In the most comprehensive investigation of Israel's controversial winter offensive in the Gaza Strip, a special United Nations committee has concluded that the Israeli military and Palestinian militants committed war crimes during the three-week confrontation.
While the 575-page report accuses both Hamas and the Israeli military of war crimes and possible crimes against humanity, the bulk of the investigation focuses on Israel
"The Mission concludes that what occurred in just over three weeks at the end of 2008 and the beginning of 2009 was a deliberately disproportionate attack designed to punish, humiliate and terrorize a civilian population, radically diminish its local economic capacity both to work and to provide for itself, and to force upon it an ever increasing sense of dependency and vulnerability," the UN concluded.
In incident after incident, the UN investigators concluded that the Israeli military took questionable steps by using Palestinians as human shields, killing civilians waving white flags, deliberately targeting Palestinian civilians, unnecessarily demolishing Palestinian homes, recklessly using white phosphorus in densely populated areas, and more.
The report will be presented to the UN Human Rights Council on Sept. 29, which will decide whether to refer it to the Security Council.
If Israel does not conduct a serious and independent investigation within the next six months, the UN report stated, the UN should consider pursuing the war crimes in the International Criminal Court.
The findings have touched off a firestorm of controversy in Israel.
“The report is nothing less than a declaration of war upon Israel,” high-ranking Foreign Ministry officials reportedly told Israel's Yedioth Ahronoth newspaper. “It requires the most complicated diplomatic and legal battles in the country’s history. We never expected such a harsh report. It has caused a stir and begun to create a very negative effect.”
In Israel Today, Dan Margalit called the report, prepared by a team led by the Jewish, South African jurist Richard Goldstone, "classic anti-Semitism."
"The liberal anti-Semitism strides delicately, appoints a hostile commission and finds an obsequious Jew, to dance to the tune of the Gentile landowner," Margalit wrote. "The role was assigned to Richard Goldstone, and he met the expectations fully."
In Yedioth, commentaor Eitan Haber said it would be a mistake for Israel to dismiss the UN report.
"We did not need Goldstone and his friends to know that in Operation Cast Lead there were severe cases unbefitting the Israeli army," Haber wrote. "In [the world's] eyes, we are war criminals, contemptible people, killers of small children. This, at the moment, is the image that is being created for us throughout the world—villains, evil, cruel, murderers."
"We can propose that the UN, its institutions and the commission 'kiss our behind' and move on as if nothing had happened," Haber wrote. "What do we care, actually? We should care very much. Slowly but surely, this terrible image will close in on us in the international arena, and then it will not only be Doron Almog who will not be able to travel to London. We will no longer be able to fly to Antalya and the casino at Varna as well. And this will already be a decree that the Israeli public will not be able to withstand. It would be very unwise to mock, downplay or disregard the report. It would be very wise to come out of this trouble safe and sound. The State of Israel would do well to launch a worldwide campaign already this morning, a diplomatic and PR campaign. We should mobilize all of the State of Israel’s best forces, because, as people once used to write in the Israeli press: It is a matter of the utmost importance."
The Israeli government is already taking up the cause.
Today, Israeli President Shimon Peres said the UN report made a "mockery of history."
Many Israeli commentators are assessing the impact of the report on Israel's image.
"The Goldstone report reinforces the most serious strategic threat Israel brought upon itself with the Gaza offensive, in that it saps international legitimacy for a similar operation in the future," Aluf Benn wrote in Haaretz. "A country considering attacking the nuclear reactor in Iran, and then endangering itself to rocket fire from Lebanon and Gaza in response, will have to take into account whether the world will give Israel another opportunity for a severe, crushing response.

"The liberal anti-Semitism strides delicately, appoints a hostile commission and finds an obsequious Jew, to dance to the tune of the Gentile landowner," Margalit wrote. "The role was assigned to Richard Goldstone, and he met the expectations fully."
Excuse me?
Justice Goldstone is not only Jewish, but is a self-described 'zionist'. Prior to this investigation, he was a highly respected chief Prosecutor of the United Nations International Criminal Tribunals for the former Yugoslavia and for Rwanda. He chaired the inquiry into Kosovo and was a member of a panel which monitored Nazi activity in Argentina.
Justice Goldstone specified that he would only undertake the task of investigating allegations of violations of international law in Gaza if he could examine violations by all parties involved and followed through. The report details war crimes committed by both Israel and Hamas.
His daughter, Nicole, told (Israeli) Army Radio this morning that the report was 'softened' due to her father's role in the investigation.
It is a ridiculous and insulting claim to now say Justice Goldstone is no longer credible, competent or worse 'anti-semitic'.
Shame.
Posted by: Edie | September 16, 2009 at 09:51 PM
Also, this report simply supports the field investigations of other independent NGO's and media outlets.
Many of the findings support Dion's own reporting as well as reports by Human Rights Watch and Amnesty International. For instance, Amnesty International's report can be found at: http://www.amnesty.org/en/library/info/MDE15/015/2009/en
Read about some of the parallels at AIUSA blog 'Human Rights Now' at http://blog.amnestyusa.org/
The report also supports findings from the UN Security Council Board of Inquiry led by Ian Martin (May 5): http://www.hlrn.org/img/documents/4MayGltrtoSCBrd.pdf
and the findings from the report by the High Commissioner of Human Rights (August): http://www2.ohchr.org/english/bodies/hrcouncil/docs/12session/A%20HRC%2012%2037_AEV.pdf
Not only should the UN move forward on this report, but enforcing the recommendations of the report offers the best hope for justice and accountability.
