Thursday, October 01, 2009

Goldstone Report: Getting The Law Wrong

It seems that the Goldstone Commission did not check out all of their facts. Take a look at the Initial Response to Report of the Fact Finding Mission on Gaza (PDF here)

Under the category Misstatements of law:

o The description of Israel's military courts system (¶1599-1600) contains numerous errors and inaccuracies. For example, its description of the appeals process relies on provisions which were amended in 2004 and are no longer in force today.

o In support of its assertion that the Gaza Strip is to be regarded as occupied territory, even following the withdrawal of all Israeli forces and all 9000 Israeli civilians in the Disengagement Initiative in 2005, the Report cites as authority UN Security Council Resolution 1860 (footnote 163 to ¶277). But this resolution makes no such assertion. In fact, in the negotiations prior to the adoption of this resolution, a Libyan draft which sought to insist that Gaza was still occupied was specifically not adopted by the members of the Security Council.

Keep in mind that this is from an initial response--the fact that 2 mistakes are documented does not mean that there are not others.

The first error raises the question as to just what sources the Goldstone Commission is using--and this is only one error of many in terms of Israeli law.

And apparently the Commission is having no better luck when it comes to International Law. The fact that a specific reference is being given which does not say what the Commission is claiming again raises question of just how careful they are being with the facts.

There are other kinds of flaws in the Report as well.

See also: Goldstone Report: Errors of Fact
See also: Goldstone Report: Did The Commission Even Read Their Own Report?
See also: Goldstone Report: Making It Up As It Goes Along
See also: Goldstone Report: Doubts That Israel Will Carry Out Investigations Already Under Way
See also: Goldstone Report: More Under-Handed Than Even-Handed

Crossposted on Soccer Dad

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1 comment:

ValeriusS. said...

There is a very interesting and highly relevant commentary on how Palestinians are going to make political capital out of the Goldstone report: