• Published 20:59 29.01.10
  • Latest update 15:24 07.02.10

Israel slams Goldstone 'misrepresentations' of internal probes into Gaza war

In written rebuttal to Goldstone report, Israel says it is committed 'to investigating every allegation of violations.'

By Barak Ravid DPA Tags: Goldstone report Hamas Israel news IDF

Israel hit back Friday at claims by a UN report on its Gaza offensive last winter, charging in a written response submitted to UN chief Ban Ki-moon that the so-called Goldstone report was inaccurate, as Israel had abided by rules of war in investigating claims of war crimes.

Israel launched Operation Cast Lead in late December 2008, following heavy rocket fire from Gaza on its southern communities. The UN Human Rights Council commission of inquiry into the three-week offensive was headed by retired South African justice Richard Goldstone.

The Goldstone report charged both Israel and Hamas with war crimes, as well as acts that amounted to crimes against humanity. The UN report found that the conflict was dominated by Israel's military superiority, had killed 1,400 Palestinians and caused widespread damage to properties in Gaza.

But in a 46-page document entitled "Gaza Operation Investigations: Update," Israel emphasized Friday its commitment to "full compliance with the Law of Armed Conflict, and to investigating every allegation of violations, irrespective of the source of the allegation." Click here to view the Israeli response.

Israel describes its report issued Friday as a follow-on to a paper released in July 2009, entitled "The Operation in Gaza: Factual and Legal Aspects." The initial document, Israel says, "addressed a range of factual and legal issues related to the Gaza Operation, including the thousands of missile attacks that necessitated the Operation, and the deliberate Hamas entrenchment in civilian areas which made combat so complex and challenging."

Israel also said Friday that the latest document "is not intended as a comprehensive rebuttal of the Human Rights Council Fact-Finding Report or a catalogue of the Report's flaws. The Paper does, however, note some of the Report's inaccuracies and misrepresentations of Israel's investigative system."

Defense Minister Ehud Barak repeated Israeli criticism of the Goldstone report Friday. In his confirmation that the response had been submitted to the UN, Barak said that the UN document was "false, distorted, and irresponsible."

The human rights council had urged the UN General Assembly to debate the Goldstone report and then refer the alleged crimes to the International Criminal Court at The Hague. That proposal has so far been not been acted upon.

Instead, the General Assembly asked for its own report based on submissions from both sides - following another recommendation from the 547-page Goldstone report that both Israel and Hamas conduct their own investigations.

In the report that Israel handed to the UN on Friday, it emphasized that its system of investigating alleged war crimes is comparable to the systems adopted by other democratic nations.

"To date," the Israeli report states, "the IDF has launched investigations into 150 separate incidents arising from the Gaza Operation. Of the 150 incidents, so far 36 have been referred for criminal investigation. Criminal investigators have taken statements from almost 100 Palestinian complainants and witnesses, along with approximately 500 IDF soldiers and commanders."

Hamas has also rejected claims that it committed war crimes, saying Thursday that it had not deliberately targeted Israeli civilians with the rocket fire from Gaza.

UN investigator Judge Richard Goldstone.

Photo by: (AP)
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    This story is by: Barak Ravid DPA
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  • 40. 0 0
    #36 Jozef
    • Ron
    • 31.01.10
    • 23:00

    It may be wishful thinking for much of the world, but it is stark reality for international Jewry. The world is sick and tired of Israeli violations of international laws. Are you unaware of the Spanish academic boycott of Ariel University. You must realize that numerous campaigns are developing around the world to protest the Israeli 42 year occupation of Palestinian territory, and against the building of settlements in the West Bank and the annexation of Jerusalem. All these activities are violations of international law, UN resolutions, and the 4th Geneva Convention, and thus war crimes. These protests, the UK trade unions boycott of Israeli goods,Turkish rejection of IAF in military exercise, the International Federation of Israeli Journalists dismissal by the International Federation of Journalists, , French Trade Union Solidaires Industries mounting Israeli boycott, divestment and sanctions campaigns, etc., are protests against policies of the State of Israel: not anti-semitism

  • 39. 0 0
    with israel's long history of misrepresentations, it has no room
    • eric
    • 31.01.10
    • 06:18

    to slam any... much less those that it misrepresents as such.

  • 38. 0 0
    #3 right, s. michael, you're absolutely right...
    • eric
    • 31.01.10
    • 05:57

    and you and israel would be saying the exact same thing if the Maker Himself had written the report on gaza.

  • 37. 0 0
    Hamas investigation
    • Sherlock Holmes
    • 31.01.10
    • 04:00

    If the rest of the world recognises Hamas as a terrorist organisation that overthrew Pres Abbas and killed Fatah leaders in Gaza, how could Judge Goldstone expect Hamas to investigate its missiles fired into Israel? Would he ask Bin Laden to investigate 9/11?

