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The Goldstone Report is one of the most controversial UN reports ever published. It alleges that both Israel and Hamas committed atrocities during Israel's 2009 incursion into Gaza, with Israel aiming to "punish, humiliate and terrorise a civilian population." This characterization incited an uproar in Israel and abroad. Unfortunately, the controversy surrounding the findings supplanted any real understanding of their implications. Edited by three progressive American Jews, The Goldstone Report contains analysis; commentary by Desmond Tutu, Naomi Klein, and Rashid Khalidi, among others; and a context for debate.
The 'Goldstone Report' of September 2009 started a critical debate at the international level. The Report raised serious allegations of grave violations of international law with regard to the Israeli attack on Gaza of 27 December 2008 - 18 January 2009, amounting to possible war crimes and crimes against humanity. The UN General Assembly and the Human Rights Council, amidst high political pressure, endorsed the Report’s recommendations, calling for prompt and proper investigations to ensure accountability and justice for the victims. Given the lack of proper investigations at the national level, international justice mechanisms are now needed. Indeed, the ICC opened a preliminary examination of the situation but difficulties arose because of the uncertain status of the occupied Palestinian territory. The issue of the existence of a State of Palestine is extremely actual and still unsolved at the UN level. With a foreword by prof. William Schabas, the book collects contributions by renowned international law professors as Eric David, John Dugard, Richard Falk and many other distinguished scholars and lawyers, and brings together for the first time essential documentation on the 'Gaza conflict'. The underlying question, whether there is a court for Gaza, can be seen as a test case for international justice, and shed a light on the role of international institutions in the difficult combination of law and politics that connotes international justice. Useful for all those interested in the Israeli-Palestinian conflict, such as international and criminal law scholars, and human rights and humanitarian organizations.
In June 2009, Richard Goldstone was a global hero, honored by the MacArthur Foundation for its prize in international justice. Four months later, he was called a “quisling” and compared to some of the worst traitors in human history. Why? Because this champion of human rights and international law chose to apply his commitments to fairness and truth to his own community. The Trials of Richard Goldstone tells the story of this extraordinary individual and the price he paid for his convictions. It describes how Goldstone, working as a judge in apartheid South Africa, helped to undermine this unjust system and later, at Nelson Mandela’s request, led a commission that investigated cases of racial violence and intimidation. It also considers the international renown he received as the chief United Nations prosecutor for war crimes committed in Rwanda and the former Yugoslavia, the first tribunals to try political and military leaders on charges of genocide. Finally, it explores how Goldstone became a controversial figure in the wake of the Jewish jurist’s powerful, but flawed, investigation of Israel for alleged war crimes in Gaza. Richard Goldstone’s dramatic life story reveals that even in a world rife with prejudice, nationalism, and contempt for human rights, one courageous man can advance the cause of justice.
The Gaza Strip is among the most densely populated places in the world. More than two-thirds of its inhabitants are refugees, and more than half are under eighteen years of age. Since 2004, Israel has launched eight devastating "operations" against Gaza's largely defenseless population. Thousands have perished, and tens of thousands have been left homeless. In the meantime, Israel has subjected Gaza to a merciless illegal blockade. Norman G. Finkelstein presents a meticulously researched inquest into Gaza's martyrdom. He shows that although Israel justified its assaults in the name of self-defense, in fact these actions constituted flagrant violations of international law. He also documents that the guardians of international law -- from Amnesty International and Human Rights Watch to the UN Human Rights Council -- ultimately failed Gaza.
"Israel has been the subject of numerous controversial U.N. inquiries related to armed conflict and responses to terror attacks. But, the scope and impact of the Report of the United Nations Fact-Finding Mission on the Gaza Conflict, known as the Goldstone Report, were particularly extreme. Produced under the politicized U.N. Human Rights Council, the fact-finding reflected in the Goldstone Report has been shown to be largely inaccurate. Similarly, international legal claims were distorted in a manner that maximized allegations of Israeli violations, while minimizing Hamas war crimes during the December 2008 - January 2009 Gaza War. Applying a number of academic approaches, the contributors to this book systematically address the flaws of the report and examine its far-reaching consequences. As demonstrated, the Goldstone Report sets a highly flawed example for other investigations of armed conflicts and international justice. Its methodological deficiencies, double standards, misleading interpretations of law, and unsupported conclusions are antithetical to the universal principles of human rights, including the right to self-defense."--Publisher.
The author argues that Israel stands on the frontlines of a new struggle over the international laws of war and exposes abuses of law that have been promulgated by international human rights lawyers, UN bodies, and intellectuals to illegitimately circumscribe the right of liberal democracies to defend themselves against transnational terrorists. The Goldstone Report, which was published by the United Nations in September 2009, and the Gaza flotilla controversy, which erupted at the end of May 2010, are examples of those abuses. This book criticizes the flawed assumptions and defective claims arising from both the Goldstone Report and the Gaza flotilla controversy, showing how the legal principles and conclusions advanced by many of Israel's critics threaten not only Israel's national security interests but the United States' as well.
