• Published 03:01 03.02.10
  • Latest update 16:49 03.02.10

IDF legal official: Israel should probe Goldstone Gaza report

Sharvit-Baruch says she's concerned by report's negative effect on Israel's legitimacy in the global arena.

By Tomer Zarchin Tags: Goldstone report Israel news Gaza war

The head of the Military Advocate General's international law department during Operation Cast Lead said Monday that it may be necessary to establish a commission of inquiry to respond to the Goldstone report on Israel's conduct during the conflict in Gaza last winter.

"It is possible that, in hindsight, it would have been correct to cooperate with the Goldstone Commission," Col. Pnina Sharvit-Baruch said in a private closed-door meeting in Tel Aviv. "It's possible that had we cooperated with the commission, its report wouldn't have been as bad. I don't think anyone thought the report would be so severe."

Sharvit-Baruch said she believes the report's harsh condemnation of Israel's conduct and its wide distribution on the Internet have been "very, very damaging" to Israel's international standing.

Sharvit-Baruch found herself at the center of a highly publicized academic storm a year ago, after it emerged that officers in her bureau had granted permission to army units to carry out a number of operations that resulted in civilian casualties, such as striking a police officers' course linked to Hamas. Several lecturers at the Tel Aviv University Faculty of Law wrote letters to the department head asking that Sharvit-Baruch not be appointed a lecturer in international law there.

Sharvit-Baruch said she was concerned by the Goldstone report's negative effect on Israel's legitimacy in the global arena, and that Israel could potentially turn into "a kind of South Africa or Serbia" or a "criminal" or "racist" state in international opinion.

Sharvit-Baruch said she is less concerned with government reactions than international opinion. "The British government is influenced by public opinion, and cannot act against the views of its own population. Public opinion is important to democracies," she said.

Asked whether Israel should establish a commission of inquiry to respond to the Goldstone report's findings, Sharvit-Baruch said such a panel could provide "friendly countries" with the means to counter calls for Israeli officials to be tried in foreign countries or the International Criminal Court over alleged violations of international law.

"There is not necessarily a need for a commission of inquiry because we essentially know more or less what happened in terms of decision making, orders and targets," she said. "As for the top brass, we have the protocols of government meetings."

Nonetheless, she added, "We are now in a situation in which we need to give our friends - who don't want to see lawsuits filed against us in their own courts - the tools to do away such claims, along with other charges against us," she said.

"If they need a commission of inquiry then that's what we'll give them," she added. "I really don't think we have anything we need to hide."

On the original choice over whether to cooperate with the Goldstone Commission, Sharvit-Baruch said Israeli decision makers felt that on the one hand such cooperation could lend legitimacy to the commission. They were concerned that "if we cooperate and a very bad report comes out, that basically means that they heard us, but ruled that we are war criminals. Then it's harder to distance ourselves from its conclusions," she said. On the other hand, cooperation with the panel "might lead to a less severe report. I don't think anyone thought the report would be so severe."

"In terms of orders and targets prepared in advance, I don't think war crimes were committed," she concluded.

Sharvit-Baruch added that had the Goldstone Commission released a less damning report, it's likely that British authorities would not have issued arrest warrants against former foreign minister Tzipi Livni or Defense Minister Ehud Barak based solely on provisions within U.K. law to try suspected violators of international law.

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  • 92. 0 0
    Joe Frazier UH?? "Ganging up..." & "I'm with.."
    • CJ
    • 04.02.10
    • 14:49

    "I`m with Tzipora, CJ Jonnny ganging up doesn`t make you right" Kind of an oxymoronic statement to make, no? "You guys simply have an anti-jewish agenda. Very transparent from here." Twaddle, point out one word I've ever said against Jews....thx (CJ= Concerned Jew) Then save your silly accusations and address the points raised. There's a heap... http://wp.me/PDB7k-Y

  • 91. 0 0
    #68 to esther re: compliments and boomarangs
    • eric
    • 04.02.10
    • 09:30

    when some people open their mouth, regardless of their perspective on the issue, they reveal a nature of singleminded hatred that knows no compromise or human empathy. i would venture to say that it's THEY who most would prefer not open their mouths. ironically, it is THEY esther, who would find fault with the balanced nature of YOUR perspective... and their comments to that affect are not worthy of your slightest concern.

  • 90. 0 0
  • 89. 0 0
    Can't expect Israel to be under Int'l Law criteria scrutiny
    • Joseph .E
    • 04.02.10
    • 08:28

    Look what Int'l Sharia Law Goldstone criteria did .

  • 88. 0 0
    #73, eric, do you really?
    • Cipora Julianna Kohn
    • 04.02.10
    • 08:04

  • 87. 0 0
    #70 Yep, true enough binny.
    • Johnboy
    • 04.02.10
    • 06:16

    b: "Sadly, most of the defenses offered by those backing (cheering for?) Israel breaking laws mistakenly believe that the 'everyone else was speeding' defense is a valid defense. It isn`t." Note that Cipora isn't just insisting that "everyone else was speeding" is a valid defense against the laying of charges. No, she goes far beyond that. She is insisting that because "everyone else was speeding" then THERE CAN BE NO LAW AGAINST SPEEDING. She simply can not distinguish between "laws" and "law enforcement". The only question is wether that is due to a lack of scruples, or a lack of grey matter...