  • 36. 0 0
    Loraine,30
    • Jozef
    • 30.01.10
    • 18:10

    I really admire your strong wishful thinking.

  • 35. 0 0
    #34 Chris Linthwaite "Tony Blair is being investigated "
    • H
    • 30.01.10
    • 13:22

    Yeh Chris. Amazing scenes outside, all 150 protestors spoken at by cuddly wuddley Gorgeous George still sporting a great tan. Blair isn't going anywhere, it's a formality so who are you trying to kid?

  • 34. 0 0
    #31 Stephen
    • Chris Linthwaite
    • 30.01.10
    • 12:12

    You answer your own question Tony Blair is been investigated by an Independent committee.

  • 33. 0 0
    #28 SDT blames the Palestinian people
    • Chris Linthwaite
    • 30.01.10
    • 12:10

    who were killed in their beds by an Israeli bomb dropped from an Israeli plane, on the instruction of israeli politicians. One of those killed that day was a one week old baby a well known rocketeer with hundreds of attacks to her name. SDT will be telling us the moon is made of cheese next. Or it was necessary to kill the children because they would avenge the deaths of their parents. Heard that somewhere else.

  • 32. 0 0
    The Goldstone Report calls for a separate Judicial
    • Chris Linthwaite
    • 30.01.10
    • 12:03

    investigation into Barak and Livni's election campaign, code named Operation Cast Lead. Whinging will not change that section of the Reort. The Military cannot investigate the military. It is not how democracy works.

  • 31. 0 0
    Meanwhile the US is blasting civilian targets.
    • Stephen.
    • 30.01.10
    • 09:32

    We really live in a strange world. Not a day passes without US drones killing civilians. May it be in Pakistan or Afghanistan. Not to forget the million or so Iraqis. Mr.Blair is now under scrutiny. I wonder whether Mr.G.W.Bush will follow. Or is Israel the victim.? Of course, nobody agrees with Hamas. Then again, Iran's regime is pushing for all out war by way of Hamas and Hezbollah. It appears that Operation Cast Lead was just a short lesson, for I dread what will be the follow up. Good day.

  • 30. 0 0
    Goldstone Report
    • Loraine
    • 30.01.10
    • 09:31

    Israel is losing the respect of the world.

  • 29. 0 0
    Silly neil in Auckland
    • SDHD
    • 30.01.10
    • 07:46

    "- a breach 5 metres deep and 22 metres wide (that would take a lot of explosive carried in by Hamas - yeah right)" You think Hamas lacks explosives? "- clearly visible markings on the pipe had been made by tanks (not sure if Hamas had tanks in Jan 2009)" Were the markings made before or AFTER Hamas breached the retaining wall?

  • 28. 0 0
    Not so EZ, Neil
    • SDHD
    • 30.01.10
    • 07:45

    "I remember a tine when Israel dropped a 1 ton bomb in a residential neighborhood to kill a Palestinian leader. It was obvious that the bomb would kill civilians and in fact, " Work on your memory. That building was under construction and there weren't supposed to be that many people there. Remember also, that this only happened once, and never again. Conversely, remember how many Palestinian terrorists were deliberately blowing themselves up among Israeli civilians at that time.

  • 27. 0 0
    Linthwrong asks who is responsible?
    • SDHD
    • 30.01.10
    • 07:41

    "Who was responsible for refusing permission for the Red Crescent" Who is responsible for using Red Crescent vehicles to transport weapons and terrorists?

  • 26. 0 0
    Arieh Zimmerman has it backwards
    • SDHD
    • 30.01.10
    • 07:25

    "The way to peace is, (remembering the United States after WWII), for the government to be publicly more open handed. Israel must make the Palestinians BELIEVE that it wants peace;" Those who win wars don't have to convince those who lose wars that they want peace. It's up to the losers to stop fighting. Can you name any parties at war who came to peace terms by the winner convincing the loser that they wanted peace?

  • 25. 0 0
    Justice begins at home, Potobac
    • utagawa
    • 30.01.10
    • 06:56

    "The whole point of Nuremberg was that some means are just not to be used, however convenient they may be." Your country dropped two atomic bombs, napalmed and agent oranged the bejesus out of Vietnam, and presently sends drones which end up killing terrorists and women and children alike in Pakistan and Afghanistan. Yet you want to point you finger at Israel for trying to stop rockets from falling on its civilian population. Kinda makes us wonder!

  • 24. 0 0
    My conclusion
    • Murray of Montreal
    • 30.01.10
    • 06:28

    If the next time that Israel goes into armed conflict with the Palestinians, and the IDF does not shoot but, simply points their weapons and yell "bang, bang", Israel will be condemned for yelling too loud.

