UNHRC “Goldstone Report” cites “Possible Crimes against Humanity” in Gaza

United States Stalls Action, Continues to Provide Aid

By: William Mathopoullos

In August of 2006, then US President George W. Bush, pledged to increase United States humanitarian and reconstruction aid to Lebanon by $230 million to rebuild homes, schools and other critical infrastructure following Israel’s third military offensive into Southern Lebanon in 30 years[1].   Just over two years later, after a 22 day Israeli military offensive into Gaza, the Obama Administration was preparing a similar bill in April of 2009 that would provide $840 million in humanitarian aid for the Palestinian Authority[2]. Meanwhile, the United Nations, Human Rights Council had just established a Fact Finding Mission with a specific mandate 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.”[3]

Richard Goldstone, former South Africa Supreme Court Justice and Chief Prosecutor in the International Criminal Tribunals for Rwanda and Yugoslavia prepared to deliver his report to the UN Human Rights Council

Richard Goldstone, former South Africa Supreme Court Justice and Chief Prosecutor in the International Criminal Tribunals for Rwanda and Yugoslavia prepared to deliver his report to the UN Human Rights Council

Despite having been denied Israel’s cooperation and been deprived access into Israel and the West Bank, on September 15, 2009, nearly six months, 188 interviews, 1200 photographs, 30 videos and 10,000 pages later[4], and on the ripe eve of the 12th session of the UN Human Rights Council, the “Report of the United Nations Fact Finding Mission on the Gaza Conflict” which has come to be known as the “Goldstone Report” was released.

The findings formally outline allegations directed at both Hamas and Israel. The most serious and extensive of these were levied against the Israeli Government, asserting that Israel had committed grave breaches of the 4th Geneva Convention, Articles 51, of the United Nations Charter, violations of International Human Rights and Humanitarian Law and possible war crimes and crimes against humanity.

Among the allegations facing Israel, restrictions of freedom of movement and of access, suppressing peaceful public demonstrations, implementing blockades preventing the delivery of necessary food and aid[5], assault against civilian hospitals organized to give care to the wounded and sick[6] and violations of the principle of distinction and failure to take feasible precautions to avoid and minimize the incidental loss of civilian life. Also stated within the report are serious misconducts concerning the laws surrounding the use of force; citing the excessive and disproportional use of force, widespread acts of intentional killing of civilians, failure to take feasible caution to curb the loss of civilian life and collateral damage; the destruction of  private housing, schools,  industrial and agricultural facilities, and public infrastructure.[7]

The “Goldstone Report” recommends that these allegations be brought forth, by the United Nations Human Rights Council, to the United Nations Security Council and that a report be provided to the Prosecutors Office at the International Criminal Court[8] and that both Palestinian Authority and the Government of Israel be given three months to investigate allegations and take steps to prosecute accordingly.[9]

Not two weeks following the reports release, before a meeting of the United Nations Human Rights Council and without validation, Israel’s Prime Minister Binyamin Netanyahu fallaciously stated that “support for the “Goldstone Report” would inhibit the Peace Process”, citing that “Israel will not be able to take further steps and take risks for peace if it is denied the right of self-defense.” [10] While, it is without question that a State’s primary responsibility should be to provide security for its citizens, excessive belligerence, characterized by indiscriminate, disproportional use of force hinders peace and advances discord by provoking reprisals and destroying the critical infrastructure that becomes essential for improving quality of life  and  achieving economic development. Such actions are counterproductive to any peace process.

Those responsible for the investigation and subsequent report, like its namesake, Richard Goldstone, a self proclaimed supporter of Israel and of Jewish faith, with a distinguished career as former South African Supreme Court Justice and Chief Prosecutor in the International Criminal Tribunals for Rwanda and the former Yugoslavia, continue to ascertain its credibility and call for action. In parallel, a well organized tactical campaign has been mounted, bent to undermine the “Goldstone Report”, discredit those associated with it and in the extremely unlikely event that it is brought before the Security Council, to ultimately compel the Obama administration to employ the United States’ veto to prevent its ultimate escalation to International Criminal Court.

Despite the slogans, the popular mantras and promises of “change” nearly one year ago, and with the majority of the international community[11] and Human Rights Organizations calling on the Obama administration to endorse the “Goldstone Report”[12], it seems as though the customary, well established precedent of the United States ignoring facts and it’s unconditional support for Israel above international human rights and humanitarian law is likely to endure.  According to an October 2nd report released by the Associated Press, the 47 nation Human Rights Council, which was expected to vote this week, as whether to send to the report to the even less authoritative UN General Assembly, has already delayed its vote until March, citing intense pressure from the United States[13].