  • 86. 0 0
  • 85. 0 0
    It is a tactical matter
    • 17
    • 04.02.10
    • 05:49

  • 84. 0 0
    #68 to esther re: compliments and boomarangs
    • eric
    • 04.02.10
    • 05:37

    when some people open their mouth, regardless of their perspective on the issue, they reveal a nature of singleminded hatred that knows no compromise or human empathy. i would venture to say that it's THEY who most would prefer not open their mouths. ironically, it is THEY esther, who would find fault with the balance of your perspective... and their comments to that affect are not worthy of your slightest concern.

  • 83. 0 0
    I'm with Tzipora, CJ Jonnny ganging up doesn't make you right
    • Joe Frazier
    • 04.02.10
    • 03:21

    You guys simply have an anti-jewish agenda. Very transparent from here.

  • 82. 0 0
    62 Victor Paul - Not Everything's a Movie
    • Mark of Lewiston
    • 04.02.10
    • 02:43

    Not every event was made into a movie. You can read about history. http://en.wikipedia.org/wiki/International_Military_Tribunal_for_the_Far_East It took more time to write this post than the Google search.

  • 81. 0 0
    #68 to esther re: compliments and boomarangs
    • eric
    • 04.02.10
    • 02:35

    when some people open their mouth, regardless of their perspective on the issue, they reveal a nature of singleminded hatred that knows no compromise or human empathy. i would venture to say that it's THEY who most would prefer not open their mouths. ironically, it is THEY esther, who would find fault with the balance of your perspective... and their comments to that affect are not worthy of your slightest concern.

  • 80. 0 0
    #62 Are you for real, vhardman?
    • Johnboy
    • 04.02.10
    • 02:30

    v: "the entire japanes government heirachy were never indicted as were the germans !!! " The International Military Tribunal for the Far East charged 28 Japanese with "crimes against peace", and no less than 5,700 with "war crimes". Looking at the list for "crimes against peace".... I see: Three former Foreign Ministers Three former Prime Ministers Six former War Ministers or Naval Ministers One former Cabinet Secretary Two former Ambassadors One former Finance Minister. How many is "not enough", victor?

  • 79. 0 0
    Israel lived up to its legitimacy since operation effective .
    • Joseph .E
    • 03.02.10
    • 23:35

    Is the same as saying that Samson lived up to its legitimacy , strenght , int'l image , since crushed a thousand philistins with one hand holding a ass jaw . Imagine what Samson would have accomplished against the philistins had Samson's other hand held a sword . The same happened with Gaza Operation , Israel Democracy fought with one hand tied and taking endangering risks during complex situations that even led to half of our casualities by friendly fire . Same as Israel during Gaza surgical counter terrorism operation while the Belligerant Terrorist Arab Occupier is deliberately and intentionally aggravating the situation by committing war crimes to pin them down later on IDF , so are the U.S. and Europeans also fighting within the Rule of Law and within the rules of engagements and with one hand tied in Iraq, Afganistan and Pakistan. The US and other Western countries will be supporting us, if only because of their identical interests on this front. Don't we believe in our own internationally recognised and appreciated MAG Jurisprudence? Even Russia, China, U.S and Nato would have been incriminated by international law criteria as set by Goldstone . You can't expect Israel to establish a state judicial inquiry to judge IDF by Sharia Law criteria . Hec even unprecedented 10 months freeze is rejected out of hand , and the freezing bite is felt both by our pioneers and the arab worker and the economy in general . It's all politics : a state judicial inquiry will not make Israel win minds and hearts, but rather, and same as gestures and concessions merely serve to encourage hostile elements to continue to press Israel .

  • 78. 0 0
    TO #7
    • Michael Greenberg
    • 03.02.10
    • 23:26

    INTERNATIONAL LAW: i) gives NATO and the USA exemptions from legal prosecution from any bombings of "innocent civilians" that get in the way of their pursuit of terrorists or anyone THEY call a WAR CRIMINAL. That's because they have POWER and can call the shots (legal wording be damned in favour of greater principle--their SUPERIORITY. ii) Muslim leaders who commit atrocities against "innocent Muslim civilians" in a war with other Muslim nations -ARE ALSO exepmt from prosecution...because the "fashionable HUMAN RIGHTS LEFT " gives not one iota if a Muslim kills a Muslim ("innocent" or not). iii) You ONLY get to be a WAR CRIMINAL these days if you are a small relatively powerless nation who happens to kill some "innocent Muslims' in a war with them over the usual (LAND,power,treasure) ... AND of course ESPECIALLY if you are ISRAEL you can expect the "WORLD COMMUNUTY " including its despotic governments to hold you to standards that they themselves ignore/abhorr.

  • 77. 0 0
    Johnboy "real politics" logic
    • arik
    • 03.02.10
    • 23:15

    Yeahhhh yeahhh Johnboy We indeed are aware that International Law is not universal and the five major powers, are safe from sanction *by* the UN Security Council should they fail to observe int`l law. Indeed. The thing is that Israel is very much associated with one of this powers, as you sure know. That power,(guess who???)usually blocks any sanctions against Israel in the S.C. Let me guess that those interventions in favor of israel are the roots of your frustration. Well well.. since we agree that International law is not relevant, lets talk politics. It seems to me that no condemnation against Israel will pass through the S C. In other words Israel is still very strong especially were it should be strong. The American Congress. And the world???? Most people worldide understand one thing Muslims=terrorism Israel= war against terrorism Wanna bet?

  • 76. 0 0
    NSM, don't blame Cipora on us
    • sh
    • 03.02.10
    • 22:31

    "but honestly you`re just living in an Israeli-bubble" - NSM She isn't. She doesn't live in Israel and doesn't know much about Judaism either. She's living in a Cipora-bubble.