  • 23. 0 0
    EZ Obvious to you, but not to us, or Goldstone
    • Stephen L
    • 30.01.10
    • 06:24

    EZ: Obviously, obvously: Israeli does not intentionally kill civilians!!! `Nuff Said! The Goldstone report refers to specific incidents where your assertion is far from obvious. In fact the opposite is almost the only conclusion you can reach, unless rogue commanders were acting alone- in which case they need to be prosecuted. Two catches there- they almost certainly were acting on orders from very high, and Israel still will not want to fess them up anyway.

  • 22. 0 0
    Anti-Semitic
    • Jim
    • 30.01.10
    • 06:19

    Here's an answer for all the crazies out there from an Irish American. Just call Judge Goldstone an anti-semitie and a self hating Jew. Worked for the nut cases before. Right?

  • 21. 0 0
    Irrelevant
    • TC
    • 30.01.10
    • 06:10

    Whether Israel is innocent or guilty in this matter is irrelevant. They will always be deemed guilty by the rest of the world regardless of the truth.

  • 20. 0 0
    Israeli Investigations
    • Neil
    • 30.01.10
    • 05:28

    I just read the Israeli investigation into the damage to the wastewater treatment plant and re-read the Goldstone report into the damage. Israel has in no way addressed the issues brought up in the Goldstone report. If this is their way of carrying out an investigation, then I will send some 10 - 12 year olds from the school down the road to help them out. At least we insist that they address what has been discovered rather than just say that we did not plan it at HQ so it could not have happened. What was not addressed - a breach 5 metres deep and 22 metres wide (that would take a lot of explosive carried in by Hamas - yeah right) - clearly visible markings on the pipe had been made by tanks (not sure if Hamas had tanks in Jan 2009) So Israel. Try again. Try to address the facts rather than just say, "I am innocent".

  • 19. 0 0
    Evidence Versus denial
    • Vladek
    • 30.01.10
    • 04:54

    Goldstone painstakenly collected evidence and gave Israel the opportunity to refute that evidence with factual information. Israel has opted to rely on an unsubstatiated, emotional response couched in public relations terms. Truth and justice have become casualties of Israeli politics again.

  • 18. 0 0
    #1 EZ
    • Neil
    • 30.01.10
    • 04:36

    You said "Obviously, obvously: Israeli does not intentionally kill civilians!!! `Nuff Said!" Let me think. I remember a tine when Israel dropped a 1 ton bomb in a residential neighborhood to kill a Palestinian leader. It was obvious that the bomb would kill civilians and in fact, I think that 17 innocent Palestinians were killed on that occasion. Now to revisit your statement. "Israeli does not intentionally kill civilians!!!" I urge you to ask yourself if when Israel knew it would kill civilians by dropping the bomb, is your statement true? I could go on about ambulances bombed in Lebanon in 2006, White phosphorus and shelling UN compounds. I know you will come up with a number of justifications but the fact is that Israel does deliberately and intentionally kill civilians. The real question is it lawful under Geneva conventions. Something which could be investigated at the ICC at the Hague. If you have the guts to let it go there. Ope the other eye and view issues fairly. .

  • 17. 0 0
    you messed up in Gaza
    • Hirz
    • 30.01.10
    • 04:12

    so live up to your responsibility.

  • 16. 0 0
    ez 1
    • potobac
    • 30.01.10
    • 03:42

    The excuse that the means of defense we use is their fault is a little tired by now; so many have used it. However, to say that the world has to leave us alone and use any means we determine appropriate is going a little too far. The whole point of Nuremberg was that some means are just not to be used, however convenient they may be.

  • 15. 0 0
    I read the Goldstone report
    • Jerrold Cohen
    • 30.01.10
    • 01:50

    I followed Operation Cast Lead all day long, downloading dozens of news articles from Israeli and Palestinian newspapers. I would say that if there was any mistake in the Goldstone report, it wasn't thorough enough. There were war crimes not reported by the Goldstone report. I have them on my computer. The "misrepresentations" are simply Israel's way of trying to weasel out of responsibility, standard for Israel.

  • 14. 0 0
    Israel slams the entire international community
    • Dan
    • 30.01.10
    • 01:40

    So Goldstone shouldn't feel alone on it. However Israel isolation is getting tighter and tighter, slamming Goldstone will not exonerate Israel in the world eyes who views Goldstone with much higher respect that Israel.

