Monday, February 13, 2012


Commentary

Who Is Richard Goldstone?

Richard Goldstone (right) walks with Hamas deputy Ahmed Bahr (left) and members of his delegation as they visit the Palestinian parliament building that was destroyed during Israel's December-January offensive in Gaza City.
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By R. W. Johnson
The UN Human Rights Council has endorsed Judge Richard Goldstone's controversial report accusing both Israel and Hamas of war crimes during the 2008-09 conflict in the Gaza Strip. The council has asked the UN Security Council to refer the report's conclusions to the International Criminal Court if the two sides fail to conduct their own investigations.

Goldstone's report has been dismissed as hopelessly one-sided not only by the Israelis but by many neutral observers, with both the European Union and United States dissenting both on its substance and its suggestion that alleged Israeli war crimes should be judged not by Israeli courts but by the International Criminal Court.

Even many Jews outside Israel are asking how Goldstone, himself a Jew, could lend himself to such an obviously biased mission mandated by a Human Rights Council that is itself full of human rights violators as well as habitual Israel-haters. Both Martti Ahtisaari and Mary Robinson turned down the mission for that reason, after all.

Goldstone's behavior will not surprise those who have followed his career. As a young advocate in South Africa he drew criticism for the way he privately entertained the attorneys who might bring him cases: this was seen as touting for custom. Similarly, his decision to accept nomination as a judge from the apartheid regime drew criticism from many liberal lawyers who refused to accept such nomination because it meant enforcing apartheid laws.

ANC's Favorite Judge

Then, as the political situation changed, so did Goldstone. Entrusted by President F. W. de Klerk with a commission to investigate the causes of violence, Goldstone publicized much damning evidence against the apartheid regime but refused to investigate any form of violence organized by the African National Congress (ANC). This naturally made him the ANC's favorite judge.

Moreover, Goldstone, issued a dramatic press statement suggesting that the military were involved in illegal partisan behavior. De Klerk had to dismiss 23 senior military figures, though the evidence for their guilt promised by Goldstone was never actually forthcoming. The officers sued De Klerk, who had to back down and apologize.

De Klerk was furious at Goldstone's sensational use of untested evidence and, knowing that Goldstone was ambitious to succeed Boutros-Boutros Ghali as UN secretary-general, referred to him as "Richard-Richard Goldstone."

Then, to the ANC's delight, just weeks before the 1994 election Goldstone made dramatic allegations of illegal and partisan behavior against three police generals, effectively ending their careers. Yet Goldstone had made no attempt to put these allegations to the men concerned, nor allowed them to defend themselves or test the accusations through cross-examination.

Goldstone justified publicizing these untested allegations by saying it was important to give them publicity before the election. The ANC couldn't have agreed more strongly: when they won, Goldstone was given a seat on the Constitutional Court.

Heedless of the fact that the doctrine of collective guilt has been the basis of anti-Semitic campaigns down the ages, Goldstone publicly urged all whites to apologize for their collective guilt and advised younger South Africans that they must not expect top jobs because of "the sins of the fathers."

The effect of these high profile actions was to give Goldstone international fame as an icon of political correctness. Hence his appointment as prosecutor for the International Criminal Tribunal for the former Yugoslavia (ICTY).

Cutting Corners In The Hague

At the ICTY, Goldstone was a man in a hurry. "They told me at the UN in New York: if we did not have an indictment out by November 1994 we wouldn't get money that year for 1995," Goldstone admitted. "There was only one person against whom we had evidence.... He wasn't an appropriate first person to indict.... But if we didn't do it we would not have got the budget."

Indeed, it was so inappropriate that the judges in The Hague passed a motion severely censuring Goldstone. After only a year in office, Goldstone offered his job to the Canadian jurist, Louise Arbour.

Meanwhile, Goldstone hurried to secure prosecutions. Seizing upon the illegal detention and kidnapping of General Djordje Djukic and Colonel Aleksa Krsmanovic by Muslims in Sarajevo. Goldstone immediately suggested that there were grounds for a prosecution and the men were flown to The Hague, thus breaking the rules of procedure of the ICTY, for he failed even to ask the High Court in Belgrade, which had already instituted proceedings against the two men, for a deferral of competence to the ICTY.

Realizing that he had acted illegally, Goldstone quickly changed the status of his prisoners from accused to witnesses. He then broke the rules again by indicting Djukic and thereafter suggested that the two men testify against their accomplices or face the alternative of being handed back to the Muslim authorities, who would doubtless torture them. This was indeed Krsmanovic's fate but Djukic was dying of cancer and Goldstone ultimately withdrew his indictment against him.

The NATO force's spokesman, Andrew Cummings, condemned the arrest of the two men as irresponsible and damaging to the peace process. By the time Goldstone left the ICTY, only one confession had been recorded and one trial had been completed, that of Dusko Tadic, the smallest of small fry, an obscure cafe owner accused of abusing Bosnian refugees.