  • 75. 0 0
    Do Israelis need help?
    • Walter
    • 03.02.10
    • 22:24

    If people in Israel need help sorting through muddy, subjective ethical issues they should try to study the keen analytical techniques used on sites like http://www.craigmurray.org.uk/ It is a shame that there is no equivalent in Israel.

  • 74. 0 0
    A year later the truth dawns?
    • sh
    • 03.02.10
    • 22:21

    It must have been hubris that made us "not think the report would be so bad". It can't have been brains.

  • 73. 0 0
    Another Durson inaccuracy
    • BDF
    • 03.02.10
    • 21:20

    Dear Natalie: Please try to keep your visceral hatred of Israel out of your judgements because you only defeat the purpose of criticisng Israel when it needs to be. If Israel is illegitimate, then so will be a future Palestinian state seeing as how the UN backed both in 1948. By the way, Pakistan in your view is also illegitimate as is any act condoned or passed by the UN. On the one hand you want Israel to obey international law, on the other you forget that Israel was established by international law. You are inconsistent and have absolutely NOTHING to offer to humanity except more vitriol. That seems to be your sole purpose in life my dear.

  • 72. 0 0
    For the editors - THE Independent article re cast lead
    • chet
    • 03.02.10
    • 21:11

    Just in case you missed it: http://www.independent.co.uk/news/world/middle-east/israeli-commander-we-rewrote-the-rules-of-war-for-gaza-1887627.html Why don't you ask Yedhiot Ahronot for comment on its failure to publish?

  • 71. 0 0
  • 70. 0 0
    #61 - Johnny/Cippy and discretionary power
    • binny
    • 03.02.10
    • 20:06

    Johnboy asks if Israeli or any other nation's laws applied "universally, equally, and predictibly"? The answer is a resounding no. In the US, it is long-standing and well-established that the police and Prosecutors EACH have wide discretionary power. Use of their discretionary power in one case in no way reduces the Force of Law in any other case. The classic example is the speeder who tries to defend him/herself in court by saying that everyone was speeding, and they were the only one to be pulled over, so they shouldn't have to pay the ticket. They get told over and over that the police don't have to pull every car over for the law to be valid. Each offender has to answer for their own violation of law, regardless of who else might have speed by at the same time. Sadly, most of the defenses offered by those backing (cheering for?) Israel breaking laws mistakenly believe that the "everyone else was speeding" defense is a valid defense. It isn't.

  • 69. 0 0
    Re #14
    • paul
    • 03.02.10
    • 19:40

    couldn't agree with you more Let him also look into the actions of NATO,US,UK,Russia and many others.....long before he should look in the direction of Israel.Goldstorne is unfortunately a naive and misguided man who took on this high profile job hoping it would propel him to a more senior job in the UN.

  • 68. 0 0
  • 67. 0 0
    Aha time
    • Michael N
    • 03.02.10
    • 18:47

    Israel violated international law. A UN commission with whom Israel refused to cooporate issued a scathing report, but left Israel an out by advising it to investigate the conduct of the IDF. Israel indignantly refused to do so and instead embarked with the help of the US on a world wide smear campaign of all the usual suspects. In fact it went out out of its way to antagonize the world community while insisting the IDF is the most moral army on the planet. Many of the responders on this site persisted in arguing wholly irrelevant issues that expose their lack of understanding as to what is truly taking place. To irrationally accuse Goldstone of anti-semitism is proof positive of their obtuseness. Now the IDF legal official engages in 'could, would, should have'. How many times is the military and civilian leadership of Israel misunderstand where they are leading the country to?

  • 66. 0 0
    Cipora Julianna Kohn - Surrounded? UH?
    • CJ
    • 03.02.10
    • 18:42

    "so what about the next war? " Planning one? "how will goldstone/un prevent the murderous terrorists surrounding israel?" Er it is the Palestinians surrounded by Israel in all it's luverly illegally acquired territory, m' dear. Do you wear your shoes on backwards too? "..how will they prevent iran`s rapid military expansion, conventional and non-conventional?" That'd be the suspected 'non-conventional' proven by accusations proven by more accusations...

  • 65. 0 0
    Inquiry, but for all the wrong reasons
    • M
    • 03.02.10
    • 17:36

    This was hard to read, but is very revealing. Israel feels that, unlike previous wars with similar conduct, it is forced to erect an inquiry commission, but only for all the wrong reasons - to save itself and satisfy international public opinion that needs something, just anything. Investigations must tackle the war itself, how and why decisions were made in violation of international, but also Israeli, law, and look at civilian casualties. This is because victims are entitled to justice and perpetrators of wrongful acts must be tried; not because a report was damaging to Israel's image. If Israel has nothing to fear, why fear credible investigation? Israel cooperated with the UN Board of Inquiry and provided its defence re targeting UN facilities, yet the BoI convicted it. What does that say? Goldstone mission would have looked at the evidence and reached the same conclusions, for this war was different: no one in Israel wanted to remember the legal and/or ethical rule. Not in Gaza

  • 64. 0 0
    #32, Cipora Kohn
    • Silvienne
    • 03.02.10
    • 17:05

    "Israel is surrounded" No, Gaza is surrounded. You are, as usual, too busy playing the victim to keep up on current events...

