Doc's Talk: "Goldstone Report"

Wednesday, September 30, 2009

"Goldstone Report"

Arlene Kushner

The Goldstone Report -- which charges Israel with war crimes: the deliberate targeting of civilians -- has now been presented to the UN Human Rights Council, which commissioned it, and which will surely accept its findings after discussion.

There will then be a move to send the report on to the UN Security Council, which, if it accepts it, may send it forward to the Hague and the International Court of Justice. Problems with the report include the following:

[] The mandate by the Human Rights Council -- itself overtly and blatantly anti-Israel -- to the Goldstone Commission, which did the investigation, was biased from the beginning: Only Israel that was to be investigated.

[] Hamas, with its use of human shields, was given a free ride. When a Hamas leader who testified actually referred to human shields, the report concluded that "it did not consider [the statement] to constitute evidence." Said Goldstone, in open correspondence: "We did not deal with the problems of conducting military operations in civilian areas [which is what Hamas did]. We avoided having to do so in the incidents we decided to investigate."
[] The commission was nothing more than a kangaroo court, as there were judges sitting on it who stated before the investigation even started that they knew Israel was guilty.

[] Israel's right to self-defense is not mentioned once in the report.

[] "Evidence" presented by Palestinians was accepted without corroboration.

[] The report was based in the main on statements by anti-Israel NGOs (e.g., Palestinian Center for Human Rights). NGO Monitor -- which called the report "575 pages of NGO 'cut and paste'" -- found numerous false and unsubstantiated allegations that were included.

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Dr. Elihu Richter, of the Hadassah School of Public Health, charged, in the Post:

"I personally submitted a nine-page, annotated and referenced brief to the Goldstone Commission last July showing that the high male-female ratio of fatalities among Palestinians in Gaza argues for the combatant status of many whom human rights organizations classified as non-combatants. However, the Commission was not driven by the evidence, but by its preset agenda."

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For further background on the issues and the bias of the charges, see here (especially "Article and Reports"):

http://www.eyeontheun.org/view.asp?l=47&p=982

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Outraged? Aghast at the overt bias, without even a pretense at evenhandedness, which might lead to punitive measures against Israel? Good that you should be. Let every decent person everywhere demand a stop to this.

Dr. Jan Sokolovsky, Executive Director of the International Commission for Jewish Legal Affairs, has put out a call for people to act to block acceptance of this by the Security Council.

The Council has 15 members -- five permanent and 10 temporary. It requires a permanent member to veto the motion -- and the US is the only one that would do this. Otherwise, it would require some combination of seven abstentions and 'no' votes by temporary members to block acceptance of the report, as nine votes are needed to pass it. As this is an exceedingly unlikely prospect, the US veto is the only chance to stop this.

There has been indication that Secretary of State Clinton prefers to see the Report kept in the Human Rights Council, and US Ambassador to the UN, Susan Rice -- who called the report "unbalanced, one-sided, and unacceptable" -- has said the same. But we can take no chances here.

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Messages are best very brief. For example (using your words): The Goldstone Report commissioned by the UN Human Rights Council is highly biased and constitutes a blood libel against Israel. Please expend every possible effort to contain it in the Human Rights Council, and, if this fails, please veto its acceptance in the Security Council.

Contact:

President Barack Obama

Fax: 202-456-2461 White House Comment line: 202-456-1111

e-mail form via: http://www.whitehouse.gov/contact/

Secretary of State Hillary Clinton

Fax: 202-261-8577 or 202-647-65434

Main switchboard to the State Department: 202-647-4000

State Dept. Public Communication Division

(accepts opinions from the public -- best to connect here):

Fax: 202-647-2283 Phone: 202-647-6575

E-mail: secretary@state.gov

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Anne Bayefsky, who heads Eye on the UN, has put out a joint statement on Goldstone on behalf of the Touro
Institute on Human Rights and the Holocaust, and the Hudson Institute. In part, it reads:

"The Goldstone mission will go down in history as the 21st century’s equivalent to the Protocols of the Elders of Zion – a notorious work of fiction which spun a conspiratorial web of deceit and distortion that has fueled hatred of Jews ever since.

