Subscribe to Print Edition | Fri., November 20, 2009 Kislev 3, 5770 | | Israel Time: 07:48 (EST+7)
Haaretz israel news English
web haaretz.com
Jewish World Haaretz Toolbar
Diplomacy
Defense Opinion National
Print Edition
Car Rental
Focus U.S.A. Strenger than Fiction Business Travel Magazine Week's End Anglo File Books
Share |
Last update - 11:04 13/11/2009
Goldstone to Haaretz: U.S. does not have to protect Israel blindly
By Tomer Zarchin, Haaretz Correspondent
Tags: Israel News 

Judge Richard Goldstone told Haaretz Thursday that President Shimon Peres' remarks criticizing him were "specious and ill-befitting the head of State of Israel."

Peres was quoted Wednesday as calling Goldstone "a small man, devoid of any sense of justice, a technocrat with no real understanding of jurisprudence," who was "on a one-sided mission to hurt Israel."

In Thursday's interview by e-mail with Haaretz, Goldstone said: "I am content to be judged by my actions over the course of my career both in terms of my professional judicial career and my voluntary service."
Advertisement
Goldstone also said he had anticipated that the report would engender considerable criticism. "After all, no one likes to be accused of committing serious war crimes. However, I was surprised at the many nasty attacks made against me personally. In my view, it was a classic case of attacking the messenger rather than addressing the message."

Goldstone also rejected the claim that the fact that he is Jewish was exploited to make it more difficult for Israelis to challenge his conclusions. "I was approached because of my experience with regard to the investigation of serious violations of international human rights and humanitarian law."

The Goldstone report is expected to be raised for discussion in the United Nations Security Council in the near future, and Goldstone Thursday discussed the possibility that the United States would veto any resolution that would hurt Israel when it comes to the implementation of the report's findings. "I do not believe that any nation should protect another nation blindly. I would prefer to see the United States furnish reasons for criticizing the report. The United States has supported our call for credible investigations by Israel and by the Gaza authorities, whether the PA or Hamas," he said.

Goldstone reiterated statements he has made, as well as those made by a number of Israeli human rights groups, inviting an open, public investigation and categorically rejecting a probe by the Israel Defense Forces of the Gaza campaign. "It does not suffice for the military to investigate itself. That will satisfy very few people and certainly not the victims."

However Goldstone stressed that "in any public inquiry, it would be open to the Israeli government and the IDF to have sensitive security information protected from public disclosure."

When asked how far up the chain of command he felt such a criminal investigation should go, and whether decision-makers in government be its subject, he replied: "A criminal investigation should go as high up the chain of command, both military and civilian, as the evidence justifies."

Goldstone, who is widely considered one of the fathers of transitional justice and has extolled its virtues in achieving peace and reconciliation in post-conflict societies, was asked what role he thought a truth and reconciliation commission - which received international recognition as a tool for probing the South African government's actions during apartheid - could play in contributing to a peaceful resolution of the Israeli-Palestinian conflict by establishing accountability in a more constructive fashion than criminal proceedings. Goldstone said he believed it would, "on condition that it is set up to look at allegations on all sides and is established by a democratic process."

Goldstone was asked how he reconciled his finding that kidnapped soldier Gilad Shalit should be accorded the privileges of a prisoner of war, and calling for his immediate release as a humanitarian gesture, with the fact that Hamas is a non-state actor not bound by the Third Geneva Convention, which defines the concept of prisoner of war status. Should not Shalit be defined as an illegal abductee, the victim of a war crime, and his release not subject to the goodwill of Hamas?

Goldstone replied: "In no way did we regard Hamas as a state party. We decided that it was in the interests of giving greater protection to people in the position of Gilad Shalit to extend prisoner-of-war status to them. We extended existing norms in order to do that. We based this decision on the military operations being controlled by the provisions of the Fourth Geneva Convention, i.e., that it was an international armed conflict."

In response to the Israeli allegation that Goldstone's mandate was one-sided, he replied: "This incorrect allegation continues to be made in the attempt to discredit the report despite the fact that it is demonstrably false. The claim is based on a United Nations Human Rights Council resolution that I specifically and explicitly rejected."

Goldstone also said that he had "demanded and received a balanced mandate to enable me to investigate allegations of war crimes by all sides. The government of Israel clearly knows this, as it is all a matter of public record that I discussed at the press conference announcing the inquiry and its mandate. I believe that the continued reference to the mission's mandate is yet another attempt to avoid addressing the substance of the report."