  • 63. 0 0
    #24 & #50 Cipora, what about freedom of opinion?
    • NSM
    • 03.02.10
    • 14:36

    Cippie, time & time again you are only proving yourself to be the biggest hypocrite. All that represent your views are Jewish heroes and all who express something different are fools/self-hating Jews...etc. Thats so classic of you especially when you always go off on ppl about freedom of expression and opinion. I'm surprised that you haven't reached a point where you can smell your own hypocracy. Also, as Johnboy and Mark keep pointing out, you only extract what you want to interpret out of ppl's posts and are always getting the wrong msg. Like the nuke/conventional post from Johnboy for example. you do this all the time which is just enough to show ppl of how fair and objective you are and how much you PAY ATTENTION. you always talk about the anti-semitism of the world..etc but honestly you're just living in an Israeli-bubble which is against the whole world. I feel so sorry for you that you cannot experience the world in a worldcentric view but only through the ethnocentric lens.

  • 62. 0 0
    #52 mark claims a japanese nuremburg
    • vhardman
    • 03.02.10
    • 14:34

    the entire japanes government heirachy were never indicted as were the germans !!! wrong again

  • 61. 0 0
    #59 OK, I'll throw it open to the audience, shall I?
    • Johnboy
    • 03.02.10
    • 14:03

    CJK: "the most salient character of laws is universality, equality and predictibility." Riiiiiight. Now I'd like a show of hands: Who out there whose name ISN'T Cipora Julianna Kohn: a) believes that Israeli domestic law is applied "universally, equally and predictibly"? (NOTE: I'm talking about its APPLICATION, not about its APPLICABILITY) b) believes that ANY domestic law is applied "universally, equally and predictibly"? (AGAIN: I'm talking about its APPLICATION, not about its APPLICABILITY) Anyone? Anyone at all? And just for comparison, who out there believes that in EVERY legal jurisdiction there is a) one law for the Big Guys, and b) one law for the Little Guys c) regardless of what the statute books actually say?

  • 60. 0 0
    wrong again
    • directrob
    • 03.02.10
    • 13:43

    "commission of inquiry to respond to the Goldstone report" The goal should be to do a independent investigation not to respond to the report. The IDF report made the same mistake.

  • 59. 0 0
    #57, johnny
    • Cipora Julianna Kohn
    • 03.02.10
    • 13:32

    if international law is not applied universally, equally and predictibly, then it stops being a law. it becomes politics. the most salient character of laws is universality, equality and predictibility. if these characteristics cannot be maintained, then the law is hollowed and is left meaningless. last post till evening. good afternoon to all.

  • 58. 0 0
    #51 You and I are talking about two different things, Cipora
    • Johnboy
    • 03.02.10
    • 13:25

    CJK: "no one will bring charges against or enforce against the major powers in any jurisdiction." *sigh* I am talking about the mechanism for forcing compliance with International Law, and while you CLAIM to be talking about the same thing you are REALLY concerning yourself only with the prosecution of individuals for "grave violations" of international humanitarian law. Are you really so clueless that you don't know the distinction?

  • 57. 0 0
    #55 Get real, Cipora
    • Johnboy
    • 03.02.10
    • 13:11

    Your argument, not mine: "if international law cannot be applied universally and predictably, then it is not law." That argument is *as* *nonsensical* with respect to international law as it is to domestic law. You can not seriously suggest that Israeli law is "universally and predictably applied", and if you do want to make that claim then you will be in a minority of precisely one. After all, asking "will he, won't he?" when the Israeli attorney general du jour mulls charging a fellow politician is a national pasttime, and for good reason.

  • 56. 0 0
    #15 mark klein, you're kidding; right?
    • eric
    • 03.02.10
    • 12:40

    israel hasn't investigated anything. and if you're talking about the partial rebuttal to the goldstone report that it submitted; all that's done so far is raise questions about its credibility.

  • 55. 0 0
    #51, johnny, so, it's a dog's dinner
    • Cipora Julianna Kohn
    • 03.02.10
    • 12:38

    so, international law is a dog's dinner--not politics--, but a dog's dinner. i agree, it's a dog's dinner.even now you slide down that slippery slope when you claim the in israel, where the applicable law is domestic law, the law does not apply universally because it does not apply to the big men. you must have forgotten sharon, katzav, lieberman, hirshorn and some others. even some of our saintly rabbis have gone to jail. they might get out, but they will have to pray night and day to be granted forgivness by hashem.

  • 54. 0 0
    why didn't goldstone investigate "this, that, and everyone else"?
    • eric
    • 03.02.10
    • 12:15

    "but what about him? HE did it!" childish ploys. there's one big reason WHY he didn't folks: he wasn't tasked for doing so. do you really think that he goes around investigating the possibility of war crimes on his own? he was specifically selected, because he's jewish and pro-israel, in order to ensure the report's objectivity. i doubt very much when he accepted the task, that he had any inkling of what his investigations would reveal. and i'm also sure that he gave israel the greatest benefit of the doubt wherever possible. but being a man of integrity, he was compelled to report that which, in his judgement, was found to be WITHOUT doubt. israel's big mistake was that instead of cooperating with the investigation, it thought it could use its usual bluster to weather this out, as it has so often in its past. it failed to consider that the exposure provided by today's technology, along with a growing world sentiment on the issues of justice and human rights, have ended the era of it being able to act without being held accountable. so blame it on an israeli leadership who's mentalities still reside in a time when israel could hoodwink the world over its activities, and who failed miserably to take into account the tremedous flow of virtually instantaneous information the internet provides to the international community. today, if a himalayan yak farts, the news will likely be available to the world within hours...even minutes; WITH pictures of its embarrassed face and relieved smile. it's not so easy to hide things today...and apparently, the israeli "government" STILL hasn't caught on. so don't blame goldstone!