  • 13. 0 0
    military probe into gaza
    • manuel escott
    • 30.01.10
    • 01:16

    If my memory serves me right, the Goldstone Report called for Israel and the Gaza Authority to establish independent judicial bodies to investigae allegtions of war crimes by both sides during the Gaza assault(I hesitate to call it a ar). The military investigation of the Goldstone charges is neither independent or judicial, It is akin to sending an arsonist to put out a fire. Israel kids no one in the international community, except maybe the U.S., with this probe. Only a panel of high court judges and academics with o axe to grind will be taken seriously by the world. Failure to set up such inquiry will merely confirm the belief of many people that is real substance to the Goldston e allegations.

  • 12. 0 0
    Israel just removed its guidance systems...
    • Paul Freedman
    • 30.01.10
    • 01:00

    ...so it wouldn't be at an unfair advantage to Hamas. /sarcasm

  • 11. 0 0
    Where is the open investigation needed?
    • Mark Lincoln
    • 30.01.10
    • 00:53

    The accused acquitting himself is not surprising. It is what I expect from the Hamas and PA investigations. And I won't believe them either unless their investigations are open and comprehensive.

  • 10. 0 0
    report
    • directrob
    • 30.01.10
    • 00:47

    The report clearly claims that nothing major went wrong only very hard to prove incidents with individual soldiers and honest mistakes. The scale of damage is such that this is very hard to believe. I would say the Israeli military Judicial system is not very interested in finding things. Who ordered or did not stop the shooting on the UN compound?

  • 9. 0 0
    Ask a criminal to investigate his own crime
    • Katherine
    • 30.01.10
    • 00:41

    Wow. If justice were based on criminals investigating their own crimes...then how screwed up would humanity be?

  • 8. 0 0
    The issue of using phosphorous bombs
    • j.a.g. van eimeren
    • 30.01.10
    • 00:25

    I have totally no doubt about your legal judiciary system, but the comment in the report about the use of phosporous bombs was very poor. It involves no crime of war, the report said, without any word about the places where it is used. Use of this weapon in densely populated areas is prohibited even in the case you may bomb that places as military targets with other bombs. That seems me to be a lack in the report.

  • 7. 0 0
    to #3 soldiers don't make policy
    • jason
    • 30.01.10
    • 00:18

    Livni, Barak, and Olmert micromanaged every decision of the war. The soldiers don't make policy decisions. So blaming soldiers is outrageous. The amount of force, where to go, what weapons is all decided by politicians.

  • 6. 0 0
    Who was responsible for refusing permission for the Red Crescent
    • Chris Linthwaite
    • 29.01.10
    • 23:41

    access to two children who spent five days huddled to the bodies of their dead mothers? Even though they knew they were there? War Crime Number 1

  • 5. 0 0
    Had Enough - You Might Need To Say a little More
    • Eli
    • 29.01.10
    • 22:44

    Kinda confused, where does that statement go? Because 1 person does something wrong, is reprimanded for it doesn't make an entire group of people bad. If it did, what would a suicide bomber do? I mean stealing is wrong, but murdering is worse... So obviously you need to say a little more if you want people to understand your views. Shabbat Shalom all

  • 4. 0 0
    one soldier charged with stealing a credit card..
    • had enough
    • 29.01.10
    • 22:29

    Nuff said...

  • 3. 0 0
    Why even bother giving it to the UN?
    • S. Michael
    • 29.01.10
    • 22:23

    Israel was convicted by bill of attainder when the Goldstone commission was approved. No one in Turtle Bay has the least interest in anything an Israeli has to say to defend himself.

  • 2. 0 0
    Too easy
    • arieh zimmerman
    • 29.01.10
    • 21:59

    EZ, #1, makes it too easy for Israel's propagandists. With all its troubles and with all the attacks Israel has endured, one fact remains; Israel has won all the wars it has fought, the IDF has no peers in the Mid-East. The way to peace is, (remembering the United States after WWII), for the government to be publicly more open handed. Israel must make the Palestinians BELIEVE that it wants peace; the actions of the settlers give the lie to anything yet put forward by the Foreign Ministry.

  • 1. 0 0
    Israel Stands Alone...
    • EZ
    • 29.01.10
    • 21:44

    Israel has very few friends in the world, however, those friends are very close...particularly the United States and France. What the world seems to refuse to recognize (besides Israel's right to exist it seems) is that Israel was weaned on defending itself against horrible attacks and murders commited by their arab neighbors. As such, they have a 'system' of defense that calls for actions unlike what faces any other nation on the planet. NO EXCUSES ARE NEEDED FOR ISRAEL'S SYSTEM OF DEFENSE: THEY WOULD NOT NEED TO TAKE THE ACTIONS THEY DO IF THEY WERE NOT THREATENED AND ATTACKED ON A CONTINUOUS BASIS!!!!! The world must LEAVE ISRAEL ALONE AND LET HER DEFEND HERRSELF BY ALL MEANS POSSIBLE! Obviously, obvously: Israeli does not intentionally kill civilians!!! 'Nuff Said!