"At its core, the Goldstone report repeats the ancient blood libel against the Jewish people – the allegation of bloodthirsty Jews intent on butchering the innocent. Or as the Goldstone mission casts this abomination for a modern audience: Israel 'deliberately…terrorize[d] a civilian population;' Israeli 'violence against civilians w[as] part of a deliberate policy.' (paras. 1211, 1690)

"With this report the UN has come full circle. Rising from the Jewish ashes of crimes against humanity, it now purports to render the Jewish people’s exercise of the right of self-defence as itself a crime against humanity."

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And so, the world continues in its insane ways, with Palestinians using every avenue possible to try to weaken us.

In yet another version of universal jurisdiction, British law permits private individuals to lodge complaints of "war crimes" against military personnel, even if they are not British and the alleged crimes were committed elsewhere.

Drawing on this, 16 Palestinians from Gaza called on two British law firms to act on their behalf; the law firms -- knowing that Defense Minister Ehud Barak was due in the country shortly -- applied to the courts for an international arrest warrant, claiming that Barak had committed war crimes and breaches of the Geneva Convention during military operations in Gaza.

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Barak -- who was on his way to Britain, and received advice from many quarters to turn back -- behaved with admirable determination and courage, refusing to change his plans.

At the end of the day, the court threw out the petition for arrest. This was in response to arguments submitted by the British Foreign Office, which had been in constant consultation with Israel's Foreign Ministry, that Barak was a state guest and therefore not subject to such a law suit. Barak has come to Britain for meetings with Prime Minister Gordon Brown, Defense Secretary Bob Ainsworth and Foreign Secretary David Miliband.

Said Barak:

"We do not intend to let terror win. We will not apologize in any way for our just struggle against terrorism. We will do everything possible so that the representatives of Israel, security officials and soldiers of the IDF will continue to freely travel the world. The theater of the absurd whereby those who defend their citizens need to be on the defensive has to end. Otherwise, the world is likely not only to give a prize to terrorism, but to encourage it."

I salute him for this.

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Our Security Cabinet has agreed to the release of 20 women Palestinian prisoners in exchange for an up-to-the-minute video tape of Gilad Shalit that serves as evidence that he is still alive. This was worked out by the Germans, who are now mediating negotiations for Shalit's release, and was approved by our negotiating team, headed by Hagai Hadas.

This is supposed to take place on Friday, amid cautions that this does not mean a deal is almost finalized.

The women scheduled for release have all served at least two-thirds of their sentences, and none was involved directly in the murder of Israelis. (Indirectly, in a couple of instances, yes.) It is being said that this 20 would be deducted from the final number of prisoners that Hamas is demanding in exchange for Shalit.

Almost all of the women are from Judea and Samaria, and not from Gaza. What occurs to me then is that if this release takes place, it may have the effect of strengthening Hamas politically in Judea and Samaria.

Wait and see is the best policy here.

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A hasbara, or public relations, tour of the US coast to coast, I understand, is being planned for this fall with several ministers participating. The topic: Israeli rights. This is exceedingly good news, for this subject has been vastly neglected since the beginning of Oslo.

There has been talk unending about our obligations, and what concessions we ought to make.

And there is talk about our security requirements. Thus, there has been a campaign for us to establish "defensible borders." I never liked that. Yes, of course, we need defensible borders. But if an area of Judea and Samaria -- in the heartland of our ancient heritage -- is not needed for our defense, does this mean it's all right to surrender it? Not in my book it doesn't.

If the current government, weary with the emphasis on concessions, is now prepared to push our rights and to educate others to the matter, I celebrate. This is a theme I will return to.

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see my website www.ArlenefromIsrael.info

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The IDF’s Minorities in Numbers and Pictures

In honor of IDF Diversity Week, we present diversity through numbers and pictures. Each year, more and more Muslims, Christians, Druze, Bedouin and immigrants from around the world take on the responsibility of defending Israel.