  • 53. 0 0
    #46 No, Cipora, that's another straw man
    • Johnboy
    • 03.02.10
    • 12:07

    CJK: "so you admit that international law is mere politics" No, I accept that the ENFORCEMENT of int'l law is a dog's dinner. The 20th century marked the beginning of efforts to institutionalize the ENFORCEMENT of int'l law and - like all first steps - those steps have been very tottery indeed. CJK: "if international law cannot be applied universally and predictably, then it is not law." Utter nonsense; NO laws are applied universally and predictably, as any observation of corruption inside Israel makes very clear. A little guy can commit a crime in Israel and he runs the risk of going to the slammer. But an Israeli PM? Or an Israeli President? They can be as crooked as they come, and they won't be charged. Does that mean that Israel's legal code doesn't really exist, Cipora? Or does it mean that the Big Guys are harder to catch than the Little Farts? The latter, luvvie, not the former.

  • 52. 0 0
    VictorPaul - Japanese WERE Prosecuted
    • Mark of Lewiston
    • 03.02.10
    • 12:07

    There were Japanese war crimes trials, many of them, in post war Japan. Perhaps they were overshadowed in the UK because Germany was closer. Not everybody got tried. Some committed seppuku. There were Japanese officers hanged for war crimes, including water-boarding of US and UK prisoners of war. Some crimes didn't get prosecuted, true. The US didn't prosecute many of the crimes committed against the Chinese. After the war, the US and China were not the best of friends.

  • 51. 0 0
    #49, johnny, don't make me laugh
    • Cipora Julianna Kohn
    • 03.02.10
    • 12:02

    no one will bring charges against or enforce against the major powers in any jurisdiction. it has to do with their powers, not with the un. nor will anyone charge or enforce against most countries that have any political power.

  • 50. 0 0
    #45, Esther
    • Cipora Julianna Kohn
    • 03.02.10
    • 11:54

    she is a fool and she should keep her mouth shut.

  • 49. 0 0
    #39 A straw man argument, Cipora
    • Johnboy
    • 03.02.10
    • 11:51

    CJK: "the five major powers, namely, china, france, russia, the uk and the us, do not have to observe international law." No, Mark did not make that claim. Mark claimed only that those 5 powers are safe from sanction *by* the UN Security Council should they fail to observe int'l law. And he is correct: the UNSC is powerless to act against any of those 5 countries, no matter what they do. That does not mean those countries are "free" to disregard int'l law, because those laws exist outside of the UNSC, and the UNSC is not the ONLY avenue for the enforcement of those international laws.

  • 48. 0 0
    #36 mark of lton and the obligation under an
    • vhardman
    • 03.02.10
    • 11:50

    international code of conduct. it is virtually zero due to any universal application of that particular code . for example the germans were prosecuted at the end of ww2 but strangely not the japanese! whilst national law has ajurisdiction international law has none !

  • 47. 0 0
    #42 YOU lumped them together, Cipora, not me.
    • Johnboy
    • 03.02.10
    • 11:46

    CJK: "iran is not entitled to have nuclear weapons; nor is it entitled to enrich uranium; nor is it entitled to arm hezbollah." Laughable. YOU lumped conventional weapons and nuclear weapons together, Cipora, not me. I quite correctly teased the two apart, because I quite correctly talked only about "armed forces", not "nuclear weapons" which are - I'll remind you - merely an accusation made by some very excitable and deeply paranoid countries. And what did you do? Why, you pretended that I had talked about nukes, when I most definitely had not.

  • 46. 0 0
    #44, JB, so you admit that international law is mere politics
    • Cipora Julianna Kohn
    • 03.02.10
    • 11:37

    if international law cannot be applied universally and predictably, then it is not law. it is mere politics.

  • 45. 0 0
    daat#23, Sharvit is now honestly regretting her foolish mistake
    • Esther
    • 03.02.10
    • 11:25

    Quote: "She previously stated her legal opinion that Goldston report is full of falsehoods and distortions"

  • 44. 0 0
    #41 No, it's a POLITICAL observation, Cipora
    • Johnboy
    • 03.02.10
    • 11:24

    CJK: "do you think that the icc will accept this argument?" Do you think that the Big Boys allowed the creation of an ICC that couldn't be short-circuited by their use of their UNSC vetos? CJK: "do you think that they are a bunch of hypocrites?" No, I think they understand full well that only the UNSC can refer cases to them when those Big Boys refuse to accept its jurisdiction. And, of course, they understand full well that those Big Boys control the UNSC..... Checkmate, I'm afraid.

  • 43. 0 0
    #32 Cipora
    • kiwi girl
    • 03.02.10
    • 11:19

    Will you never stop playing the victim Cipora, so as to make excuses for the inhumane and murderous policies that have been entrenched into Israeli policies since it alone decided to commit ethnic cleansing and genocide of another people! The worlds anger grows and as I have often said, it will be the citizens of the world who will hold all Israel to account, not our paid off corrupt and weak kneed leaders, who themselves will be heading for the courts alongside their Israeli counterparts. You see we aren't bias Cipora, all evil men and women will be made to answer for their crimes, no matter their wimping ways. And then we shall have our peace...thank the universe for its unending balancing act.

  • 42. 0 0
    #38, JB, actually, no
    • Cipora Julianna Kohn
    • 03.02.10
    • 11:12

    iran is not entitled to have nuclear weapons; nor is it entitled to enrich uranium; nor is it entitled to arm hezbollah.

