Part 4–The Goldstone Report “Reconsidered” by Ambassador mo
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The UN and a couple of Judge Goldstone’s fellow Commission members have now reacted to his Op-Ed in the Washington Post to Reconsider at least his commitment to the findings and conclusions outlined in the so labeled “Goldstone Report” related to alleged grave violations of international humanitarian law during the 2008-2009 Israeli-Gaza war. Is Original Report Impacted by Judge Goldstone’s “reconsideration”? The United Nations has repeated that Judge Goldtone’s reconsideration does not impact the standing of the Commission’s Report. The Report has been adopted by the UN Human Rights Council and also referred to the International Criminal Court (although it is not clear that the ICC can act without Security Council referral-endorsement and certainly the United States would look to defer/block any such application of ICC jurisdiction – Israel nor US are State Parties to the ICC). What About the 3 Other Commission Members? It also appears that the 3 other members of the Commission have not withdrawn their endorsement of the findings or conclusion. Following is the latest we could identify in terms of response by the 3 other Commission Members to Judge Goldstone’s Op-Ed. ---Desmond Travers (Defense Officer) of Ireland is quoted by The Associated Press as surprised by what Judge Goldstone wrote and had not seen the Israeli investigations, and that “the tenor of the report (original Commission Report), in its entirety, in my opinion stands.” ---Hina Jilani (Jurist) of Pakistan is quoted by the Middle East Monitor is quoted as seeing no new evidence or reason to invalidate the Report. The NY Times quotes her as later stating that: I would like to know the facts first, and only then I can give a considered opinion.” --- Christine Chinkin (Law Professor) of London School of Economics has not yet commented as far as we know. Views & debate Highly Polarized The issue of what evidence has compelled Judge Goldstone to “reconsider” is not entirely clear. Judge Goldstone has rightfully compared the non-action of Hamas, because of ineptness or superciliousness; however that is more a relative consideration with respect to Israel rather than an objective one that may or may not reflect upon Israel’s own culpability. Judge Goldstone’s Op-Ed has prompted some Israeli political leaders to call for the total invalidation of the report. Apparently Prime Minister Benjamin Netanyahu is quoted as saying that the original report “ should be thrown into the dustbin of history.” That may be the practical implication. However, it probably does not serve Judge Goldstone’s position now to have such statements made especially as Judge Goldstone has accepted an invitation (as private citizen and self defined friend of Israel) to visit Israel. Perhaps after his visit, Judge Goldstone would be better informed as to why he believes that Israel is compliant under international humanitarian law in its own internal investigations of alleged violations during the Gaza conflict. Reports on the Report: Regardless, this is likely to continue to be a hotly debated matter, both because of the contentious issues and parties involved as well as the unprecedented legal implications of Judge Goldstone’s actions and perhaps the evolving position of the 3 other Commission members. The “Goldstone Report” was viewed as so seminal by some political and legal scholars that it produced reports on the Report, perhaps the most noteworthy pictured aboce by Adama Horowitz, Lizzy Ratner and Phillipe Weiss with Forward by Bishop Desmond Tutu – “The Legacy of the Landmark Investigation of the Gaza Conflict.” More than not though, in this debate, it is almost impossible to be seen as pursuing an independent or impartial line of analysis and perhaps even more so to alter passionate opinions. By Ambassador Muhamed Sacirbey Face Book at “Diplomatically Incorrect” Twitter - DiplomaticallyX Here are links to Parts 1-3 of this series – Part 1: diplomaticallyincorrect.org/films/blog_post/the-goldstone-report-reconsidered-the-highly-polarized-debate-by-ambassador-mo/26964 Part 2: diplomaticallyincorrect.org/films/blog_post/part-2-reconsideration-of-goldstone-report-j-street-responds-by-ambassador-mo/27022 Part 3: diplomaticallyincorrect.org/films/blog_post/part-3-goldstone-report-reconsidered-by-ambassador-mo/27051