Posted by: Edie | September 16, 2009 at 10:07 PM
The Reports credibility was trashed before it was written because of two points:
1) Where was the UN Human Rights Commission for the last several years when Gaza launched missiles at their neighbor? Cheering!!
2) The Human Rights Commission['s outstanding members are: Somolia of Darfor fame, that great humanitarian government of Libya of Pan Am fame, Saudi Arabia of Twin Towers fame.
Either Goldstone is a fool for accepting an assignment from such a barbaric bunch or indeed he is indeed dishonest.
Posted by: Davidrachelimp | September 17, 2009 at 05:54 PM
What is your point David? To distract from the issues on the table?
The issue is the actual Goldstone report and it's findings by experienced, credible, respected jurists. The report just confirms once more, from another credible source what Amnesty International, Human Rights Watch and other UN inquiries as well as Palestinian and Israeli groups (including Israeli soldiers involved in venture) have reported over the last nine months. And let's not forget media accounts from journalists from Israel, Europe, the U.S. which also reported on white flag killings, the targetting of medics, the use of white phosphorous, etc ...
Be honest with yourself. Can it be possible that ALL these organizations and ALL these individuals are anti-semitic and have it out for Israel (including the Israeli soldiers) or is it possible that what they've documented and reported on is indeed based on ... fact?
The Goldstone report recommends first and foremost that Israel and Hamas undertake CREDIBLE, transparent investigations into the cited incidences. So, why the fear?
Posted by: Edie | September 17, 2009 at 09:30 PM
Typical Zionist obfuscation from Davidrachelimp. Never let facts get in the way of your victim mentality. In fact Hamas had done a remarkably good job at keeping the ceasefire in Gaza last year. Only a handful of totally ineffective rockets were fired from Gaza during that period and they came from a Fatah-related organisation - the Al Aqsa Martyr's Brigade. The total number of rockets dropped very significantly from the previous six months. Given the amount of control Hamas is allowed to have by Israel and its sanctions, this was an amazingly good performance. During this time Israel failed to uphold its side of the bargain by removing the blockade. Then Israel, on US election day, killed several Hamas leaders in a rocket attack - but this time from planes. Totally predictably, Hamas felt it had to respond. This then gave Israel the excuse for another bout of genocide. Of course most of the Western media missed the Israeli attack.
Posted by: serendipity | September 18, 2009 at 01:54 PM
Davidrachelimp: where do you get your statement that Somalia and Libya are members of the UN HR Commission? From the UN website the HR Commission held its final session in March 2006 and was replaced by the UN HR Council. While Saudi Arabia is one of the 53 current members of that body, neither Libya nor Somalia are. Apart from the South African Goldstone, the other members of the Gaza fact finding mission are British, Irish and Pakistani.
Posted by: mingr1 | September 18, 2009 at 02:38 PM
Israel should enlist the help of its Holocaust-denying Turkish ally to deny the reality of this report.
Posted by: August West | September 20, 2009 at 09:02 AM
Regardless of the credibility of the report, anti Israeli proponents believe that if Israel gave in to every "Palestinian" demand peace would follow.It probably would, together with the destruction of Israel and it's population.Get real people and keep a vigilant eye on Iran.
War always leads to abuses and the Israelis do their best to conduct themselves in line with accepted guidelines and are conducting enquiries equally impartial as the Goldstone report.
Posted by: Monty Bloom | September 22, 2009 at 11:47 AM
re: " ... [Israel is] conducting enquiries equally impartial as the Goldstone report."
The investigations into violations of international law by members of the Israeli Defence Forces are not considered impartial and credible.
Although Israel has highly respected democratic institutions, investigations conducted into violations by the Israeli Defence Forces (IDF) are conducted by the IDF themselves and usually consist of interviews with the troops involved only.
Field investigations where witnesses are interviewed, forensic evidence examined and the lay of the land examined are rarely undertaken which can contribute to an incomplete picture of the whole story. Many times, the findings of these investigations are not made public, and even when they are, the evidence to substantiate the findings is not released making verification difficult.
The Goldstone report first and foremost encourages both Israel and Hamas, the de facto administration in Gaza, to conduct their own credible and transparent investigations into these allegations and prosecute those found responsible for violating international human rights and humanitarian law. It is only if the parties fail to do so, that the report recommends international bodies to move forward with actions.
Posted by: Edie | September 24, 2009 at 02:14 PM
Let me explain why I think the report's credibility was compromised, and let me know what you think.
1. Christine Chinkin was a member of the commission, yet she already concluded that Israel had committed war crimesbefore she began the investigation. See letter to Online Times http://www.timesonline.co.uk/tol/comment/letters/article5488380.ece
Thus she reached the conclusion before she even began investigating the facts.
2. The report concludes that the Mission did not find any evidence that Hamas engaged in combat in civilian dress (paragraph 493), yet there is widely available videos on the internet that show Hamas fighting in civilian dress
See http://www.tagesschau.de/multimedia/video/video434432.html
3.In paragraph 495, the report said that it could not establish the use of mosques for military purposes, yet widely available videos on the internet show mosques being used for military purposes.
http://www.youtube.com/watch?v=2Zd55Zhj5gQ&feature=player_embedded
http://www.youtube.com/watch?v=jwP_LusgPAw&feature=player_embedded
If I can see all of this while sitting in my living room, how could the Goldstone team miss it?
Posted by: Ian | September 24, 2009 at 08:53 PM