The Goldstone Report - Updates

On 15 September 2009, the UN Fact Finding Mission on the Gaza Conflict, headed by Justice Richard Goldstone, published its report on the violations of international humanitarian law and international human right law allegedly committed during "Operation Cast Lead" (also known as the "Goldstone Report")[1].

This article presents a few brief updates on relevant developments regarding the "Goldstone Report" as part of the IDI Terrorism and Democracy Newsletter’s ongoing coverage of issues related to "Operation Cast Lead" – Israel's major counter-terrorism operation in Gaza (December 2008 – January 2009).

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[1]  For a summary and a discussion of the "Goldstone Report," see the previous issue of the Terrorism and Democracy Newsletter.

On 5 November 2009, the UN General Assembly adopted the resolution entitled "Follow-up to the Report of the United Nations Fact Finding Mission on the Gaza Conflict.[2]"  The resolution endorsing the "Goldstone Report" was passed in a vote of 114 in favor versus 18 against. It also called upon the UN Secretary General to send the report to the UN Security Council and upon both the Government of Israel and the Palestinian side to "undertake investigations that are independent, credible, and in conformity with international standards into the serious violations of international humanitarian and international human rights law reported by the Fact Finding Mission, towards ensuring accountability and justice."

It should be noted that under article 13 of the Rome Statute of the International Criminal Court and under Chapter VII of the UN Charter, the UN Security Council can grant the Court jurisdiction over certain situations in which international crimes have allegedly occurred despite the fact that none of the states involved in the conflict are parties to the Statute.

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[2]  A/RES/64/10

On 3 November 2009, two days before the adoption of the aforementioned UN General Assembly Resolution, the U.S. House of Representatives passed a non-binding resolution condemning the "Goldstone Report.[3]" 

This resolution, which was passed in a vote of 344 in favor, 36 against, addresses some of the procedural problems of the mandate of the fact finding mission: the failure to mention the relentless rocket and mortar attacks over southern Israel for eight years that prompted Israel's defensive actions[4],  the composition of the members of the mission, which includes a person who prior to joining the mission had already signed a petition that referred to the Israeli actions as "War Crimes," and the report's conclusions.

The resolution expresses the House of Representatives’ evaluation of the "Goldstone Report," which it considers "irredeemably biased and unworthy of further consideration or legitimacy." It also supports the U.S. Administration's efforts to combat anti-Israel bias at the United Nations, its characterization of the "Goldstone Report" as "unbalanced, one-sided and basically unacceptable", and its opposition to the UN Human Right Council's resolution on the report. The House of Representatives also called upon the U.S. President and the Secretary of State to oppose any endorsement of the "Goldstone Report" within the United Nations.

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[3] H. Res 867

[4] For further discussion regarding the general jus ad bellum framework, see the second issue of the IDI Terrorism and Democracy Newsletter.

On 10 November 2009, the Israeli Defense Force's (IDF) Chief of General Staff, Lieutenant General Gabi Ashkenazi, stated in a public speech that the "Goldstone Report" and the claims it makes require a response [5].  Lt. General Ashkenazi said that the five investigative committees that he appointed [6] have identified some errors and that, moreover, the IDF has investigated every complaint regarding the offensive in thorough, reliable, and truthful investigations. According to the IDF Chief of Staff, the IDF Criminal Investigation Division is in the process of reviewing 45 complaints, and 60 Palestinians have already delivered testimonies in the context of these investigations. Lt. General Ashkenazi concluded that the IDF does not target civilians and that damage to civilians is the unfortunate result of the nature of the urban warfare, as were the IDF injuries and casualties from friendly-fire during "Operation Cast Lead."

With regard to the criminal review process, it should be noted that according to a statement issued by the Deputy State Prosecutor, Adv. Shay Nitzan, at a roundtable discussion held at the Israel Democracy Institute on 28 October 2009[7], criminal investigations of 27 incidents have already been initiated, and in one case (involving the theft of a credit card by an IDF soldier), a criminal indictment has already been filed.

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[5] http://www.haaretz.com/hasen/spages/1127190.html

[6] See the fifth issue of the Terrorism and Democracy Newsletter for further discussion of the conclusions of the five investigation committees.

[7] For more information about the Round Table discussion click here.

• Click here to watch video of roundtable debate (Hebrew)
• Read a summary of the event
• IDI scholars summarize and analyze the Goldstone Report
• Opinion: Goldstone notwithtanding, IDF obligated to investigate conduct
• Opinion: Will an Investigative Committee be set up to Evaluate Goldstone’s Findings?
• From the Jerusalem post, Prof. Gabriella Shalev at IDI's roundtable: The problem is political, not legal