The Goldstone Report
Netanyahu, Barak face off over independent investigation
We've posted a copy of the IDF's preliminary response (pdf) to the Goldstone Report -- though I would suggest that you don't even bother reading it, honestly.
Much of the 52-page document outlines how the IDF investigates allegations of war crimes and other criminal activity. It's useful background -- but also not particularly relevant to the allegations in the Goldstone Report. The presence of a well-conceived judicial system does not guarantee justice. (Just ask O.J. Simpson.)
The second half of the report summarizes the progress of dozens of ongoing investigations, some initiated by the IDF, others by the Goldstone Report.
Associated Files
- IDF preliminary response to Goldstone Reportpdf, 1.3 MB
IDF-initiated investigations
The IDF conducted five special command investigations -- probes within the military chain of command -- into five classes of alleged war crimes. These investigations can lead to three outcomes: dismissal; disciplinary action; and a referral to prosecutors for a criminal investigation. None of them have so far led to that last outcome.
High numbers of civilian casualties. The IDF investigated 7 specific allegations: Four were dismissed, two are still ongoing; the last was remanded for a new investigation.
Deliberate targeting of U.N./international facilities. The IDF investigated 13 specific allegations; none were deemed worthy of criminal investigation, though two resulted in disciplinary action.
Attacks on medical personnel, facilities and vehicles. The IDF investigated 10 specific allegations; none merited criminal investigation.
Destruction of private property and infrastructure. The IDF didn't investigate any specific allegations, but rather general allegations. It found no basis for criminal investigation.
The use of white phosphorus. The IDF found it was consistent with international law.
The report cites several specific examples, many of which should be familiar if you followed our Blogging the Goldstone Report series. There's the bombing of the el-Bader flour mill, which the IDF concludes was a legitimate military target. The bombing of the Gaza sewage treatment plant, which sent more than 200,000 cubic meters of sewage spilling onto farmland, is also deemed unworthy of a criminal investigation. The attack on the Namar wells complex near the Jabaliyah refugee camp? You can probably guess the conclusion.
The Goldstone Report made 34 specific allegations of war crimes, according to the IDF. 22 of those were already under investigation; the IDF says it started to probe the other 12 after the report was released. 11 of the 34 are currently under criminal investigation; 7 were addressed by the special command investigations mentioned above; and the other 16 are undergoing separate command investigations.
A civilian probe?
Much of this document seems intended to convince an international audience that the IDF can investigate its own alleged crimes -- that it doesn't need a separate civilian investigation.
This is the subject of some controversy within Israel. Prime minister Benjamin Netanyahu apparently wants the government to launch its own probe; outgoing attorney general Menachem Mazuz agrees with him.
But the defense establishment, including defense minister Ehud Barak and army chief of staff Lt. Gen. Gabi Ashkenazi, think the IDF's investigation is enough. Kadima leader Tzipi Livni, who said yesterday that the Goldstone Report was "born in sin," also opposes an outside probe. (Livni didn't go quite as far as Alan Dershowitz, who called Goldstone a traitor to the Jewish people.)
Netanyahu, so far, seems unwilling to really press the issue, which would require bringing it before the cabinet for a vote.
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Categories: Human Rights, Israel, Israel & Palestine, Palestine, Regional News
Tags: Alan Dershowitz, Benjamin Netanyahu, Ehud Barak, Goldstone Report, Israeli Defense Forces, Kadima, Lt. Gen. Gabi Ashkenazi, Menachem Mazuz, Operation Cast Lead, Tzipi Livni, war crimes
2 Comments
Given that you've given a detailed review for each of the allegations (the flour mill, sewage treatment plant, and so on) I think it would be fair to expect to give a similar amount of detail to the IDF rebuttal, rather than saying "the IDF found it all dandy".
Obviously you'd expect a rebuttal from the IDF, but the same could be said on the Goldstone comission which relied exclusively on palestinian evidence, given under the watchful eye of Hamas militia. The commission wasn't exactly strong on cross-interrogating people on the presense of Hamas militants in the area.
Specifically, the Goldstone purported claim of an aerial attack on the mill is denied, and backed by photographic evidence. IDF says it was attacked by a single tank shell during combat (and gives a supposed reason for it). It also claims the area was indeed filled with Hamas operatives and mentions several specific events.
The purported claim of an aerial attack on the sewage plan is denied completely, and the photographic evidence provided show no evidence of an aerial attack.
The aerial attack claims are instrumental in the allegation that these incidents are part of a planned and guided destruction of civil property.
Oh yes, thats right, they are accepted terrorists, and so are not expected to have the same responsibility as Israel!
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