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Self-Regulation

The report calls for both Israel and Hamas to launch major investigations of their behavior during the hostilities, to counter what Goldstone referred to as the "culture of impunity" in the Middle East. Goldstone has repeatedly insisted both in the report and subsequently, that he considers Israel's mechanisms for self-regulation and self-investigation to be categorically inadequate.  Writes Dershowitz:

 

The lowest blow and the worst canard contained in this lie-laden report is that the Israeli judicial system is incapable of conducting investigations and bringing about compliance with international law.  This is a direct attack on the Israeli Supreme Court by a lawyer who knows full well that there is no country in the world that has a judicial system that demands more accountability than the Israeli system does. There is no judicial system in the world - not in the United States, not in Great Britain, not in South Africa, not in France - that takes more seriously its responsibility to bring its military into compliance with international law.

 

The long-term president of the Israeli Supreme Court, Professor Aharon Barak, opened the Supreme Court of Israel to all claims of law violation.  Cases that would be rejected by the courts of other nations have been pursued by the Israeli Supreme Court. This part of this infamous report has literally turned black to white and white to black. It has condemned the most responsive judicial system in the world, without even bothering to compare it to other systems. In doing so, they have made a mockery of international human rights and turned into a weapon that targets only Israel.

 

At the same time, Goldstone he has expressed a truly bizarre confidence in Hamas' willingness to investigate itself, with the help of the international community.

Well Hamas has courts open. There are courts in Gaza. People are convicted. Some people are, regrettably in my view, are sentenced to be executed. But if Hamas hasn’t got the sufficient resources, hasn’t got sufficient lawyers and judges, which I doubt, I’ve no doubt that the international community will fill any gap that there may be in such an absence of resources.

This presumes that Hamas considers "wrong" the things that Goldstone and the "human rights" community condemn and want investigated.  On the contrary, their courts execute people for collaboration and are proud of the culture of death and making their civilians human shields.

 

The distance between these expressions of confidence and lack thereof and the concrete differences between Israeli and Palestinian authorities constitute one of the most astonishing inversions of the Report.  Here we investigate the two sides in the conflict and assess the meaning of "cultures impunity" means to each of them.



Alan Dershowitz, Goldstone investigation undercuts human rights, JPost 17/9/09 Print E-mail
In his Jerusalem Post blog, a couple of days after the initial draft of the report was released, Alan Dershowitz launched a fiery attack on Goldstone at his blog, "Double Standard Watch." Among the key issues he addressed was the stunning disregard for Israel's exceptionally independent and deeply involved judiciary in monitoring Israeli military behavior by the most stringent standards.

Thursday Sep 17, 2009

Double Standard Watch: Goldstone investigation undercuts human rights

Posted by Alan M. Dershowitz
Comments: 11
Richard Goldstone - the primary author of a one-sided United Nations attack on Israeli actions during the Gaza war - has now become a full-fledged member of the international bash-Israel chorus. His name will forever be linked in infamy with such distorters of history and truth as Noam Chomsky, Norman Finkelstein and Jimmy Carter. The so-called report commissioned by the notorious United Nations Human Rights Council and issued under his name is so filled with lies, distortions and blood libels that it could have been drafted by Hamas extremists. Wait - in effect, it was!
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