TEL AVIV: Israel’s government erred in not cooperating with the Goldstone Commission, which investigated claims of human rights violations during operation “Cast Lead in Gaza. In refusing to cooperate with the commission, Israel missed an opportunity to justify its position and insist that the international community adapt the rules of warfare to the reality of the 21st century. Even without cooperating though, Israel’s claim that the rockets fired from Gaza into civilian areas constitute a war crime, possibly even a crime against humanity, was upheld over the claim made by many Palestinians that they are a “legitimate form of resistance to the occupation.
Israel’s decision stemmed from concern that cooperation would confer legitimacy on the commission’s conclusions. The UN’s Human Rights Council appointed the fact-finding mission in the midst of January’s fighting to investigate the “violations of international humanitarian law and human rights law by Israel. Israel stated that it would not cooperate with an investigation that labeled it guilty in advance.
Israel has many years of experience with UN inquiries and rapporteurs publishing highly critical reports about its activities in the West Bank, Gaza strip, Golan Heights and East Jerusalem, and has often refused to cooperate with investigators. The instinct to oppose the investigation into operation “Cast Lead was, therefore, in line with long-standing policy.
But the circumstances this time were different. The South African judge Richard Goldstone agreed to lead the commission only after its mandate was expanded to allow for an investigation into Palestinian as well as Israeli actions. Goldstone, who is Jewish, has been active in Zionist organizations and has relatives who lived in Israel. He cannot be accused of prejudice against Israel.
Goldstone requested Israel’s cooperation through diplomatic and media channels. Netanyahu’s government refused, and launched a campaign to undermine the credentials of human rights organizations investigating the operation in Gaza, stop European funding for Israeli left-wing organizations, and undermine the legitimacy of the Goldstone Commission.
Israel perceives the Goldstone investigation, and particularly its recommendation to investigate and put Israelis on trial in courts abroad, to be part of a campaign by its enemies to deny its right to exist and specifically its right to defend itself. This may seem exaggerated, but those who believe it are precisely the ones who should be defending their opinions instead of abandoning the arena to their opponents.
Rather than boycotting the commission, Israel should have flooded it with testimonies and information: presented Hamas as an organization that advocates the destruction of the Jewish state and is responsible for firing rockets; emphasized Israel’s claim that its occupation of Gaza ended with the disengagement in 2005; justified the launch of the operation and its mode of conduct; proved that the IDF “is the most moral army in the world; and offered detailed explanations for every incident under investigation.
Israel missed an opportunity to show the attractive side of Israeli democracy, which allowed serious discussions during the operation in Gaza about its necessity, its length and methods of warfare. Instead of taking pride in its freedom of expression, Israel allowed Goldstone to present it as an oppressive police state.
But the most significant missed opportunity had to do with the principle of adapting the rules of war to a situation where acts of terror are committed within civilian areas. This is not a problem specific to Israel – NATO forces deal with it in Afghanistan – but Israel should have taken advantage of the platform afforded by Goldstone and demanded that the rules set after World War II, when wars were fought between regular armies, ought to be subject to a re-evaluation.
Israel will succeed through diplomatic means to stop the legal campaign against it. Its leaders and officers will not be put on trial in The Hague. But Israel will pay a price – its image will be tarnished, voices calling for a boycott against it will become stronger and military actions taken in self-defense will be deemed illegitimate. But the damage could be minimized if Israel shows that it has nothing to hide, re-evaluates its policies on the use of force and takes advantage of the situation to generate a serious international debate about whether the rules of warfare are applicable in modern times.
Aluf Benn is the Editor-at-Large and a political commentator for the Israeli newspaper Haaretz. This article was written for the Common Ground News Service (CGNews).