  • 41. 0 0
    #37, johnny, very lawyerly argument
    • Cipora Julianna Kohn
    • 03.02.10
    • 11:08

    do you think that the icc will accept this argument? do you think that they are a bunch of hypocrites?

  • 40. 0 0
    #36 Mark of Lewiston
    • Johnboy
    • 03.02.10
    • 11:05

    ML: "Israel signed onto the treaties, it did so in good faith, never imagining it would some day have elected leaders who believed that "EXCEPT ISRAEL" was written into all international obligations in invisible ink that only Israeli right wing lawyers` glasses could read." Anyone who is a fan of John Carpenter films will instantly recognize those glasses; they are the ones fitted with "Hofmann lens". Ask Rowdy Roddy Piper; he knows where to get some.

  • 39. 0 0
    #36, Mark, so let's make this clear
    • Cipora Julianna Kohn
    • 03.02.10
    • 11:04

    the five major powers, namely, china, france, russia, the uk and the us, do not have to observe international law. the muslim countries do not have to observe international law either since they have oil and are therefore protected by one of the p5 member states. it would seem that very few countries have to observe international law. since such is the case, the conclusion is that international law is neither universal, nor really predictable. yet, universality, equality under the law and predictability are core functions of any legal system.

  • 38. 0 0
    #32 Cipora looks into the crystal ball....
    • Johnboy
    • 03.02.10
    • 10:59

    CJK: "so what about the next war?" Yeah, when *is* Israel planning to start its next war? CJK: "how will goldstone/un prevent the murderous terrorists surrounding israel?" Err, Cippie, Israel has vastly more firepower than any "murderous terrorists", and very little hesitation about using it. You know that, after all, you keep saying you've read the Goldstone Report cover to cover. CJK: "how will they prevent iran`s rapid military expansion, conventional and non-conventional?" Err, Cipora, Iran is entitled to have as big an armed forces as it wishes and can afford. After all, it has nowhere near the firepower of Israel, and nobody suggests that Israel has to reduce its army otherwise it's an "unfair fight".

  • 37. 0 0
    #33 What, it was a state secret, was it, Cipora?
    • Johnboy
    • 03.02.10
    • 10:50

    CJK: "so, mark, this entire charade about international law depends on club membership." Well, slap my vitals! You mean that... that.... OMG!... that the five allied powers STACKED THE UN Security Council!!!!!! No, no, say it isn't so, Joe! Cipora, Mark is right: there are The Big Boys, and they stacked the UN Security Council *precisely* *because* they were responsible for creating the United Nations. And then there are the Little Nations, who didn't get to stack the UN Security Council because (shhh! don't tell 'em, they'll get upset) they are merely The Little Farts Amongst the Nations. Because that's your problem, Cippie; you think Israel is a Big Player, when it's really just A Little Fart.

  • 36. 0 0
    Getting the UN to act Against P5 Members
    • Mark of Lewiston
    • 03.02.10
    • 10:47

    Getting the UN to act contrary to the interest of P5 members is a waste of time. P5 members have a veto. We founded the Club. International law is not founded only in the UN or the UNSC, however. It is largely based on international treaties, not UNSC actions. Israel voluntarily chose to sign on to many international treaties, perhaps believing in them. Or perhaps believing that Israel could avoid the obligations when push came to shove. I prefer to believe that when Israel signed onto the treaties, it did so in good faith, never imagining it would some day have elected leaders who believed that "EXCEPT ISRAEL" was written into all international obligations in invisible ink that only Israeli right wing lawyers' glasses could read. And unlike the current crop, the US does not and never has claimed that our Army is made up of angels who can do no wrong. The US has always acknowledged that our soldiers are human and have human failings. Galahad was a fiction, not an IDF soldier.

  • 35. 0 0
    Detroit is Surrounded
    • Mark of Lewiston
    • 03.02.10
    • 10:37

    Canadians to the North of them, Canadians to the South of them, Canadians to the East of them, Into Detroit rode the 600. The secret to Detroit's safety is that the US made peace with those religious fanatics, the Brits. And when Canada got its independence, it decided peace with the US was not a bad idea. On my last post, I used the initials US when I meant UN.

  • 34. 0 0
    as a doctor Mengele was better scholar that Goldstone
    • Miron
    • 03.02.10
    • 10:30

    is judge. However, was he as good as Hashem himself, do you think his Jewish patients would of being any better off? And why, all of a sadden, such a concernd regarding former republic of Yugoslavia??? I don't remember UNSC ever approving it's dismemberment. So, I think Israel, insofar as UNSC is concerned, is in a shape that is far worse. And finally, of all the people do you really think Moshe looked better in front of pharaoh than Israel will look in frong of UN? Of course, his lawyer's salaries were not in jeopardy... makes it easy for him to do what he did, isn't it. Let me take a breather here...

  • 33. 0 0
    #31, Mark admits that this charade depends on club membership
    • Cipora Julianna Kohn
    • 03.02.10
    • 10:19

    so, mark, this entire charade about international law depends on club membership. of course this is what we have been saying all along. your vehement accusations against the idf also depend on your own special club membership.

  • 32. 0 0
    Israel is surrounded
    • Cipora Julianna Kohn
    • 03.02.10
    • 10:07

    so what about the next war? how will goldstone/un prevent the murderous terrorists surrounding israel? how will they prevent iran's rapid military expansion, conventional and non-conventional?

