Israel slams Goldstone 'misrepresentations' of internal probes into Gaza war

[shira]

Israel hit back Friday at claims by a United Nations report on its Gaza offensive last winter, charging in a written response submitted to UN chief Ban Ki-moon that the so-called Goldstone report was inaccurate, as Israel had abided by rules of war in investigating claims of war crimes.

Israel launched Operation Cast Lead in late December 2008, following heavy rocket fire from Gaza on its southern communities. The UN Human Rights Council commission of inquiry into the three-week offensive was headed by retired South African justice Richard Goldstone. The Goldstone report charged both Israel and Hamas with war crimes, as well as acts that amounted to crimes against humanity. The UN report found that the conflict was dominated by Israel's military superiority, had killed 1,400 Palestinians and caused widespread damage to properties in Gaza.

But in a 46-page document entitled "Gaza Operation Investigations: Update," Israel emphasized Friday its commitment to "full compliance with the Law of Armed Conflict, and to investigating every allegation of violations, irrespective of the source of the allegation." Click here to view the Israeli response.

46 page written response...
http://www.haaretz.com/hasite/images/iht_daily/D290110/Gaza%20Operation%20Investigations%20An%20Update.pdf

Israel describes its report issued Friday as a follow-on to a paper released in July 2009, entitled "The Operation in Gaza: Factual and Legal Aspects." The initial document, Israel says, "addressed a range of factual and legal issues related to the Gaza Operation, including the thousands of missile attacks that necessitated the Operation, and the deliberate Hamas entrenchment in civilian areas which made combat so complex and challenging." Israel also said Friday that the latest document "is not intended as a comprehensive rebuttal of the Human Rights Council Fact-Finding Report or a catalogue of the Report's flaws. The Paper does, however, note some of the Report's inaccuracies and misrepresentations of Israel's investigative system."

more...
http://www.haaretz.com/hasen/spages/1146197.html

[azurnoir]

1. so they came to the same conclusion that Hamas did

we're innocent but wait we took 46 pages in PDF format so that makes it true
what a surprise who'd of ever guessed

[ProgressiveProfessor]

2. Any sentient would be of the opinion that the report was seriously flawed

due to lack of data.

Some here held that by not going along with it Israel "looked bad" which is as silly as it sounds. It now looks like it was also a sucker trap.

[Violet_Crumble]

4. Insulting the intelligence of people who don't believe the crap of the IDF or Hamas is childish...

You've repeatedly refused to explain exactly what data the investigators didn't have that you've seen, so it seems pretty clear to me that it's just more excuse making...

As for Israel refusing to cooperate making it look like it had something to hide - hell yes, it sure did and still does and you've never explained why it doesn't...

[Mosby]

3. Thanks for posting, very informative.

V. CONCLUSION

183. The Gaza Operation presented complex challenges to Israel and the IDF. While the need
and obligation to respond effectively to the thousands of Hamas rockets and mortars that
had terrorized Israeli civilians for years was clear and acute, the strategies adopted by
Hamas, and in particular its systematic entrenchment in the heart of civilian areas, created
profound operational dilemmas.

184. These challenges did not end with the close of operations. A key element of respecting
the Law of Armed Conflict is a commitment genuinely to review military operations after
the fact, and thoroughly investigate allegations of unlawful activity. Fulfilling this
commitment in the context of Gaza is demanding, and requires serious efforts to obtain
evidence from battleground situations and to make arrangements to enable residents of
Gaza to give their accounts. It also requires an awareness that, in complex combat
situations, errors of judgment, even with tragic results, do not necessarily mean that
violations of the Law of Armed Conflict have occurred.

185. A further challenge is presented by the scale of the investigations. Because Israel
followed up on every allegation, regardless of whether the source was neutral, hostile, or
friendly, it launched investigations into 150 separate incidents, including 36 criminal
investigations opened thus far. More broadly, the six special command investigations
initiated by the IDF addressed more general concerns that arose in the course of the
fighting. Beyond the disciplinary and criminal proceedings that have been initiated,
operational lessons from these investigations have been incorporated in IDF practice.
186. In this Paper, Israel has sought to share its investigative procedures, and has described the
various mechanisms involved, including those operating independently within the military
system as well as the civilian oversight provided by the Attorney General and the Supreme
Court.

187. Israel recognizes the importance of engaging in dialogue and sharing best practices on the
conduct of investigative proceedings with other democratic states facing similar
challenges and committed to upholding the rule of law.

[shira]

6. gotta wonder why Goldstone did this - is he a dumbass who really believes the shit in that report?

The Goldstone Illusion, etc...
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=124x292775

[azurnoir]

8. So the stuff about Hamas and "Palestinian Armed Groups"

targeting civilians must be "shit" too right?

[Violet_Crumble]

5. Human rights community to Israeli Prime Minister: Time is running out. Establish independent inquiry

Human rights organizations in Israel reissued their call to the Government of Israel to establish, without delay, an independent and impartial investigation mechanism to thoroughly examine the allegations raised regarding violations of international law during Operation Cast Lead. In a letter addressed to the Prime Minister and members of his cabinet, heads of the organizations today (Tuesday, 26.1.10) called on Israel to take advantage of the short time still remaining before the UN deliberated on the Goldstone report’s implementation.

The organizations specify in their letter why the military's internal examination, which includes operational debriefings and approximately 30 Military Police investigations, does not satisfy Israel's obligations to investigate. These examinations do not conform to the demands set by the Goldstone fact-finding mission, that Israel and Hamas each investigate suspected violations of international law during Cast Lead. Therefore, they will not be accepted as an appropriate response to the Goldstone report. Furthermore, the organizations warn that Israel’s refusal to hold an independent investigation will expose military officers and members of the previous government to investigation and legal proceedings likely to take place outside Israel.

In light of the above, the organizations called on the Prime Minister to establish, without further delay, an impartial investigative body which will conduct an independent and effective investigation of incidents in which allegations have been raised that Israel violated the provisions of international law during Operation Cast Lead. In order that the investigation will be seen as credible, the organizations believe that a foreign expert on international humanitarian law should be a part of this process. The investigation should examine Israel’s conduct during Operation Cast Lead, including an examination of accountability on the political and command level. Likewise, the investigative body should be charged with preparing the legal groundwork for future military conduct.

This morning the Israeli media reported that the PM is considering appointing a legal team to review the military's investigations and debriefings. The organizations clarify that only an independent and transparent investigation will satisfy Israel's international obligations.

The extent of damage to the civilian population during the operation was unprecedented. The allegations raised regarding the military’s conduct are serious and grave. The Israeli public has the right to an explanation of the actions taken in its name in the Gaza Strip. This is an essential issue at the heart of Israeli society.

Adalah - The Legal Center for Arab Minority Rights in Israel, Association for Civil Rights in Israel, B'Tselem - The Israeli Information Center for Human Rights in the Occupied Territories, Gisha - Legal Center for Freedom of Movement, Hamoked - Center for Defence of the Individual, Physicians for Human Rights - Israel , Public Committee Against Torture in Israel, Yesh Din - Volunteers for Human Rights , Rabbis for Human Rights

http://www.btselem.org/english/press_releases/20100126.asp

[cqo_000]

7. Methinks they doth protest too much...