The problem is that his conception of the Laws of War is flawed. There is no enforcement mechanism. Traditionally the laws of war were based on reciprocity. What you do to me, I am free to do to you. The Germans and Japanese launched wars of terror against allied civilians. They got it back. Had the Allies fought as Goldstone thinks wars should be fought he wouldn't be around, he or perhaps his parents would have been smoke. The general rule has been aggressor pays. On this basis Lebanon should have been laughed out of court after their attack on Israel provoked a greater response than they expected. Likewise Hamas launched a war of aggression from Gaza characterized by indiscriminate attacks on civilians. They established the precedent they ought to be made to live with the consequences. (And note: that was the elected government of Gaza. They voted for war, they go war. What's there problem?) Goldstone's problem is that he has confused war with a sporting event.
Japan arrests U.S. activist featured in award-winning documentary 'The Cove' (DPA)
from the article: Goldstone: Holocaust shaped view on war crimes