UN must act on Goldstone's report

The recently released Report of the United Nations Fact Finding Mission on the Gaza Conflict is unequivocal in its condemnation of Israel.

Led by Justice Richard J. Goldstone - a South African judge who served as Chief Prosecutor for the UN's Rwanda and former Yugoslavia international criminal tribunals - the report pulls no punches.

Israeli officials are incensed by its conclusions variously calling it flawed, unfair, biased or part of a deliberate plot to cast a slur on Israel's international image. Israel's champions are even attempting to discredit Justice Goldstone as being either anti-Semitic or a 'self-hating Jew', conveniently forgetting that he has long been a self-ascribed Israel supporter.

Touting the anti-Semitic canard is the usual response to Israel's critics but in this particular case, the 'poor victimised Israel' chorus just can't make the mud stick.

In fact, Israelis have absolutely no right to complain because, according to the report, the Israeli government refused to cooperate with the UN investigation mission. It also prevented the team from meeting Israeli government and Palestinian National Authority officials or entering Gaza from its territory.

Despite Israel's deliberate attempts to scupper the UN investigation, Goldstone's team succeeded in entering the Gaza Strip via Egypt. There, it conducted 188 individual interviews and reviewed more than 300 reports and submissions, amounting to more than 10,000 pages, more than 30 videos and 1,200 photographs.

The report's conclusions have pulled the rug from Israel's propaganda machine and suggest that Israel could be subject to the principle of Universal Jurisdiction, whereby states can try non-citizens for crimes, such as genocide, war crimes and crimes against humanity, committed abroad.

It also "considers that the serious violations of International Humanitarian Law recounted in this report fall within the subject-matter jurisdiction of the International Criminal Court (ICC) and asks that the report be put before the UN Security Council for onward referral to the International Criminal Court in The Hague. What are these alleged crimes?

Firstly, the mission found that the Palestinian policemen killed by Israel on December 27, 2008 had civilian immunity and, therefore, the attack violated international humanitarian law.

Secondly, the numerous attacks launched by Israel on buildings "constituted deliberate attacks on civilian objects in violation of customary international humanitarian law" as they were "not justified by military necessity" and were "carried out unlawfully and wantonly."

Thirdly, the mission characterised as violations of international law the shelling with high explosive and white phosphorous munitions of the UNRWA compound that offered shelter to between 600 and 700 civilians, as well as strikes on Al Quds and Al Wafa hospitals.

Fourthly, the report describes Israel's mortar shell attacks on civilians, who were either sheltering or going about their business, as being indiscriminate and, therefore, violating international law. These attacks were aggravated by the refusal of the Israeli military to allow the evacuation of the wounded or to permit access to ambulances.

It concludes that "the conduct of the Israeli armed forces constitute grave breaches of the Fourth Geneva Convention in respect of willful killings and willfully causing great suffering to protected persons, and, as such, give rise to individual criminal responsibility."

The investigators also accused Israel's forces of violating international law by being "systematically reckless" in their use of white phosphorous and flechette missiles in built-up areas, and of using Palestinian civilians as human shields. Incidents involving Israel's "destruction of industrial infrastructure, food production, water installations, sewage treatment and housing "may constitute a war crime," the report says.

Although the report takes Hamas to task for indiscriminate rocket attacks on Israel, it does uphold an occupied people's right of resistance. It also notes that Israel's hitherto immunity from international accountability has prevented Palestinians from receiving due compensation.

Lastly, Goldstone's report blasts Israel for depriving the people of Gaza of their means of sustenance, employment, housing, water, freedom of movement and right to leave and enter their own country, which "might justify a competent court finding that crimes against humanity have been committed."

Violations of international law and the Geneva Conventions, war crimes and crimes against humanity: Plenty of meat there for international lawyers. You might think that a respected international body such as the UN would willingly accept the advice of its own investigators and refer Israel to the ICC. But don't hold your breath! Israel's UNSC veto-wielding buddy the US is already making uncomfortable noises.

America's Ambassador to the United Nations Susan Rice says her country has "serious concerns" about the report's recommendations.

So there you have it! America's veto will be flourished in Israel's favour as sure as eggs are eggs. And, in this case, there is a 'people in glass houses' factor. Almost everything that Israel has been accused of doing has been done by the US in Iraq and Afghanistan.

Sad to say, but unless one of the countries that holds to the concept of Universal Jurisdiction - such as Belgium, Spain, Canada or the UK - is prepared to go out on a limb, then Goldstone's report is destined to gather dust along with the international laws and conventions it cites. The only law recognised by Israel and its friends is the law of the jungle.