In the spring of 2009, South African judge Richard Goldstone set out on a mission to the Gaza Strip on assignment from the United Nations Human Rights Council to investigate possible war crimes committed by both Israel and Hamas during Operation Cast Lead, Israel's invasion of Gaza a few months earlier. Many other reports on the Israel-Palestinian conflict had come and gone, but the account Goldstone's mission produced later that year was different - it became the report heard round the world. Formally known as The United Nations Fact-Finding Mission on the Gaza Conflict, the report is one of the most controversial and historic documents published in the century-long conflict in Israel and Palestine. Alternating between clinical analysis and contained bursts of moral outrage, it offers a devastating catalogue of the events of Operation Cast Lead capped by a stark conclusion: that both Israeli and Hamas forces committed war crimes and possible crimes against humanity during the twenty-two-day conflict. For the first time, a U.N. report accused the Palestinian side of grave breaches of international law, but it was the mission's emphasis on Israeli atrocities - in particular its conclusion that Israel had engaged in a deliberately disproportionate attack designed to punish, humiliate, and terrorize a civilian population - that made it a political bombshell. This new volume is an edited version of the original along with essays from a wide range of leading experts, activists, and journalists. They include Archbishop Desmond Tutu; human rights activist Raji Sourani; legal expert Jules Lobel; Israeli philosopher Moshe Halbertal; historians Rashid Khalidi and Jerome Slater; congressman Brian Baird; policy analyst Henry Siegman; authors Ali Abunimah, Naomi Klein, and Letty Cottin Pogrebin; and journalists Noam Sheizaf and Leila El-Haddad. The Goldstone Report is a corrective to the relentless attacks the original received and a strenuous and informed effort to put that report in its proper context.
For the Palestinians who live in the narrow coastal strip of Gaza, the Israeli invasion of December 2008 was a nightmare of unimaginable proportions: In the 22-day-long action 1,400 Gazans were killed, several hundred on the first day alone. And yet, while nothing should diminish Palestinian suffering through those frightful days, it is possible something redemptive is emerging from the tragedy of Gaza. For, as Norman Finkelstein details, in a concise work that melds cold anger with cool analysis, the profound injustice of the Israeli assault was widely recognized by bodies that it is impossible to brand as partial or extremist. Amnesty International, Human Rights Watch, and the UN investigation headed by Richard Goldstone, in documenting Israel’s use of indiscriminate and intentional force against the civilian population during the invasion (100 Palestinians died for every one Israeli), have had an impact on longstanding support for Israel. Jews in both the Unites States and the United Kingdom, for instance, have begun to voice dissent, and this trend is especially apparent among the young. Such a shift, Finkelstein contends, can create new pressure capable of moving the Middle East crisis towards a solution, one that embraces justice for Palestinians and Israelis alike. This new paperback edition has been revised throughout and includes an extensive afterword on the Israeli attack on the Gaza Freedom Flotilla which resulted in the deaths of nine activists and further strained the loyalty of many of Israel’s traditional allies around the world. It also contains a brand new appendix in which Finkelstein dissects the official Israeli investigation of the flotilla attack.
In the past five years Israel has mounted three major assaults on the 1.8 million Palestinians trapped behind its blockade of the Gaza Strip. Taken together, Operation Cast Lead (2008-9), Operation Pillar of Defense (2012), and Operation Protective Edge (2014), have resulted in the deaths of some 3,700 Palestinians. Meanwhile, a total of 90 Israelis were killed in the invasions. On the face of it, this succession of vastly disproportionate attacks has often seemed frenzied and pathological. Senior Israeli politicians have not discouraged such perceptions, indeed they have actively encouraged them. After the 2008-9 assault Israel’s then-foreign minister, Tzipi Livni, boasted, “Israel demonstrated real hooliganism during the course of the recent operation, which I demanded.” However, as Norman G. Finkelstein sets out in this concise, paradigm-shifting new book, a closer examination of Israel’s motives reveals a state whose repeated recourse to savage war is far from irrational. Rather, Israel’s attacks have been designed to sabotage the possibility of a compromise peace with the Palestinians, even on terms that are favorable to it. Looking also at machinations around the 2009 UN sponsored Goldstone report and Turkey’s forlorn attempt to seek redress in the UN for the killing of its citizens in the 2010 attack on the Gaza freedom flotilla, Finkelstein documents how Israel has repeatedly eluded accountability for what are now widely recognized as war crimes. Further, he shows that, though neither side can claim clear victory in these conflicts, the ensuing stalemate remains much more tolerable for Israelis than for the beleaguered citizens of Gaza. A strategy of mass non-violent protest might, he contends, hold more promise for a Palestinian victory than military resistance, however brave.