Goldstone said he believed that for Israel, "this is unfortunate because the report contains the clearest finding that Hamas and other militant Palestinian groups committed serious war crimes and possibly crimes against humanity. The acceptance of those findings by the Human Rights Council and the General Assembly has been ignored completely by Israel.

"I suggest that Israel has not acknowledged that because it would confer credibility on the report," Goldstone also said.

Goldstone called the allegation that the report encourages terror and negates Israel's right to self-defense "quite untrue and a fallacious attempt to win opposition to what is contained in the report.

"The report is based on the assumption that Israel was entitled to act in self-defense. The investigation was concerned with whether the exercise of the right to self-defense was lawful or unlawful. The condemnation in the report of the rocket and mortar attacks from Gaza is the clearest possible statement against terror, and the endorsement of the report by the Human Rights Council and the General Assembly is probably the first time that the United Nations has recognized Israel's right to act in self-defense against such terror."

Goldstone also said: "Many Israelis are right to feel that the United Nations and its member bodies such as the Human Rights Council and the General Assembly have devoted inordinate and disproportionate attention to scrutinizing and criticizing Israel. This has come at the price of ignoring violations of human rights in other countries, some of them members of those very same bodies. The time has come for the investigation of all violations of international human rights law and international law whenever they are committed, in any state.

"However, this disproportionate focus on Israel does not exempt Israel from respecting international law," Goldstone also said.

"I would suggest that time has come for Israel to look at the allegations not only of the killing and injuring of so many civilians but also the collective punishment meted out to the people of Gaza by the substantial destruction of the infrastructure, and particularly the food infrastructure of Gaza. The debate should continue, not attempt to be silenced."

Related articles:
  • ANALYSIS / U.S. using Goldstone report to punish Netanyahu
  • Goldstone, Israel's Frankenstein's monster
  • Olmert: Groups using Goldstone to attack us are 'hypocritical'
    • PROMOTION: Mamilla Hotel
    Bookmark to del.icio.us  
     