MUSLIMS:

Muslim Arab Israelis are not required to draft in the IDF, but there are many who volunteer. In 2013, there were over 200 Muslims serving in the IDF and over 300 in the reserves.

Bedouins:

Bedouins are nomadic Muslims who were in Israel when modern borders were set in place and are now considered Israeli citizens. They are not required to draft but a growing number choose to enlist. In 2012, there were over 1,400 Bedouin Muslim soldiers doing regular IDF service and almost 1,500 in the reserves.

Read more:http://www.idfblog.com/2014/02/27/truth-idf-numbers-pictures/#more-34027

Are you aware that in 2013, Middle class taxes go up-significantly?

In January of next year, the federal income tax rate for middle-class taxpayers is scheduled to rise from 25 percent to 28 percent, and the payroll tax is scheduled to rise from 13.3 percent to 15.3 percent… This drives the marginal tax rate based on the aforementioned three taxes to 48.12 percent. Add in state and local property, corporate, excise, and other state and local taxes, and the percentage of each additional dollar that is taxed hovers around 50 percent… When half of each additional dollar earned is taxed away, taxpayers experience a disincentive to start businesses or expand existing ones. This leads to fewer jobs being created.

Why is HAMAS Inside Tampa Schools?

Clare Lopez

Kelly Miliziano, who teaches history classes at Steinbrenner High School in the Tampa, Florida area apparently thinks it’s perfectly OK to invite a senior official of a HAMAS-affiliated organization into her classroom to discuss Islam with her students. According to local media reports, not only has this been going on for years, but in spite of the civil and criminal proceedings that could result from such reckless negligence, the Hillsborough County school superintendent, Mary Ellen Elia, and the chairman of the school board, Candy Olson, also expressed approval for students under their responsibility to be exposed repeatedly to guest speaker, Hassan Shibly, who is the Executive Director for the Council on American-Islamic Relations (CAIR) in the Tampa area.
More...

Did You Know... Ignoring the Call to Islam will Bring Jihad

‘Conquest through Da’wa [proselytizing] that is what we hope for. We will conquer Europe, we will conquer America! Not through sword but through Da’wa.’
-- Yousef al-Qaradawi , Muslim Brotherhood spiritual leader The Arabic word ‘Da’wa’ means the “call to Islam.” But do not think that Da’wa is the same thing as an invitation to an optional holiday event. The classical Islamic doctrine of jihad mandates that enemies must be given the opportunity to convert to Islam or pay the jizya tax before it is permissible to attack them.
Clare M. Lopez

Who is being discriminated-facts tell the truth

Religious bias

Hate crimes motivated by religious bias accounted for 1,409 offenses reported by law enforcement. A breakdown of the bias motivation of religious-bias offenses showed:

65.4 percent were anti-Jewish.
13.2 percent were anti-Islamic.
9.5 percent were anti-other religion, i.e., those not specified.
4.3 percent were anti-Catholic.
3.8 percent were anti-multiple religions, group.
3.3 percent were anti-Protestant.
0.5 percent were anti-Atheism/Agnosticism/etc.

http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2010/narratives/hate-crime-2010-incidents-and-offenses.

On March 31, 1977, the Dutch newspaper Trouw published an interview

with PLO executive committee member Zahir Muhsein. Here's what he said:

"The Palestinian people does not exist. The creation of a Palestinian state is only a means for continuing our struggle against the state of Israel for our Arab unity. In reality today there is no difference between Jordanians, Palestinians, Syrians and Lebanese. Only for political and tactical reasons do we speak today about the existence of a Palestinian people, since Arab national interests demand that we posit the existence of a distinct "Palestinian people" to oppose Zionism.

For tactical reasons, Jordan, which is a sovereign state with defined borders, cannot raise claims to Haifa and Jaffa, while as a Palestinian, I can undoubtedly demand Haifa, Jaffa, Beer-Sheva and Jerusalem. However, the moment we reclaim our right to all of Palestine, we will not wait even a minute to unite Palestine and Jordan."

