The Goldstone Report

The Goldstone Report is one of the most controversial UN reports ever published. It alleges that both Israel and Hamas committed atrocities when Israel invaded Gaza in January 2009 as a part of Operation Cast Lead. Justice Richard Goldstone, a celebrated South African and Jewish human rights lawyer, oversaw the UN fact-finding mission after the invasion. What Goldstone found, and later published, caused a maelstrom within Israel and the international community at large. Goldstone was demonized by many who claimed bias, intimating the report unfairly vilified Israel. Though the findings are of enormous historical, political and moral significance, few have actually read the document in its entirety—thus the furious political debate that mushroomed in the wake of its publication has supplanted any true understanding of the report’s discoveries. The Goldstone Report: The Landmark Investigation of the Gaza Conflict of 2008-2009 will change this. Edited by three progressive American Jews, Adam Horowitz, Lizzy Ratner and Philip Weiss, The Goldstone Report is an edited and annotated edition of the report that contains analysis, original essays and a context for the debate.

The 'Goldstone Report' of September 2009 started a critical debate at the international level. The Report raised serious allegations of grave violations of international law with regard to the Israeli attack on Gaza of 27 December 2008 - 18 January 2009, amounting to possible war crimes and crimes against humanity. The UN General Assembly and the Human Rights Council, amidst high political pressure, endorsed the Report’s recommendations, calling for prompt and proper investigations to ensure accountability and justice for the victims. Given the lack of proper investigations at the national level, international justice mechanisms are now needed. Indeed, the ICC opened a preliminary examination of the situation but difficulties arose because of the uncertain status of the occupied Palestinian territory. The issue of the existence of a State of Palestine is extremely actual and still unsolved at the UN level. With a foreword by prof. William Schabas, the book collects contributions by renowned international law professors as Eric David, John Dugard, Richard Falk and many other distinguished scholars and lawyers, and brings together for the first time essential documentation on the 'Gaza conflict'. The underlying question, whether there is a court for Gaza, can be seen as a test case for international justice, and shed a light on the role of international institutions in the difficult combination of law and politics that connotes international justice. Useful for all those interested in the Israeli-Palestinian conflict, such as international and criminal law scholars, and human rights and humanitarian organizations.

In the spring of 2009, South African judge Richard Goldstone set out on a mission to the Gaza Strip on assignment from the United Nations Human Rights Council to investigate possible war crimes committed by both Israel and Hamas during Operation Cast Lead, Israel's invasion of Gaza a few months earlier. Many other reports on the Israel-Palestinian conflict had come and gone, but the account Goldstone's mission produced later that year was different - it became the report heard round the world. Formally known as The United Nations Fact-Finding Mission on the Gaza Conflict, the report is one of the most controversial and historic documents published in the century-long conflict in Israel and Palestine. Alternating between clinical analysis and contained bursts of moral outrage, it offers a devastating catalogue of the events of Operation Cast Lead capped by a stark conclusion: that both Israeli and Hamas forces committed war crimes and possible crimes against humanity during the twenty-two-day conflict. For the first time, a U.N. report accused the Palestinian side of grave breaches of international law, but it was the mission's emphasis on Israeli atrocities - in particular its conclusion that Israel had engaged in a deliberately disproportionate attack designed to punish, humiliate, and terrorize a civilian population - that made it a political bombshell. This new volume is an edited version of the original along with essays from a wide range of leading experts, activists, and journalists. They include Archbishop Desmond Tutu; human rights activist Raji Sourani; legal expert Jules Lobel; Israeli philosopher Moshe Halbertal; historians Rashid Khalidi and Jerome Slater; congressman Brian Baird; policy analyst Henry Siegman; authors Ali Abunimah, Naomi Klein, and Letty Cottin Pogrebin; and journalists Noam Sheizaf and Leila El-Haddad. The Goldstone Report is a corrective to the relentless attacks the original received and a strenuous and informed effort to put that report in its proper context.