An absence of U.S. support for further investigation and a failure to escalate the “Goldstone Report” would undermine multilateralism, exploit the dangerous void of accountability within the United Nations organization and weaken the moral example; the United States should be working to strengthen.

Nearly eight years ago, after a decade of serious human rights abuses and atrocities in Kosovo, the international community was provided a costly demonstration as to the importance of promoting human rights and accountability as a precondition of breaking cycles of violence.[14] These events provided irrefutable evidence of the fact that failing to impose accountability, would further obstruct the Israeli-Palestinian peace process by neglecting to condemn actions that instigate reprisals, destroy critical infrastructure and cause economic devastation. Finally, it would continue to deny Palestinians the same right to self determination and security that the United States and Israel so fervently defend.

Establishing viable, internationally accepted principles of International Human Rights, Humanitarian Law and the use of force requires that accountability and justice be employed on occasions where breaches occur or at the very least investigated where they are suspect.  Otherwise, these multilateral regimes become subject to a policy of selective jurisdiction and the dignity, protection and security guaranteed by them, nothing more than privileges afforded to certain peoples and denied to others.

The Obama administration’s efforts to provide hundreds of millions of dollars in aid to support reconstruction efforts in Gaza is indicative of a progressive understanding that economic development and critical infrastructure are necessary components of security,  sustainability and peace. However, simultaneously neglecting to recognize, hold accountable or alter the behavior of those responsible for causing the relentless destruction that disallows these fundamental components of peace, would be a discouraging display of politics as usual and an appalling setback for  human rights and international humanitarian law.

willmathopoullosWilliam Mathopoullos has a Graduate Degree in Diplomacy and International Affairs from the Seton Hall University; Whitehead School of Diplomacy and International Relations.  He has spent the most recent several years working as a Senior Contract Specialist, supporting a diverse range of federal projects related to humanitarian/disaster response, foreign aid, transportation security, homeland security and defense.

He also has experience working with the United Nations, Non Governmental Organizations, Missions and Educational Institutions in the realm of public outreach; specifically related to non proliferation of weapons and United Nations Reform.

[1]“Arabic News” Bush pledges $230 million in aid to Lebanon, August 8, 2006 http://www.arabicnews.com/ansub/Daily/Day/060822/2006082215.html

[2] LA Times, “Obama Move Alarms Israeli Supporters”, April 27 2009; http://articles.latimes.com/2009/apr/27/world/fg-obama-hamas27

[3] Report of the United Nations Fact Finding Mission on the Gaza Conflict; United Nations Human Rights Council, September 15 2009. Page 5.

[4] Report of the United Nations Fact Finding Mission on the Gaza Conflict; United Nations Human Rights Council, September 15 2009. Page 8-9.

[5] Report of the United Nations Fact Finding Mission on the Gaza Conflict; United Nations Human Rights Council, September 15 2009. Page 537.

[6] International Committee of the Red Cross; International Humanitarian Law and Treaties; 1949 Geneva Convention; Articles 18 & 19.

[7] Report of the United Nations Fact Finding Mission on the Gaza Conflict; United Nations Human Rights Council, September 15 2009. Pages 533-535.

[8] Report of the United Nations Fact Finding Mission on the Gaza Conflict; United Nations Human Rights Council, September 15 2009. Pages 544-545

[9] Report of the United Nations Fact Finding Mission on the Gaza Conflict; United Nations Human Rights Council, September 15 2009. Pages 547

[10] New York Times Online;”Israel Says Gaza War Report Threatens Pace Efforts” October 1, 2009, http://www.nytimes.com/reuters/2009/10/01/world/international-us-palestinians-israel-gaza.html

[11] Pressconnects.com; U.S. Ignores Facts. October 1, 2009 http://www.pressconnects.com/article/20091001/VIEWPOINTS03/910010339/1120/U.S.+ignores+facts

[12] Human Rights Watch; HRW.org http://www.hrw.org/en/news/2009/09/27/us-endorse-goldstone-report-gaza  September 27, 2009

[13] Associated Press, October 2, 2009 “Palestinians say Goldstone report ‘remains alive’” http://www.google.com/hostednews/ap/article/ALeqM5gmWe_WoQ8DB6K0dpgNV7UVCRIefQD9B2TTTO1

[14] Elizebeth Anderson, Human Rights; “Under Orders: War Crimes In Kosovo, Oct. 26, 2001 Watchhttp://www.hrw.org/en/news/2001/10/25/under-orders-depth-report-documents-milosevic-crimes