Goldstone Report: Doubts That Israel Will Carry Out Investigations Already Under Way

It becomes more and more evident that the Goldstone Commission did not check out all of their facts--and is not even clear on the application of the International Law that it repeatedly praises.

Take a look at the Initial Response to Report of the Fact Finding Mission on Gaza (PDF here)

Under the category Ignoring the Israeli investigations underway:

The Report expresses doubt that Israel will “carry out genuine investigations” (¶ 122) and condemns Israel for “increasing unwillingness … to open criminal investigations” (¶ 1654). But as Israel publicly reported in July, there are scores of investigations now underway, including into many of the very incidents that the Report prejudges.[23] For example, the Military Advocate General is now awaiting the findings of field investigations into forty incidents involving deaths or injuries to civilians, and there are twenty three additional Military Police criminal investigations currently in process. These include investigations of incidents involving the alleged shooting of civilians carrying white flags and alleged use of civilians as human shields. Despite numerous public announcements about the conduct and findings of these investigations, the Report does not even acknowledge that such incidents are presently under review.

Footnote 23 enumerates the kinds of investigations the Israeli government has been doing on its own--without the Goldstone Commission:

Following the end of the Gaza Operation in January 2009, the Israel Defense Forces conducted five major "command investigations" in response to complaints and allegations raised regarding with five broad areas:

o allegations of attacks on UN facilities,
o allegations of attacks on medicalfacilities and staff
o incidents with a large number of civilian casualties
o use of munitions containing white phosphorus
o allegations regarding the destruction of private property for military needs

The findings of these investigations are currently being examined by the Military Advocate General in order to determine whether their findings give cause for the opening of criminal investigations by the Military Police. The conclusions and decisions of the Military Advocate General in this regard are subject to the review of Israel's Attorney General and the ultimate review of Israel's Supreme Court.

Within the framework of these five broad investigations, 20 specific incidents were examined including four incidents that appear in the Goldstone Report. In addition to these broad investigations, 80 other incidents have been investigated. Some of these investigations are the result of complaints directly presented to the Military Advocate General or to Israel's Attorney General by Israeli and international non-governmental organizations.

Four incidents that appear in the Goldstone report have already appeared in those reports and are currently under investigation within this framework.

Of the more than 100 incidents that have been investigated so far, 15 Military Police criminal investigations were opened almost immediately after their submission, without being referred to preliminary field investigations, since they dealt with suspected acts which were outside the course of operational military activities, such as the mistreatment of prisoners and theft. One case, thus far, dealing with theft, has already led, in July 2009, to an indictment and conviction. Recently, eight additional criminal investigations by the Military Police were ordered regarding matters more closely connected to "operational activities", including allegations of shooting towards civilians carrying white flags and directing flechette munitions towards civilians or civilian targets. Seven incidents that appear in the Goldstone report are currently under Military Police criminal investigation.

In a typical Military Police investigation, evidence is taken from Palestinian and other complainants who may have witnessed the events. In such cases, the investigative office of the Military Police approaches the complainant to assist in contacting potential witnesses. For example, the investigative office of the Military Police has approached human rights NGO's for assistance regarding currently ongoing cases.

Additionally, the investigative office of the Military Police has, via Israel's Ministry of Foreign Affairs, approached the Office of the High Commissioner for Human Rights to receive additional information regarding an incident where claims of use of human shields were raised. That incident remains under investigation.

Of course, it is easy to understand why the Goldstone Commission has such a low opinion of Israeli investigations: they render the Goldstone Commission irrelevant.
After all, who else was there for the Commission to investigate? Hamas??

See also: Goldstone Report: Errors of Fact

See also: Goldstone Report: Getting the Law Wrong
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: More Under-Handed Than Even-Handed

Technorati Tag: Goldstone Commission Report.