    Soccer field politics
    Egypt recalls its ambassador to Algeria in diplomatic row sparked by soccer rivalry
    Israel lobby 'exposed'
    U.K. Jews claim British television 'expose' on pro-Israel lobby stokes anti-Semitism
      1.   Goldy, Iran should not sit on UNHRC 03:44  |  Dan 13/11/09
      2.   Goldstone is nothing but a SELF HATING UNCLE TOM JEW 03:47  |  amir 13/11/09
      3.   self hating jew 03:48  |  gb 13/11/09
      4.   Goldstone and Peres 03:50  |  Ami Israel Goldman 13/11/09
      5.   Goldstone to Haaretz:.............. 03:52  |  Grand Rabbi Popack 13/11/09
      6.   Olmert 04:07  |  Hugh 13/11/09
      7.   Richard Goldstone is the true conscience of Israel. 04:08  |  BBSNews 13/11/09
      8.   They don`t have to, but they will... 04:14  |  peacelover 13/11/09
      9.   The message is more important 04:16  |  lsxaq 13/11/09
      10.   Before the man gets any older could he please tell us... 04:28  |  Maureen Ann 13/11/09
      11.   Heart od stone. 04:30  |  flower 13/11/09
      12.   Goldstone does job, then develops big mouth 04:36  |  SDHD 13/11/09
      13.   Attacking the messenger? 04:38  |  SDHD 13/11/09
      14.   GOLDSTONE REPORT 04:38  |  Leonard Eisenstein, 13/11/09
      15.   The debate can continue , but Israel must do 04:52  |  TOMY 13/11/09
      16.   Goldstone you are a shame to the jews! how can a man stoop so low 05:02  |  Rafi 13/11/09
      17.   The man is deluded! 05:05  |  Lenny 13/11/09
      18.   What does his organ size have to do with anything? 05:08  |  R 13/11/09
      19.   What does his organ size have to do with anything? 05:08  |  R 13/11/09
      20.   No Surpise 05:09  |  Silberman 13/11/09
      21.   Bad Year for Jews - 1st Madoff then Goldstone 05:12  |  Roger 13/11/09
      22.   Heresy 05:24  |  Colin Wright 13/11/09
      23.   Goldstone has NO HONOR! 05:49  |  David P. 13/11/09
      24.   us has eyes wide open it is goldstone who is blind 05:52  |  ralph 13/11/09
      25.   Goldstone has been corrupted 06:00  |  George 13/11/09
      26.   Who is more credible? 06:18  |  Adam Rahman 13/11/09
      27.   US should support Israel because it can see 06:30  |  UsedToPostHere 13/11/09
      28.   Clear answers 06:47  |  harvey 13/11/09
      29.   Goldstone is a brave man 06:48  |  One 13/11/09
      30.   One 09:13  |  Brad 13/11/09
      31.   De Ja Vous - "self-hating jew". 09:13  |  Christopher 13/11/09
      32.   Adam Rahman 09:15  |  Brad 13/11/09
      33.   The Apartheid judge 09:15  |  ron 13/11/09
      34.   Let`s stand for principles and not nations 09:16  |  Sammy 13/11/09
      35.   TOMY a fault with your logic 09:22  |  had enough 13/11/09
      36.   Goldstone the zionist turned humanist 09:24  |  Steve the Pals. 13/11/09
      37.   An honest man 09:24  |  Rod 13/11/09
      38.   goldstone- gold or stoned? 09:26  |  drk 13/11/09
      39.   the u.s. doesn`t have to support israel "blindly"; exactly it! 09:29  |  eric 13/11/09
      40.   NOTHING more specious then declaring impartiality after openly 09:29  |  PETER SM 13/11/09
      41.   Anyway, hope that the recommendations of the Goldstone report 09:36  |  Esther 13/11/09
      42.   Goldstone must have done something 10:03  |  C O 13/11/09
      43.   GOLDSTONE is getting desperate! Trying to draw attention away 10:05  |  PETER SM 13/11/09
      44.   #30 - absolutely right 10:15  |  yezmar 13/11/09
      45.   Kudos to the President of Israel. May he Live to 120 Years! 10:17  |  Gershon 13/11/09
      46.   Goldstone is discredited 10:18  |  Chaim Ben Kahan 13/11/09
      47.   Self-scrutiny and its discontents 10:30  |  sh 13/11/09
      48.   Goldstone and IDF seem to agree on facts, but not conclusions 10:31  |  Bloodyscot 13/11/09
      49.   Hatred, insults and slurs for Goldstone. One can only 10:32  |  CJ 13/11/09
      50.   Where does it belongs? 10:44  |  a wandering Jew 13/11/09
      51.   #40 PETER SM. Talking of `specious` 11:10  |  Roo 13/11/09
      52.   I lost my belief in Shimon Peres years ago 11:12  |  John 13/11/09
      53.   Roo 12:24  |  Edan 13/11/09
      54.   #1 - why not? 12:37  |  Reza 13/11/09
      55.   re: CJ 12:42  |  UsedToPostHere 13/11/09
      56.   re: Bloodyscot 12:45  |  UsedToPostHere 13/11/09
      57.   re: Sammy 12:48  |  UsedToPostHere 13/11/09
      58.   when you live on stolen land.... 13:47  |  rational 13/11/09
      59.   Rational 18:36  |  arik 13/11/09
      60.   Edan 19:15  |  Roo 13/11/09
      61.   "as the evidence justifies"-Didnt Goldy say it wasnt COURT TESTED 19:37  |  Alan SA 13/11/09
      62.   Edan 19:55  |  Roo 13/11/09
      63.   Goldstone is RIGHT 19:56  |  Jim 13/11/09
      64.   Is it EVER ok to criticizie Israel without being called a .... 20:19  |  ramin 13/11/09
      65.   # 2 Amir and self-hating 20:20  |  Janice 13/11/09
