• Published 01:36 27.10.09
  • Latest update 13:15 27.10.09

Netanyahu caved in to Barak on Gaza inquiry

Obama won't call Bibi to account for Goldstone report, but he might not meet with him in two weeks.

By Yoel Marcus Tags: Goldstone report Benjamin Netanyahu Barack Obama Israel news

There are a thousand ways of starting an article on Israeli current affairs and they're all associated with issues of conduct and mess ups.

It could be Maccabi Tel Aviv and its petty cash box or the riddle of whether Prime Minister Benjamin Netanyahu will really meet with President Barack Obama in about two weeks. Why a riddle? Because the prime minister was invited to the General Assembly of Jewish Federations of North America, which will be held in Washington this year, and unless a meeting with the president is assured in advance, he won't go.

In the meantime, the meeting hasn't been set. It will be held only if it's clear that Bibi will have answers on the settlement issue. If Mitchell reports that Bibi has nothing new to say, Obama will make himself "too busy" to see him and Bibi will not degrade himself by coming to Washington without meeting the president.

Obama will not call Bibi to account for the Goldstone report. The administration has accepted Operation Cast Lead with understanding. If only for the reason that the American armed forces themselves are killing civilians in Iraq, Pakistan, Afghanistan and anywhere else they come into contact with civilians.

With all the changes in warfare methods, the day will come when the Geneva Conventions will have to be adjusted to regular armies' wars against terror groups, which mostly target civilians.

But until we get there, the subject and victim of the Goldstone Commission is Israel, which has been tarnished as responsible for war crimes, and perhaps even crimes against humanity. Were former prime minister Ariel Sharon to wake up today, maybe he would face the commission and maybe he wouldn't, but he would probably say it was one of Israel's most justified wars.

But if he could hear how many legal opinions were aired over Operation Cast Lead, he would likely fall back into a coma from shock.

After eight years of restraint, the IDF launched its most legally inspected military campaign. It was reviewed by many, from Menachem Mazuz and his deputy to every brigade's legal adviser.

Israel wasn't the one to choose Gaza as its battlefield, Hamas did. Despite this, the IDF is probing about 100 complaints, 25 of them already in the Military Police's hands. At the end of the operation a team headed by a senior officer who did not take part in it investigated it.

But according to Goldstone, every response to a terror attack, from the Park Hotel to blowing up buses, is disproportionate.

As infuriating as the Goldstone Commission's conclusions are, the primary guilt lies with the government, which refused to cooperate with the commission. Perhaps it could have reduced the damage by doing so. Ehud Barak, who led the objection, adopted the second part of Disraeli's statement "never complain and never explain." As one who treats the civilian Bibi with the same scorn former defense minister Moshe Dayan used to treat former prime minister Levi Eshkol, it was he who pushed Netanyahu to avoid cooperating with the commission.

Senior jurists believe Israel erred in boycotting the commission, and Bibi is erring even more in accepting Barak's dictate. After all, he is the prime minister.

The right thing to do now is to set up a functional examination committee to look into each incident listed by the Goldstone report, stressing that we're doing it to remove the stain that commission has cast on us. For our part we have already drawn the conclusions, but it is also important that the world hears what we have to say. The international damage done to Israel, accompanied by condemnations and boycotts, requires a convincing response.

Thus Bibi's hint to the veteran Washington Post interviewer, Elizabeth Morris "Lally" Graham Weymouth, is understandable. He said we're examining the possibility of setting up an independent investigation committee to probe the accusations against us in the campaign in Gaza. Although several ministers agreed with Bibi that this could minimize the damage already caused to Israel, Barak insisted that such a committee would not be formed.

It is not clear what Barak is afraid of. But despite his high IQ, he is only the defense minister. He is not the prime minister, nor will he be. According to pollster Mina Tzemach's survey released over the weekend in Yedioth Ahronoth, if elections were held today Bibi's Likud party would rise to 33 Knesset seats and Barak's Labor party would be reduced to seven (Kadima would maintain its strength).

From setting up an examination committee that won't be a whitewash to carrying out the commitment to remove illegal outposts - Bibi must internalize that he is a prime minister with a sound backing and do what is best for Israel.

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  • 17. 0 0
    Obama versus Netanyahu
    • Stephen
    • 28.10.09
    • 16:25

    No audience with the Pres of the United Staes of America, oooh what a pity.... Bibi, Obama told you: no settlement growth stop immediately; start peace talks; and bring maps with your borders. I like the last one very much--bring maps, Obama wants to talk about borders first. Israel start to follow the leader (USA) or get out of the way.

  • 16. 0 0
    gaza inquiry
    • rm
    • 27.10.09
    • 16:58

    Innocent little me would think that if there is nothing to hide why is Barak so vehemently opposed to an inquiry? But than the cynic in my knows the answer to that one!

  • 15. 0 0
    Tug#2
    • Yariv
    • 27.10.09
    • 14:27

    .."How in the world does he imagine this commission will have any credibility?" About the same credibility as the Goldstone report. None. Your questioning the impartiality? Look at the make up of the UN Human rights commission and tell me with a straight face this report was 100% truthful with no biasness

  • 14. 0 0
    It would have as much legitimacy as. . .
    • Wajid
    • 27.10.09
    • 13:55

    ...any inquiry set up by the accused for the purpose of discrediting the charges. A fair trial can only happen at the Hague. I wish Bush and Obama would have to go too, along with El-Bashir and Ehud Barak, but for now, baby steps.