In March 1977, Zahir Muhsein, a PLO executive, said:

"The Palestinian people does not exist. The creation of a Palestinian state is only a means for continuing our struggle against the state of Israel for our Arab unity. In reality today there is no difference between Jordanians, Palestinians, Syrians and Lebanese. Only for political and tactical reasons do we speak today about the existence of a Palestinian people, since Arab national interests demand that we posit the existence of a distinct Palestinian people to oppose Zionism."

"For tactical reasons, Jordan, which is a sovereign state with defined borders, cannot raise claims to Haifa and Jaffa, while as a Palestinian, I can undoubtedly demand Haifa, Jaffa, Beer-Sheva and Jerusalem. However, the moment we reclaim our right to all of Palestine, we will not wait even a minute to unite Palestine and Jordan."

The Arab Apartheid

Ben-Dror Yemini
In 1948, the Arab countries refused to accept the UN partition proposal and they launched a war of annihilation against the State of Israel which had barely been established. All precedents in this matter showed that the party that starts the war - and with a declaration of annihilation, yet - pays a price for it. Between 550,000 and 710,000 Arabs fled because of the war and a larger number of 850,000 Jews were expelled or fled from Arab countries (the "Jewish nakba").
Population exchanges and expulsions were the norm at that time, occurring in dozens of other conflict points and affecting about 52 million people. In all the population exchange precedents that occurred during or at the end of an armed conflict, there was no return of refugees to the previous region, which had turned into a new national state.
Only the Arab states acted completely differently from the rest of the world. Instead of assimilating the refugees, they crushed them despite the fact that they were their coreligionists and members of the Arab nation - instituting a regime of apartheid. So the "nakba" was not caused by the actual dispossession, which had also been experienced by tens of millions of others. The "nakba" is the story of the apartheid, oppression, abuse and denial of rights suffered by the Arab refugees at the hands of the Arab countries. (Maariv)

International Law and Military Operations in Practice - Col. Richard Kemp

"Islamist fighting groups study the international laws of armed conflict carefully and they understand it well. They know that a British or Israeli commander and his men are bound by international law and the rules of engagement that flow from it. They then do their utmost to exploit what they view as one of their enemy's main weaknesses. Their very modus operandi is built on the correct assumption that Western armies will normally abide by the rules, while these insurgents employ a deliberate policy of operating consistently outside international law. "

Lost Historical Moments

What Rabin’s last Knesset speech really said:repudiation of a Palestinian state

Rabin ruled out a fully sovereign Palestinian state :

“We view the permanent solution in the framework of State of Israel which will include most of the area of the Land of Israel as it was under the rule of the British Mandate, and alongside it a Palestinian entity which will be a home to most of the Palestinian residents living in the Gaza Strip and the West Bank. We would like this to be an entity which is less than a state, and which will independently run the lives of the Palestinians under its authority.”

Rabin ruled out a total withdrawal from Judea and Samaria and thus a return to the pre-June 1967 borders :

“The borders of the State of Israel, during the permanent solution, will be beyond the lines which existed before the Six Day War. We will not return to the 4 June 1967 lines.”

Rabin ruled out withdrawing form the Jordan Valley:

“The security border of the State of Israel will be located in the Jordan Valley, in the broadest meaning of that term.”

Rabin ruled out uprooting settlement blocs, like the Gush Katif bloc in Gaza (which was subsequently uprooted by former Prime Minister Ariel Sharon):

“The establishment of blocs of settlements in Judea and Samaria, like the one in Gush Katif.

AND

Rabin ruled out removing any settlement before coming to a full peace agreement with the Palestinians:

“I want to remind you: we committed ourselves, that is, we came to an agreement, and committed ourselves before the Knesset, not to uproot a single settlement in the framework of the interim agreement, and not to hinder building for natural growth.”