"Israel has been the subject of numerous controversial U.N. inquiries related to armed conflict and responses to terror attacks. But, the scope and impact of the Report of the United Nations Fact-Finding Mission on the Gaza Conflict, known as the Goldstone Report, were particularly extreme. Produced under the politicized U.N. Human Rights Council, the fact-finding reflected in the Goldstone Report has been shown to be largely inaccurate. Similarly, international legal claims were distorted in a manner that maximized allegations of Israeli violations, while minimizing Hamas war crimes during the December 2008 - January 2009 Gaza War. Applying a number of academic approaches, the contributors to this book systematically address the flaws of the report and examine its far-reaching consequences. As demonstrated, the Goldstone Report sets a highly flawed example for other investigations of armed conflicts and international justice. Its methodological deficiencies, double standards, misleading interpretations of law, and unsupported conclusions are antithetical to the universal principles of human rights, including the right to self-defense."--Publisher.

In June 2009, Richard Goldstone was a global hero, honored by the MacArthur Foundation for its prize in international justice. Four months later, he was called a “quisling” and compared to some of the worst traitors in human history. Why? Because this champion of human rights and international law chose to apply his commitments to fairness and truth to his own community. The Trials of Richard Goldstone tells the story of this extraordinary individual and the price he paid for his convictions. It describes how Goldstone, working as a judge in apartheid South Africa, helped to undermine this unjust system and later, at Nelson Mandela’s request, led a commission that investigated cases of racial violence and intimidation. It also considers the international renown he received as the chief United Nations prosecutor for war crimes committed in Rwanda and the former Yugoslavia, the first tribunals to try political and military leaders on charges of genocide. Finally, it explores how Goldstone became a controversial figure in the wake of the Jewish jurist’s powerful, but flawed, investigation of Israel for alleged war crimes in Gaza. Richard Goldstone’s dramatic life story reveals that even in a world rife with prejudice, nationalism, and contempt for human rights, one courageous man can advance the cause of justice.

"Gaza is among the most densely populated places in the world. Two-thirds of its inhabitants are refugees, and more than half the population is under eighteen years of age. Since Israel occupied Gaza in 1967, it has systematically de-developed the economy. After Hamas won democratic elections in 2006, Israel intensified its blockade of Gaza, and after Hamas consolidated its control of the territory in 2007, Israel tightened its illegal siege another notch. In the meantime, Israel has launched no less than eight military operations against Gaza--culminating in Operation Cast Lead in 2008-9 and Operation Protective Edge in 2014--that left behind over three million tons of rubble. Recent UN reports predict that Gaza will be unlivable by 2020. Norman G. Finkelstein presents a meticulously researched and devastating inquest into Israel's actions of the last decade. He argues that although Israel justified its blockade and violent assaults in the name of self-defense, in fact these actions were cynical exercises of brutal power against an essentially defenseless civilian population. Based on hundreds of human rights reports, the book scrutinizes multifarious violations of international law Israel committed both during its operations and in the course of its decade-long siege of Gaza. It is a monument to Gaza's martyrs and a scorching accusation against their tormentors"--Provided by publisher.

In the past five years Israel has mounted three major assaults on the 1.8 million Palestinians trapped behind its blockade of the Gaza Strip. Taken together, Operation Cast Lead (2008-9), Operation Pillar of Defense (2012), and Operation Protective Edge (2014), have resulted in the deaths of some 3,700 Palestinians. Meanwhile, a total of 90 Israelis were killed in the invasions. On the face of it, this succession of vastly disproportionate attacks has often seemed frenzied and pathological. Senior Israeli politicians have not discouraged such perceptions, indeed they have actively encouraged them. After the 2008-9 assault Israel’s then-foreign minister, Tzipi Livni, boasted, “Israel demonstrated real hooliganism during the course of the recent operation, which I demanded.” However, as Norman G. Finkelstein sets out in this concise, paradigm-shifting new book, a closer examination of Israel’s motives reveals a state whose repeated recourse to savage war is far from irrational. Rather, Israel’s attacks have been designed to sabotage the possibility of a compromise peace with the Palestinians, even on terms that are favorable to it. Looking also at machinations around the 2009 UN sponsored Goldstone report and Turkey’s forlorn attempt to seek redress in the UN for the killing of its citizens in the 2010 attack on the Gaza freedom flotilla, Finkelstein documents how Israel has repeatedly eluded accountability for what are now widely recognized as war crimes. Further, he shows that, though neither side can claim clear victory in these conflicts, the ensuing stalemate remains much more tolerable for Israelis than for the beleaguered citizens of Gaza. A strategy of mass non-violent protest might, he contends, hold more promise for a Palestinian victory than military resistance, however brave.