Throughout his career Goldstone has been criticized for cutting corners out of excessive ambition, but in the eyes of many Jews his Gaza commission has set a new low. That a Jewish judge, barred from entering Israel for accepting a commission deliberately biased against the state, should write a report based largely on interviews with Hamas activists in order to pander to anti-Zionist opinion has meant, for many, that he has simply stepped outside the pale.

R.W. Johnson is a South African journalist and historian and the author, most recently, of "South Africa's Brave New World: The Beloved Country Since The End Of Apartheid." The views expressed in this commentary are the author's own and do not necessarily reflect those of RFE/RL
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by: Ivo
October 20, 2009 17:02
Interesting... the author isn't attacking the report and whatever's in it but the person Goldstone.

>"Goldstone's report has been dismissed as hopelessly one-sided not only by the Israelis but by many neutral observers, with both the European Union (...)"

Says the author. Yet, Belgium, Japan, Mexico, Norway, South Korea, Slovenia and Uruguay abstained during the vote on the report and the UK and France decided not to vote at all.

>Even many Jews outside Israel are asking how Goldstone, himself a Jew, could lend himself to such (...)

But it's always about hating or loving Jews, mr. Johnson. Shunning every critical voice over Israel's actions by branding it anti-Semitism (meaning anti-Jewish, since the Arabs have a more to do with Semitism than any Jew) will not work for ever.

>"That a Jewish judge, barred from entering Israel for accepting a commission deliberately biased against the state, should write a report based largely on interviews with Hamas activists in order to pander to anti-Zionist opinion (...)"

Again the author takes it personality level, Jewish or non-Jewish this is irrelevant here.
I have to admit I don't know much about the report and its main sources but if anybody's curious he can read testimonies by Israelis soldiers who were part of the conflict here: http://news.bbc.co.uk/2/hi/middle_east/8151611.stm

by: Ivo
October 20, 2009 17:04
"But it's NOT always about hating or loving Jews, mr. Johnson." is what I meant in my first comment.

by: Raymond in DC from: Washington, DC USA
October 22, 2009 09:47
This is not an ad hominem attack on the Goldstone report. But since he has made so much of his background to provide a gloss of respectability and professionalism to his report, a look at that background is entirely appropriate. Indeed, a closer examination of his commission's final product shows just how shoddy and unprofessional it is. We now better understand why.

by: Nicole from: South Africa
October 22, 2009 16:34
This is classic RW Johnson: rubbishing of democratic South Africa and prominent South Africans who have contributed to its democracy. It bears all his hallmarks: a distortion of the facts and a sneering, personal animus towards his subject.

Johnson's ignorance of his subject is obvious: for instance, he writes that by the time Goldstone "left the ICTY, only one confession had been recorded and one trial had been completed" -- as an indication of Goldstone cutting corners and of his excessive ambition. He fails to mention that Goldstone was appointed prosecutor for both the ICTY and the Rwanda Tribunal, positions he assumed when neither institution had yet been fully established and for which there existed no precedents.At the end of his always- agreed upon tenure, Goldstone departed the office having issued some of the most significant indictments -- representing untold hours research, investigation and preparation -- of each tribunal, including those for Ratko Mladic and Radovan Karadzic.

I could go on. But no matter how resoundingly Johnson is shown-up, no matter how unimpeachable the source -- witness the response to his impugning of Mandela in the London Review of Books, 20 September 2007 -- Johnson refuses to be deterred in his distortions. The real wonder is why any credible publication continues to publish his bile.

by: Michael from: Ohio
October 26, 2009 22:07
It does sound like Mr. Goldstone is overly ambitious and overly political.

by: ex-soviet
October 27, 2009 04:09
Indeed, it is very telling that the story seeks to crush Goldstone's credibility and fails to say anything about the report. This is the case when opponent have no arguments to counter the factual analysis. Very shallow story, reminiscent of Soviet practices and designed for stereotyped minds, where we see problem in people. Quoting Josef Stalin "[if there be] no person - [then there is] no problem".

by: David from South Africa from: USA
October 27, 2009 17:18
This is not an ad hominem attack on Goldstone. Johnson is at pains to make his case and gives evidence to suggest that Goldstone is driven by ambition and that ambition skews his objectivity. I believe he makes quite a good case for his point of view. His objection to the Goldstone report is not an isolated one, and adds to the discomfort many around the world feel about its one-sided, squinted view of a very complicated mess. Goldstone's stregth may very well be his ability to see which ws the wind is blowing and trim his sails to get the best advantage of the winds. Right now the diseased UN is at its most unattractive thug-loving, Israel-hating worst. If Goldstone has ambitions of higher positions in the UN, which it seems he has, then Johnson's case makes a lot of sense.

by: L. King from: Toronto
October 27, 2009 17:59
Now that the charges have been made I think its important to continue the discussion. Whether true or not these allegations should serve as a guideline to an investigation over the judicial competence of Judge Goldstone.

His own standards would demand nothing less.
               
 
 
 
 
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