  • 31. 0 0
    Col Cohen - Russia's a Club Member
    • Mark of Lewiston
    • 03.02.10
    • 10:00

    The US and UK and Russia and Chine are the club that formed the US. There are special rules that apply to the club's founding members. Russia got away without an inquiry because they founded the club. Get over it. If you don't like the club rules, start your own.

  • 30. 0 0
    Israel's legitimacy
    • O
    • 03.02.10
    • 10:00

    I fail to see why this issue is about Israel's legitimacy. OK sure there are people about who do not recognize the state of Israel. But when some European state or a representative of an international body (that very clearly recognizes the state of Israel) says "could you pretty please kill a few less civilians?" how the hell does it turn into a question of Israel's legitimacy? It's like saying that criticism of the US war in Iraq is a question of US legitimacy. In my opinion it is just another way to try to bolster support: "stop asking that question, it means you are for the destruction of Israel, now be quiet".

  • 29. 0 0
    #24 Cipora asks....
    • Johnboy
    • 03.02.10
    • 09:55

    CJK: "in whose name is she speaking?" In the name of common decency, perhaps? Or in the name of commonsense, maybe? Go ask her, Cippie, and she might even point you in the right direction. Mind you don't get lost on the way....

  • 28. 0 0
    Include Judge Goldstone himself on the Israeli Commission
    • Nimh
    • 03.02.10
    • 09:45

    Not only must Israel establish a commission of inquiry as soon as possible if it is to save its reputation, but Judge Goldstone himself must be invited to join it as a full panel member including the power to question under oath. Only then will the Israeli commission have international legitimacy.

  • 27. 0 0
    #2, Durson
    • Cipora Julianna Kohn
    • 03.02.10
    • 09:29

    there is no question of israel's legitimacy. the fact that muslims question it is irrelevant.

  • 26. 0 0
    public opinion is important to 'democracies
    • tiki
    • 03.02.10
    • 09:28

    "Governements cannot act against the views of their own population". Why does this always apply only to the 'other populations' and never to the Israeli? What about Israeli public opinion? Is the Israeli 'DEMOCRATIC public opinion' less valuable than the rest? Don't they have a voice, don't they have rights, don't they have an opinion? Is the 'only reason d'etre of the Israeli population to always 'comply with world opinion? STOP being so paranoid about 'world opinion.....those who don't like Israel/Jews will NEVER change their mind. Ben Gurion was so right.

  • 25. 0 0
    Not cooperating with Goldstone was sound legal strategy
    • MARK KLEIN, M.D.
    • 03.02.10
    • 09:26

    To have cooperated would have been tantamount to accepting the jurisdiction of the UN Human Rights Commission. No matter what evidence Israel presented condemnation was a foregone conclusion. Israel followed the sound principle of not appearing or responding to the fence case heard by the International Court of Justice.

  • 24. 0 0
    Sharvit-Baruch
    • Cipora Julianna Kohn
    • 03.02.10
    • 09:11

    in whose name is she speaking?

  • 23. 0 0
    Keeping Her Job
    • daat y
    • 03.02.10
    • 08:57

    Sounds like she is trying now to keep her job at Tel Aviv University. She previously stated her legal opinion that Goldston report is full of falsehoods and distortions. No new inquiry will change th world's opinion if they want to believe falsehoods.

  • 22. 0 0
    this was obvious from day one ,that it was hogwash
    • vhardman
    • 03.02.10
    • 08:57

    500 cases to investigate and hey presto israels name at the top of the list again alone! time to close down the un !!

  • 21. 0 0
    A very belated brain-storm!
    • Esther
    • 03.02.10
    • 08:21

    Indeed, had be probed and mulled the Goldstone report from the moment it was published, we would not have appeared as if we were avoiding the truth...It did not mean a priori that we need to accept every word, but at least we would not have looked like ostriches with buried heads, their fleshy and feathery behinds sticking up for target practice for the whole world...

  • 20. 0 0
    "I don't think anyone thought the report would be so severe."
    • Colin Wright
    • 03.02.10
    • 08:20

    The inhabitants of Israel begin to realize they're no longer on the same planet as the rest of us. ...but we should keep sending the checks.

  • 19. 0 0
    dont worry Goldstone
    • you are not
    • 03.02.10
    • 07:53

    any worse than anyone else in the entire world. Every country has turned against their own citizens in favor of the Muslim religion. They are experts at using their religion as a military recruting base and operating base, to take over country after country. They are outsiders, but the world lets them move in to any country and change the law of the land to suit their agenda.

  • 18. 0 0
    She wants to be moral...
    • Walter
    • 03.02.10
    • 07:51

    It is depressing and toxic that Jewish leaders put women in a position where they are forced to defend immoral acts.

  • 17. 0 0
  • 16. 0 0
    Cast Lead
    • Philip
    • 03.02.10
    • 07:14

    Duh................about time that this obvious conclusion was reached.Better late than never, and better before even more damage to our already tarnished image takes place.

  • 15. 0 0
    No need for panic
    • MARK KLEIN, M.D.
    • 03.02.10
    • 07:13

    Israel's investigation thus far of the Gaza War is sufficient to block any referral to the ICC by the Security Council. Israel does itself no good with incessant legal self flagellation. Trying to appease world public opinion is like getting the bitter ex-wife's approval.