Rabin insisted on Israel retaining full security control of the borders with Egypt and Jordan, contrary to Israel’s relinquishment of the Philadelphia Corridor on the border with Egypt:

“The responsibility for external security along the borders with Egypt and Jordan, as well as control over the airspace above all of the territories and Gaza Strip maritime zone, remains in our hands.”

Correcting Oslo Myths-Part 2

3) Kuttab laments that the post-1993 Oslo process resulted in a Palestinian Authority "whose ministers and legislators are not guaranteed passage between Gaza and the West Bank ...."

Before free passage or other perquisites, PA leaders were obligated, among other things, to eliminate the terrorist infrastructure in the West Bank and Gaza Strip, end anti-Israeli, antisemitic incitement in schools, mosques, and communications media, and resolve all outstanding issues through peaceful negotiations. They met none of these commitments, sometimes bolstering terrorism and greatly increasing incitement.

4) Kuttab complains that under Oslo the PA got "lightly armed police ---- but no real sovereignty over the land or contiguity between our communities in Gaza and the West Bank."

Oslo agreements repeatedly were revised, regardless of Palestinian non-compliance, until the authorized number of police grew from 8,000 to 40,000. Though they were to be the only armed forces in the territories, Israeli estimates early in the second intifada put the number of gunmen - police, "security services," terrorists, and armed gangs - at 85,000. Their armament reportedly included not only heavy machine guns and rocket-propelled grenades, but also anti-tank and anti-aircraft missiles.

Sovereignty was to be negotiated in the envisioned 1998 "final status" talks - after a five-year period of confidence-building. Palestinian leadership chronically undermined the process. Palestinian terrorism made the 1993 - 1998 Oslo period more deadly for Israelis than the 15 years preceding it.

The United States doesn't have contiguity between the lower 48 states and Alaska and Hawaii; territorial contiguity between the West Bank and Gaza Strip - that is, through the 20 miles of Israeli territory between them - was never promised and would destroy Israeli contiguity.

5) "Palestinians have been made to endure hundreds of checkpoints in the West Bank, an eight-foot wall deep in our territories, and tight Israeli control over borders."

The security barrier is not "deep in Palestinian territories," but rather encompasses less than 8 percent of Judea and Samaria, and is mostly a fence, rarely a wall; the land in question is not "our [Palestinian] territories" but disputed territory to which, according to the authors of U.N. Security Council Resolution 242, Jews as well as Arabs have claims; and there are no international borders, only the 1949 armistice lines with Jordan. Under 242, borders remain to be negotiated. As for checkpoints - like the security barrier and "tight Israeli control" - Palestinian Arabs precipitated these measures themselves. No terrorism and there would be no fence or tight Israeli control and few checkpoints - like before the first intifada.

Correcting Some Oslo Myths

1) In Oslo "Israeli, Palestinian and other world leaders promised that ... Palestinian sovereignty would be solidified."

No, they didn't. The 1993 Declaration of Principles and subsequent Oslo agreements outlined a process by which final status negotiations about the West Bank and Gaza Strip would be reached. The process required an end to anti-Israel terrorism and incitement and a commitment to peaceful negotiations. The PA, Fatah, Hamas, Islamic Jihad, the Popular Front for the Liberation of Palestine, and other terrorist groups, sabotaged the process from the start.

2) "The reality is that, in defiance of U.N. Security Council Resolution 242, which states that it is inadmissible to occupy land by force, Palestinian territories are still under foreign military occupation."
Wrong again. Resolution 242 (1967) does note "the inadmissibility of the acquisition of territory by war." It also affirms the right of every state in the area "to live in peace with secure and recognized boundaries free from threats or acts of force." There were no "Palestinian territories." Jordan occupied the West Bank, Egypt controlled Gaza. Israel did not have "secure and recognized boundaries," so retention of some of those territories was possible under 242. Israel is not a "foreign" military occupier in the West Bank but, pending final negotiations, the lawful military administrator as a result of a successful war of self-defense.

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