      66.   Is that the cat from the hat for Goldstone ?! 20:20  |  Akram Zekaria 13/11/09
      67.   Absolutely Correct!! It`s stupid for US and bad for Israel. 20:34  |  Ed 13/11/09
      68.   Goldstone says: Prosecute Palestinians for war crimes! 20:58  |  Joe Sittizen 13/11/09
      69.   #61 Alan SA. Why do you suppose... 21:01  |  Maureen Ann 13/11/09
      70.   Edan, the rockets were against the collective punishment... 21:09  |  BBSNews 13/11/09
      71.   Why didn`t you attack Goldstone before? 21:19  |  Janice 13/11/09
      72.   whom to admire most 21:24  |  hollingsworth 13/11/09
      73.   #4 - Mr. Goldstone, ;Mr. Peres, the US-Adm. 21:44  |  Ricardo Kolbe 13/11/09
      74.   Goldstone is naive II 23:22  |  Reid 13/11/09
      75.   Why does Israel care? 23:40  |  Mike McKenna 13/11/09
      76.   A veritable mob of messenger killers 23:43  |  David 13/11/09
      77.   Killing 01:12  |  Felix 14/11/09
      78.   Jane to Goldstone - That`s the Point 01:34  |  Jane 14/11/09
      79.   In the land of the blind 02:43  |  Chamba Chada 14/11/09
      80.   goldstone Report 05:46  |  DP 14/11/09
      81.   Goldstone to Haaretz 05:57  |  DP 14/11/09
      82.   Goldstone will never clear his name 06:47  |  Fenny 14/11/09
      83.   David in NY is "waiting" 06:52  |  SDHD 14/11/09
      84.   Attacking the messenger 07:07  |  Hassan 14/11/09
      85.   #64 McKenna - If Goldstone had information 08:07  |  *BEN JABO 14/11/09
      86.   #58 rational - It ill behooves an Aussie 08:10  |  *BEN JABO 14/11/09
      87.   Try this on for size 13:31  |  Gully Foyle 14/11/09
      88.   Surely, if anyone can be consider a small man in this debate... 14:55  |  Dutch 14/11/09
      89.   I really wonder 15:37  |  Daniel 14/11/09
      90.   Another fine quality of Judge Goldstone... 17:59  |  Esther 14/11/09
      91.   BEN JABO - Save your silly insults & stupid arguments 18:30  |  CJ 14/11/09
      92.   78: Yes, Esther, it`s "fine" 18:47  |  David Teich 14/11/09
      93.   David#79,you neglect to mention that Goldstone himself a Jew... 19:33  |  Esther 14/11/09
      94.   Judicial fairness 19:42  |  Jay 14/11/09
      95.   GOLDSTONE has no stated issue with UN GA following Arabs blindly 20:42  |  PETER SM 14/11/09
      96.   ROO You are missing the point.Chinkin condemned Israel a priori!! 21:14  |  PETER SM 14/11/09
      97.   If he weren`t an Ortho Jew it would be worse 00:19  |  Basil 15/11/09
      98.   Edan, #53 00:53  |  Baptiste 15/11/09
      99.   Goldstone is a liar 01:43  |  Lee 15/11/09
      100.   The fact is that the USA is a democracy 01:48  |  Mark Lincoln 15/11/09
      101.   David Teich 01:51  |  hollingsworth 15/11/09
      102.   #90 Lincoln - The US is a "REPUBLIC" 17:02  |  *aBEN JABO 15/11/09
    Special Offers
    Advertisement
    Eldan Rent a Car
    Israel's leading car rental company offers you a 20% discount on online reservations
    Date Local Jewish Singles
    Ready to meet your match? Join Jdate today!
    Junkyard
    Junk a car - get free towing nationwide and a tax-deductible receipt
    More Headlines
    02:43 Report: Abbas says Israel secretly talking with Hamas
    05:32 Sources: Progress on Shalit is real, but not all reports accurate
    02:42 Comment / Is the Israel lobby doing more harm than good?
    05:57 Rabin precedent allows freeze on construction in E. Jerusalem
    05:27 Special IDF explosives lab attracts international experts
    05:39 International legal precedent: No private prisons in Israel
    00:03 Mendel Kaplan, 'giant in the Jewish world,' dead at 73
    00:12 TV ROUND-UP: Suspect charged in horrific murder; Court rules: No private jails
    04:00 Extremist Haredim promise to renew Shabbat battle against Intel
    02:14 Health Ministry finds severe flaws at Ichilov Hospital's ICU
    04:39 Anonymous tip ends in police compensating slain motorcyclist's parents
    18:58 Palestinian internet users stuck between Fatah, Hamas and Israel
    21:50 Report: Global warming to have severe impact on Arab states
    Home | TV | Print Edition | Diplomacy | Opinion | Arts & Leisure | Sports | Jewish World | Site rules |
    | Advert: Recommended Restaurants | Makom: Engaging on Israel
    | Search engine marketing
    Haaretz.com, the online edition of Haaretz Newspaper in Israel, offers real-time breaking news, opinions and analysis from Israel and the Middle East. Haaretz.com provides extensive and in-depth coverage of Israel, the Jewish World and the Middle East, including defense, diplomacy, the Arab-Israeli conflict, the peace process, Israeli politics, Jerusalem affairs, international relations, Iran, Iraq, Syria, Lebanon, the Palestinian Authority, the West Bank and the Gaza Strip, the Israeli business world and Jewish life in Israel and the Diaspora.
    © Copyright  Haaretz. All rights reserved