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ISRAEL, THE U.S., AND GOLDSTONE

Open Letter to Richard Goldstone
TREVOR NORWITZ

... 1 had hoped that, even though your Mission was the product of a manifestly biased institution and process (as you have acknowledged), you would make something good come out of it, including by sending an unequivocal message that humanity's vitally important global institutions and the force of international law cannot be cynically manipulated for political purposes. Sadly, your Report does just the opposite: it compounds the original sin of your Mission' s establishment; it manipulates law and fact for political purposes; and it is likely to encourage the worst of human behavior and set back the quest for peace in the Middle
Eas!....

Acknowledge that the type of scrutiny and standards you are applying against Israel have never been applied against any country in a comparable situation. Acknowledge that, based on the standards by which you are judging Israel, many other countries would also have been found guilty of war crimes .... Admit and explain that your determinations were made on the basis of one-sided evidence that. .. was tainted by duress. Acknowledge that there are many credible allegations of actions taken by ... Palestinian anned groups that, if true, would constitute war crimes but which you did not investigate. Acknowledge that your Report was
unbalanced' in 'teIrms of the allocation of focus on Israel, the incidents it chose to investigate, the selective historical context it included, and the language it used.... Explain, as you have already said orally, that much of the evidence you considered (including hearsay and anonymous reports) would not be admissible in a court and that your conclusions do not reflect anything that has been proved.

Acknowledge that a central pillar of your argument was that Hamas should be considered separately from its military wing, and if that distinction does not hold up in fact, many of your allegations of war crimes and other violations would cease to apply. Acknowledge that a central pillar of your argument is that Israel continues to "occupy" Gaza ....

Acknowledge that Israel is not alone responsible for the casualties and damage resulting from Operation Cast Lead but that some substantial portion of the responsibility (parties may differ on the allocation) must go to Hamas and the other Palestinian armed groups that attacked Israel with missiles. Acknowledge that Israel has a right to act in self-defense and an obligation to defend its citizens and is not required or expected to suffer missiles being launched at it from Gaza or across any other border. Acknowledge that the refusal by Hamas and other entities and states to recognize and accept the State of Israel is inconsistent with the Charter of the United Nations and a major impediment to peace in the region. Demand (not just "recommend as a
humanitarian gesture") the release of Gilad Shalit, who is not just being held captive illegally but who was
taken captive illegally.

In writing this letter to you, I am by no means suggesting that Israel is perfect or should be immune from criticism or even condemnation, when appropriate. It is entirely possible that individual Israeli soldiers or the IDF as a whole may have overstepped the bounds during Operation Cast Lead, including perhaps in some of the incidents that you have looked at. As noted in your Report, there are stiII many investigations, including some criminal cases, open in Israel regarding Operation Cast Lead, and if any credible allegations you have raised are not already being investigated, I sincerely hope they will be added. In any such cases, 1 hope and trust that the Israeli authorities will take all appropriate action so that the "purity of arms" on which the IDF has always rightfully prided itself will not be compromised.

But for all the reasons I have described above, your Report as written is an abominable travesty of justice. The damage that you and your Report have already done-to Israel, to the Jewish people, and to truth itself-can never be undone. But it can be mitigated if you are willing to admit the flaws in your Report loudly and clearly.

Sincerely,
Trevor Norwitz
New York, New York

(Trevor Norwitz, born in South Africa, teaches at Columbia University
Law School. Commentary, October 19, 2009)

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