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Going Far Beyond Goldstone

Is there anything left to be said about the notorious Goldstone Report, which has now been decisively discredited by Alan Dershowitz, Moshe Halbertal, Joshua Muravchik, and Richard Landes, among others, extensively contradicted by three lengthy reports prepared by Israel itself — before, during, and after the issuance of the report — and dramatically refuted by Dore Gold in direct debate with Goldstone himself?

The answer is yes — in the form of Peter Berkowitz’s superb article in the August issue of the Hoover Institution’s Policy Review, entitled “The Goldstone Report and International Law,” a study of the politicizing of international law. It concisely summarizes the “stunning defects” in the Goldstone Report and then discusses a “deeper issue” — a larger and more fundamental problem that “cannot be resolved [simply] by showing that the Goldstone’s findings of fact about the Gaza operation are severely biased, or by demonstrating that the report misapplied or misunderstood the test for determining whether Israel exercised force in a proportional manner.”

All three of Israel’s reports, totaling 554 pages, received almost no attention in the press, from international human rights organizations, from the Human Rights Council, or from the General Assembly, nor from Goldstone or his supporters, who have not only largely ignored them but also failed to respond to the other critical studies listed above. In Berkowitz’s analysis, the reason goes far beyond the defects of a single report; it reflects a cynical attempt by a transnational elite and international bodies dominated by authoritarian states to revise traditional standards of international law to punish their enemies — who are not limited to Israel — with potential consequences for the common struggle against transnational Islamic terrorism.

It is a convincing study, one that not only demonstrates the travesty of the HRC but that of Barack Obama’s decision to join it (and remain a member long after it has become obvious that U.S. participation has legitimized rather than moderated it). Worth reading in its entirety.


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