  • 13. 0 0
    We all know who was Defense Minister
    • Mark Lincoln
    • 27.10.09
    • 13:48

    We all know who was Defense Minister during the planning and execution of Cast Lead. Thus we all know who will end up with the blame. And we all know who's government would be shaky if Labor withdrew.

  • 12. 0 0
    Kibishi ,looking for war crimes,prosecute Dutch soldiers of Sreb
    • Absolute Sweden
    • 27.10.09
    • 13:11

    nica. Until you do it all coming from you is a sanctimonious babbling. And look at the Geneva Convention, it says -buildings,be it schools ,churches , hospitals,UN compounds lose their civilian status when they are used for military purposes.Period.

  • 11. 0 0
    to just me
    • kibishi
    • 27.10.09
    • 13:10

    "there must have been many un-members who allowed un-infrastructure to be used by palestinian terrorists. i wonder why goldstone did not investigate this fact". In fact in the case of the UN compound the even IDF report on the war in Gaza does not claim that they respponded to shooting from within the compound. They just claim that the compound was in the line of fire and was hit by accident. Goldstone explains that this explanation is inconsistent with the pattern and timing of the hits.

  • 10. 0 0
    Observation
    • potobac
    • 27.10.09
    • 13:04

    Israel has painted itself into a corner. If it holds hearings, and the finding is that no war crimes were committed, everyone will (of course) dismiss the findings. If the findings are that Israel DID commit war crimes, it will be admitting that it was lying when it first denied them.

  • 9. 0 0
    To #1
    • Harold
    • 27.10.09
    • 12:34

    "....but both of them must be responsible for what they have done in Gaza. Let`s support Goldstone`s report for justice" Obviously, the writer is a close follower of events: just who was in charge of the country back in December/January? Clue: Netanyahu is not one of the names on the answer sheet!

  • 8. 0 0
    kibishi
    • simply me
    • 27.10.09
    • 12:01

    the fact that un-infrastructure was allowed to be used by palestinian terrorists is for sure not because of the permission of just one un-member but there must have been many un-members who allowed un-infrastructure to be used by palestinian terrorists. i wonder why goldstone did not investigate this fact.

  • 7. 0 0
    war crimes
    • kibishi
    • 27.10.09
    • 11:03

    As soon as people start believe their own propaganda things go wrong. I advice everyone to read the Goldstone report and let it sink in. I fear that the things Goldstone describes are crimes whatever the rules. It is also hard to say that individual soldiers are to blame. For example the shooting of the UN compound can hardly be the work of one soldier. The same is true about the bombing of the civilian infrastructure. Lucky some and probably most soldiers had the good sense to protect civilians.

  • 6. 0 0
    Question soldier to get truth then this will be over
    • Bloodyscot
    • 27.10.09
    • 10:29

    We already know that Hamas are terrorist but to counter Goldstone simple setup commision to question soldiers to have the fully picture of what happened. IDF soldiers are not war criminals but they need to testify to help prove it.

  • 5. 0 0
    It is not a surrender!
    • Meir M
    • 27.10.09
    • 06:17

    Rather common sense. There is no reason why Israel should participate in these clearly anti-Jewish anti-Israel efforts. The P M just needs encouragement - then he will do what is expected of him. Defend our right to the Land of Israel and thus to protect ourselves. The IDF has done so in the most human way, far better than all other defense forces.

  • 4. 0 0
    Almost every Israeli commentator starts from the same premise
    • Johnboy
    • 27.10.09
    • 05:46

    ... that Israel must be innocent because, well, because this is Israel we are talking about..... Hence this knock-me-over-with-a-feather comment: "It is not clear what Barak is afraid of." Du'oh! Talk about playing dumb, Marcus. Barak is afraid that the truth will come out i.e. that even the tamest of hand-picked inquiries will expose an inconvenient truth. You know, that Israel DID commit war crimes in Gaza.

  • 3. 0 0
    What a joke
    • Tug
    • 27.10.09
    • 05:44

    If the author is right, Israel is going to set up a commission which will return the judgments Israel has already made. How in the world does he imagine this commission will have any credibility?

  • 2. 0 0
    Netanyahu or Ehud Barak, who's the boss?
    • ahyar
    • 27.10.09
    • 05:44

    Although several ministers agreed with Bibi that this could minimize the damage already caused to Israel, Barak insisted that such a committee would not be formed. It is not clear what Barak is afraid of. But despite his high IQ, he is only the defense minister. He is not the prime minister, nor will he be. so who's the boss? but both of them must be responsible for what they have done in Gaza. Let's support Goldstone's report for justice

  • 1. 0 0
    Marcus does not get it either
    • Michael N
    • 27.10.09
    • 04:16

    The Goldstone report is not about collateral damage or even disproportionality but about wanton and deliberate killing, destruction and deliberate disregard for human life and civil rights, hooliganism and malicious conduct. Israel needs to carry out its own invetigation not because the 'despicable' UN wants it to but because it needs to be able to look itself in the mirror. That is, if it cares to and is worried about its moral fabric. The price Israel will pay in the future is not UN condemnations which it laughs off but an erosion in the justification for its existence.