  • 14. 0 0
    Sharvir-Baruch
    • Louis Fried
    • 03.02.10
    • 07:13

    Sharvit-Baruch is dreaming and is out of touch with reality. The Israeli government did the right thing in not cooperating with the Goldstone Commission. This commission was a farce to begin with and was not objective or credible in any sense of the word. Just look at the commission's mandate and its membership. By coopertaing with it Israel would have given it credibility it did not deserve. The best response is to disprove the commission's findings by deducing strong evidence to impugn its conclusions.Respond and refute the findings but don't copperate. And British opinion is largely anti-Israel anyway; cooperating would not have made a difference.

  • 13. 0 0
    light
    • Hirz
    • 03.02.10
    • 07:09

    finally, for all those who claimed that the accusations against Israel were the result of anti Semitism or hate, you have been proven wrong. the Israeli war crimes are facts, it also sheds the light on a sub culture of hate within Israeli society. the truth always comes out no matter how hard you suppress it.

  • 12. 0 0
    I'd like Russia, USA, China, Somalia etc to respond so much
    • Alfredo
    • 03.02.10
    • 06:58

    I would for once see other countries to be as scrutinised as Israel and the leaders for its leaders not to be so cowards. Learn from Hamas, what did they do etc. Or what would have happened if Israel blasted so much at Turkey as they have done - state of war would have been declared - wrong? dont think so. Amazing that about 7 mill. people in Israel have such gutless leaders - not better than the ones in the Ghettos of old. Pitiful and embarrasing - Pls note: a little kid in another universe sent a report agaist Israel to the UN, so - ISRAEL you better start to get ready to respond. ja, ja,ja. Mindless leaders.

  • 11. 0 0
    Considering the police operation was the most condemned...
    • Paul Freedman
    • 03.02.10
    • 06:50

    Considering that the police operation was a magnet for condemnation this retrospective look backwards is questionable in its appropriateness from this particular individual at this particular time.

  • 10. 0 0
    But if the original intent of the Commision was to label
    • Edward
    • 03.02.10
    • 06:48

    the IDF and the Israeli leadership as war criminals no matter what the real facts were and are, then prior cooperation or holding additional investigations are moot. I don't understand how anyone, knowing the UN could not come to the conclusion that this report or anything that the UN produces could turn out any other way. Shavit-Baruch: Are you brain dead?

  • 9. 0 0
    Goldstone Theory
    • Col [Res] Cohen
    • 03.02.10
    • 06:46

    Why is that when Russia invaded Georgia & caused severe damage & deaths, Goldstone did not come into the arena of investigating Russia for war crimes because they know what type of an answer Goldstone would have given. This is a war against terrorists and the world is aware of it and has been hearing about it every day. Now it is a crime to contain terrorists. Where is the logic? Is permission had to be given with all Israeli strategies as to how to fight terrorists!! I dont think so. If this goes further, you will see all the top lawyers all over the world will be in court to defend Israel and this circus of Goldstone and the people who are paying him for this will collapse.

  • 8. 0 0
    War Criminals!!
    • Kishen
    • 03.02.10
    • 06:36

    War criminals are feeling the heat!! I hope they identify each and every IDF soldier who committed war crimes and issue arrest warrant through interpol. There should be travel and monetary sanctions on the Israeli politicains and top soldiers who gave orders. All these arrogant, uncivilised and inhumane creatures (I hate to call them human beings) need to be held to account.

  • 7. 0 0
  • 6. 0 0
    Goldstone, Israel and World Opinion
    • Cynic
    • 03.02.10
    • 06:04

    I think it's rather too late in the day for an Israeli volte-face. Israel has violated International law and the Geneva Conventions for time immemorial, and now expects leniency for the way the IDF butchers behaved in Gaza. There might still be governments that profess to be friends of Israel, but that doesn't mean they're representative of either their electorates or world opinion.

  • 5. 0 0
    what the heck?!?
    • Walter
    • 03.02.10
    • 05:23

    A decent person has infiltrated the Israeli government. Call Shin Bet. Who is this lady? Is she single?

  • 4. 0 0
    well well
    • ben
    • 03.02.10
    • 05:21

    On top of this Deshowitz came out in a bizarre blog on the JP as much as saying an inquiry was necessary.Next we will have that transplanted wombat Regev saying it was always planned.

  • 3. 0 0
    Just appoint the damn inquiry, already!
    • Johnboy
    • 03.02.10
    • 05:12

    Fer' crying out loud! You guys established a judicial enquiry into the Yom Kippur war, into the 1982 and the 2006 invasion of Lebanon. It's. Not. Like. You. Will. Be. Breaking. New Ground. Just ping an ex-supreme court judge, give him the power to compel witnesses to testify under oath, and let him (or her) get on with the damn job. *sheesh*. Sharvit-Baruch: "I really don't think we have anything we need to hide." Says you. Your opinion means Jack Shit, sunshine, because YOU were up to your neck in the decision-making. An independent judicial inquiry gets EVERYONE off Israel's back. Just do it, fer' cryin' out loud!

  • 2. 0 0
    Israels legitimacy?
    • Natallie Durson
    • 03.02.10
    • 05:10

    That's a phrase that you see a lot, both from Israels supporters and Israels critics. There is no other nation on earth that has this long and bitter ongoing debate over their "legitimacy". There is a reason for this, of course. Israel is not really legitimate. If it was, then the phrase, and the debate, would vanish.

  • 1. 0 0
    The world will never support Jews that fight back
    • A Nice Fellow
    • 03.02.10
    • 05:08

    This woman says Israel should have a panel that would legitimize Goldstone in order to influence British public opinion? Is she serious? That's the reason? What a joke.