A United Nations fact-finding mission investigating the three-week war in Gaza released a scathing report on Tuesday which concluded that the Israeli military operation was directed at the people of Gaza as a whole. Operation Cast Lead, as it was named by the Israeli Defense Force, was conducted in furtherance of an overall and continuing policy aimed at punishing the Gaza population, and in a deliberate policy of disproportionate force aimed at the civilian population, the report said. Both the Israeli military and Palestinian armed groups committed actions amounting to war crimes, and possibly crimes against humanity. "The four-member mission, led by Justice Richard Goldstone, a widely respected South African judge, also concluded that neither Israel nor the Palestinian groups had carried out any 'credible investigations' into the alleged violations," The New York Times reported. "If that did not change within six months, the United Nations Security Council should refer the situation to the International Criminal Court in the Hague for possible prosecution, the panel concluded. " 'The prolonged situation of impunity has created a justice crisis in the Occupied Palestinian Territory that warrants action,' the members said in their 574-page report on the war, during which some 1,300 Palestinians were killed, including at least several hundred civilians; as well as 13 Israelis: 10 soldiers and 3 civilians. "Israel reacted quickly, saying in a statement issued by its diplomatic mission in Geneva that it did not co-operate with the investigation but had opened many of its own. The statement said the mission's mandate 'was clearly one-sided and ignored the thousands of Hamas missile attacks on civilians in southern Israel that made the Gaza operation necessary.' But the statement added that Israel would 'read the report carefully'." At the time of the mission's formation in April, BBC News noted that it was being led by a man distinguished both by his legal experience and his personal ties to Israel. "Mr Goldstone is a former UN chief prosecutor for war crimes in Yugoslavia and Rwanda. He is also a former judge at the South African constitutional court. "He is also on the board of governors at Hebrew University in Jerusalem. "Mr Goldstone said he was 'shocked, as a Jew', to be invited to head the mission. " 'I've taken a deep interest in what happens in Israel. I'm associated with organisations that have worked in Israel. " 'And I believe I can approach the daunting task that I have accepted in an even-handed and impartial manner.' " Michael Sefarad, an attorney who specialises in human rights international law, told Ynet: "The Goldstone report is highly unusual, since it states Israel's inquests into the operation were unworthy. The bottom line is that this report brings us one step closer to seeing foreign courts hear war crimes cases involving Israeli officials "The report may prompt Western countries to detain and try Israeli officers and officials. The UN Security Council can delegate the ICC to launch an official probe, but the US' veto power renders that unlikely as well." Mr Sefarad said a "true, comprehensive investigation of the operation and the allegations of war crimes by Israel and the IDF, could have prevented any international proceedings". The Jerusalem Post said: "Israel called the Goldstone Commission Report 'nauseating' on Tuesday, saying it created an unjust 'equivalence of a democratic state with a terror organisation' and lacked the context of a decade of terrorist attacks by Hamas." On Wednesday, Haaretz reported that the Jewish state has launched an international campaign to counteract the impact of the UN report. "Israel began fighting the diplomatic battle yesterday to prevent the Goldstone Commission report on Israel's Cast Lead Operation in the Gaza Strip from being brought before the United Nations Security Council and from there to the International Criminal Court in The Hague, where charges could be brought against Israeli officials involved in the military campaign. The report, compiled by a commission headed by former war crimes prosecutor Richard Goldstone, accuses both Israel and the Palestinians of actions amounting to war crimes during the December 27 to January 18 battle in the Hamas-ruled Gaza Strip. "Last night a team lead by Foreign Ministry legal advisor Ehud Keinan, and which included representatives from the Justice Ministry and the military prosecutor's office, delivered a preliminary analysis of the Goldstone Commission report to Prime Minister Benjamin Netanyahu and Foreign Minister Avidgor Lieberman. Netanyahu also held consultations last night on the commission's findings. 'The goal is to avoid a slippery slope which would lead Israel to the International Criminal Court in The Hague,' a senior Israeli staffer said. "On the day after Yom Kippur, the UN Human Rights Council, which appointed Goldstone, will be convening in Geneva for a special session on the report. Foreign Ministry sources said yesterday that they expect Arab states will begin to prepare a draft resolution which will call for the report to be transferred to the UN Security Council. In a worst-case scenario, the Security Council could decide to transfer the matter to the International Criminal Court. Under such circumstances, the ICC could issue international arrest warrants for senior Israeli officials who were involved in Cast Lead." In The Guardian, Antony Lerman commented on attacks against human rights groups, such as Human Rights Watch, that have become increasingly vociforous in recent weeks. "By declaring the reports of human rights agencies biased, the attack dogs are reinforcing the damage Israel is doing to itself. They put Israel in the company of serial human rights abusers that make the same complaint. And by refusing to respond to letters from HRW, denying the Goldstone mission entry to Israel, rubbishing testimony from Gazans unless it supports Israel's version of the offensive, and allowing the army to investigate itself, Israel merely shows it cannot even tolerate reasonable criticism. This is a sign of weakness, not strength. "Goldstone, meanwhile, has attracted extra venom from some who label him a traitorous Jew. Would they say the same about another Jew, René Cassin, one of the prime drafters of the 1948 Universal Declaration of Human Rights? Cassin was deeply influenced by the Holocaust, and the universal declaration was drawn up in direct response to it. It contains the bedrock principles upon which today's human rights agencies base their work. Judge Goldstone is heir to Cassin's legacy. "For NGO Watch, Netanyahu and others attempting to discredit human rights agencies, Palestinian and Israeli human rights are in conflict. For Cassin, human rights were about morality; respect for the inherent dignity of all men and women. His vision, promoted by human rights bodies, offers hope for human progress. We owe it to Palestinian and Israeli alike to listen to Judge Goldstone with open minds - he might just bring us closer to the truth of what happened to human dignity in Gaza in January 2009."
pwoodward@thenational.ae