Texas Jewish Post (Dallas, Tex.), Vol. 68, No. 34, Ed. 1 Thursday, August 21, 2014 Page: 2 of 24
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TEXAS JEWISH POST $ SINCE 1947
2 I August 21,2014
Alleging U.N. bias, Israel distances itself from probe
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TEL AVIV (JTA) — The United
Nations probe into the Gaza
conflict hasn’t even begun, but
Israel already is convinced that it
won’t end well.
In a resolution adopted by a
vote of 29-1 with 17 abstentions,
the U.N. Human Rights Council
moved last month to establish
a commission of inquiry “to
investigate all violations of
international humanitarian law
and international human rights
law in the Occupied Palestinian
Territory.” The United States cast
the sole vote against.
Last week, Israeli Prime
Minister Benjamin Netanyahu
criticized the council for choosing
to investigate Israel rather than
nearby crisis zones such as Iraq or
Syria, and implied he would not
cooperate with U.N. investigators.
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commission or a judge has to be
able to do is to put these things
behind them and start fresh, and
this is of course what I intend
to do,” Schabas said. “It’s in
Israel’s interest to be there in that
discussion and give its version of
events. If it doesn’t, then that leaves
an unfortunate one-sided picture
of it.”
Israeli cooperation could have
softened his report’s conclusions,
Goldstone wrote in the 2011
Washington Post Op-Ed in which
he backed down from the report’s
most scathing criticism of Israel.
Goldstone noted that subsequent
investigations by the Israeli
military indicated that it was not
Israel’s intent to target civilians.
“Although the Israeli evidence
that has emerged since publication
of our report doesn’t negate the
tragic loss of civilian life, I regret
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later personally retracted that
allegation. Israel rejected the
original report as inaccurate and
biased.
This time, the commission will
be chaired by William Schabas,
a Canadian-born professor of
international law at Middlesex
University in London. Schabas
said in an Aug. 12 interview
with Israel’s Channel 2 that it
would be “inappropriate” to
assert that Hamas is a terrorist
organization. Last year, Schabas
said that Netanyahu would be his
“favorite” leader to see tried at the
International Criminal Court.
Schabas’ father is Jewish and he
sits on the advisory board of the
Israel Law Review. In the Channel
2 interview, he said he would not
let his personal opinions affect his
investigation.
“What someone who sits on a
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that our fact-finding mission did
not have such evidence explaining
the circumstances in which we said
civilians in Gaza were targeted,
because it probably would have
influenced our findings about
intentionality and war crimes,”
Goldstone wrote. “Israel’s lack of
cooperation with our investigation
meant that we were not able to
corroborate how many Gazans
killed were civilians and how many
were combatants.”
Among Israeli legal experts,
there is broad agreement that
Israel must do its part to present
its version of events, even while
disagreeing about how best to do
that. Only Israel’s state comptroller
has indicated that he will be
investigating the Gaza conflict.
Amichai Cohen, an
international law expert at the
Israel Democracy Institute,
said the comptroller’s probe is
insufficient and that Israel should
launch an investigation by experts.
“The comptroller himself
doesn’t have knowledge in
international law, in criminal
law, in military law. That’s not his
specialty,” Cohen told JTA. “You
need something independent and
transparent.”
Hillel Neuer, executive director
of the Geneva-based NGO UN
Watch and a vocal critic of the
Human Rights Council’s treatment
of Israel, said Israel should do what
it did in 2009: publish accounts
from the conflict that show its
side of the story without directly
cooperating with the investigation.
“If the U.N. decides to have a
one-sided inquiry, they will write a
one-sided report,” Neuer said. “I’m
confident Israel will make sure
that the commission will have no
excuse to say they didn’t have the
information.”
Shlomy Zachary, a lawyer with
the Palestinian legal rights group
Yesh Din, urged Israel to cooperate
with the United Nations, noting
that its decision to work with a
2010 U.N. investigation of the
so-called flotilla incident helped
mitigate criticism of Israel.
That probe, known as
Palmer Commission, was charged
with investigating the storming of
a Turkish boat aimed at breaking
Israel’s naval blockade of Gaza.
The report ultimately condemned
the raid, but it also criticized the
conduct of protesters on board the
ship and determined that the Gaza
blockade was legal.
“When Israel cooperated with
international bodies, the results
“The report of this committee
has already been written,”
Netanyahu said following a
meeting with visiting New York
Gov. Andrew Cuomo. “The
committee chairman has already
decided that Hamas is not a
terrorist organization. Therefore,
they have nothing to look for
here. They should visit Damascus,
Baghdad and Tripoli. They should
go see ISIS, the Syrian army and
Hamas. There they will find war
crimes, not here.”
Israel has been down this road
before. Following the end of the
last Gaza conflict, in early 2009, its
government refused to cooperate
with a U.N. investigation led by
the South African jurist Richard
Goldstone. The probe, dubbed
the Goldstone Report, alleged that
Israel had intentionally targeted
civilians, though Goldstone
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Wisch-Ray, Sharon. Texas Jewish Post (Dallas, Tex.), Vol. 68, No. 34, Ed. 1 Thursday, August 21, 2014, newspaper, August 21, 2014; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1305285/m1/2/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; .