Why Did Richard Goldstone Offer a Pseudo-Retraction of the Goldstone Report?
Continued from previous page
His claim that Israeli investigations “also indicate that civilians were not intentionally targeted as a matter of policy,” does not contradict his early report, which never suggested that. The My Lai massacre, for example, was no less a war crime because the Pentagon did not directly order it.
His most wrenching default is when he says “the most serious attack the Goldstone Report focused on was the killing of some 29 members of the al-Simouni family in their home. The shelling of the home was apparently(my italics) the consequence of an Israeli commander's erroneous interpretation of a drone image, and an Israeli officer is under investigation for having ordered the attack. While the length of this investigation is frustrating, it appears that an appropriate process is underway, and I am confident that if the officer is found to have been negligent, Israel will respond accordingly.”
Looking at the abysmal track record of Israeli investigations -- and bearing in mind that it was the original Goldstone Report that brought about the apology for an investigation he refers to here, Judge Goldstone really has to explain to his own conscience on what grounds he is “confident” of an appropriate response, let alone how the finding of “negligence” came about.
Throughout, he is upsettingly equivocal. “While I welcome Israel’s investigations into allegations, I share the concerns reflected in the McGowan Davis report that few of Israel’s inquiries have been concluded and believe that the proceedings should have been held in a public forum. Although the Israeli evidence that has emerged since publication of our report doesn't negate the tragic loss of civilian life, I regret that our fact-finding mission did not have such evidence explaining the circumstances in which we said civilians in Gaza were targeted, because it probably would have influenced our findings about intentionality and war crimes.”
But then later he says “McGowan Davis has found that Israel has done this to a significant degree.” How significant is “significant” if after two years, “few of Israel’s inquiries have been concluded” and if the proceedings, conducted by the same military body that defends the military, are carried out in private?
In the face of that, his second thoughts about calling upon Hamas calling for its own inquiry are totally gratuitous. Surely he never expected them to. But they did let him and his colleagues in to investigate themselves, which Israel did not, and which, as he reiterates, refused to present evidence to his committee.
Even though it is unlikely that the UN bodies will drop the report, Goldstone’s pseudo-retraction has provided the opportunity for Israeli “Hasbara” to trumpet its misinterpretations. It does a disservice to international justice and humanitarian law and tries to accord to Israeli leaders the impunity which he had spent his career fighting, in South Africa, Rwanda, the Balkans and Central America.
It is a tragedy that such a career should end this way, generating as much sorrow as anger. Sorrow for the damage it has done to the universality of justice, and anger at the unscrupulous manipulation of familial and tribal loyalties that likely brought it about.
Ian Williams has written for newspapers and magazines around the world. He is currently writing a book on the Americans who blame the UN for all the US's ills.