza Conflict) is an investigation into allegations of crimes against humanity that might have been committed in Gaza during an escalation in hostilities, which began in late December of last year and continued into January. The report has been subjected to irrational attacks by many people, including some in the US Congress. Washington State 3rd District Congressman Brian Baird has gone on record as a clear defender of the Goldstone Report. Congressman Baird visited Gaza earlier this year (in February). While there, the Congressman witnessed the aftermath of the destruction. He saw the situation on the ground, and heard people’s testimonies.

Here’s a statement from Baird’s website about the Goldstone report:

Israel and Gaza Deserve Better than a Misguided Resolution

Before House Members vote on H.Res. 867, regarding the U.N. Goldstone report on the Gaza conflict, there are a few questions worth asking.

First, why are we bringing this resolution to the floor without ever giving former South African Constitutional Court Justice Richard Goldstone a hearing to explain his findings? Have those who will vote on H.Res. 867 actually read the resolution? Have they read the Goldstone report? Are they aware that Justice Goldstone has issued a paragraph by paragraph response, available on my Web site at http://www.baird.house.gov, to H.Res. 867 pointing out that many of its assertions are factually inaccurate or deeply misleading?

Since scarcely a dozen House Members have actually been to Gaza, what actual first-hand knowledge do the rest of the Members of Congress possess on which to base their judgment of the merits of H.Res. 867 or the Goldstone report?

More at the link

“With the information from these personal visits and on the ground knowledge, I read with care and interest the Goldstone report in its entirety and my firm conclusion is that, although the findings may be unpleasant and troubling, they are, unfortunately, consistent with the facts and evidence. In my judgment, far from meriting the obstruction called for in H.Res. 867, the Goldstone report is without question worthy of further investigation.

I know this conclusion is not easily accepted and I know it raises serious charges against entities and individuals on both sides of this conflict, Israel and Hamas. But if our own country is truly to stand for human rights and the rule of law, and if facts matter, how can we do other than insist that legitimate questions and evidence are followed by further investigation and, if necessary and warranted, appropriate consequences?

H.Res. 867 is very serious business. If, as Goldstone asserts and the evidence I have seen supports, there were in fact gross violations of international law and human rights on all sides, we cannot in good conscience support H.Res. 867. “

Hey can this be put in the long Seminal line up?

my fine fellow, your whole persona is associated with appearing early in threads relating to events in the Middle East and defending, or excusing the actions of the Israeli government/military.

however, since you seem to be saying that only ‘fools’ excuse any crime from the side they support, and you are familiar with the contents of the Goldstone report, what say you – white phosphorous is a banned chemical weapon, there are photographs of Gazans fleeing from the characteristic WP smoketrails, therefore the IDF was committing warcrimes with US made munitions and funding.

clear as can be – acknowledge it or make excuses for it.

You might have some problem with proving that it’s a banned weapon, sporko.
As usual, you mistake understanding a part of something for true understanding.Your idea of my comments is not my idea.

no problem:

The Geneva Treaty of 1980 stipulates that white phosphorus should not be used as a weapon of war in civilian areas, but there is no blanket ban under international law on its use as a smokescreen or for illumination. However, Charles Heyman, a military expert and former major in the British Army, said: “If white phosphorus was deliberately fired at a crowd of people someone would end up in The Hague. White phosphorus is also a terror weapon. The descending blobs of phosphorus will burn when in contact with skin.”

from the times, uk.

Article 2
Protection of civilians and civilian objects

1. It is prohibited in all circumstances to make the civilian population as such, individual civilians or civilian objects the object of attack by incendiary weapons.
2. It is prohibited in all circumstances to make any military objective located within a concentration of civilians the object of attack by air-delivered incendiary weapons.
3. It is further prohibited to make any military objective located within a concentration of civilians the object of attack by means of incendiary weapons other than air-delivered incendiary weapons, except when such military objective is clearly separated from the concentration of civilians and all feasible precautions are taken with a view to limiting the incendiary effects to the military objective and to avoiding, and in any event to minimizing, incidental loss of civilian life, injury to civilians and damage to civilian objects.

from the Geneva Conventions, considered binding by the civilized world.

Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons (Protocol III). Geneva, 10 October 1980.

and, though it is banned by the Geneva Conventions, are you disputing that WP is a hideous chemical weapon?

completely indiscriminate, terrible agonizing burns, a sadistic, cowardly weapon, truly only a fool would excuse its use by the side they support, right?

zero acknowledgment so far from you that the IDF committed terrible war crimes, as documented by the Goldstone report and numerous contemporary media accounts, which clearly puts you in the category of the ‘fools’ who excuse any crime their side commits.

Again, sporko, it’s not banned, is it?

There’s a very real difference between using it, which would be illegal if it was banned, and using it in an illegal manner.

Using it against civilians is banned, but using any lethal weapon against civilians is not really legit, is it?

Well frankly the idea of adding up all Israel’s war crimes in the process of committing genocide is a bit silly anyway isn’t it? It’s like citing the Nazis for poor sanitation in the death camps. Kind of misses the big picture.

apologetics and excuses – you are making my point for me, and reaffirming your own about “fools who can excuse any crime that comes from the side that they support.”

sadly it seems some people learned exactly the wrong lesson about collective punishment from Lidice.

There’s a very real difference between using it, which would be illegal if it was banned, and using it in an illegal manner.

clearly, spoken as someone who has no expectation on being under bombardment by such sickening, disgusting weaponry.

and, spoken as someone who has no empathy whatsoever for the human beings who were subjected to that, and numerous other atrocities, as the IDF rampages through their neighborhoods.

it is typical of vile racists to dehumanize their victims, and combined with the legalistic parsing of ‘illegal if banned, but not used in an illegal manner’ you really summon the memory of the likes of Joseph Mengele himself.

but, its like trying to debate a Holocaust denier, they always slither away from their disproven assertions, and latch onto something else, and never confront their own dishonesties.

anyway, it reveals the talking points drawn up against the Goldstone report are sorely lacking, and that is a good thing.

Mostly what my answer reveals is that you were saying that WP was a banned weapon without a real understanding of what you were talking about.

Frankly, the idea of listening to the stupidity and illogic that you spew is pretty pointless as well.