Israel vs Gaza: no war crimes after all? - Main contents
There is no indication, after all, that Israel committed war crimes during the Israeli attacks on the Gaza Strip between 2008-2009. This is the latest conclusion of South African lawyer Richard Goldstone after reading an Israeli investigation of the matter.
By Johan van der Tol
The latest insights show that Mr Goldstone, who condemned Israel in an earlier report, has changed his mind. At the time, his report led to international condemnation of Israel and a preliminary investigation by the International Criminal Court in The Hague. Will his change of heart have political repercussions?
The International Criminal Court is investigating whether Israel and the Palestinians can be prosecuted for the war in Gaza, in which 1400 people lost their lives, the vast majority of them Palestinians. It was already doubtful that the court would actually prosecute anyone, but Mr Goldstone’s latest insights mean any indictment against Israel appears even more unlikely, says Radio Netherlands Worldwide’s international law expert Thijs Bouwknegt.
Small fry
“One of Goldstone’s recommendations was that if Israel or the Palestinian authorities, in this case Hamas, did not launch an investigation, the International Criminal Court should look into the case. However, because Israel has investigated a number of issues, the ICC no longer need intervene.”
The court only investigates in cases where the countries themselves have failed research cases of war crimes, explains Mr Bouwknegt. Israel refused to work with Mr Goldstone, because it found him too “biased”. But later the country did carry out an extensive investigation. The details of that report changed Mr Goldstone’s mind.
It seems unlikely to Thijs Bouwknegt that the Palestinians will be prosecuted by the ICC. The question is whether the court has the jurisdiction to do so. In addition it is difficult to prove war crimes and crimes against humanity. The court won’t be interested in “small fry”, such as Hamas fighters who fired rockets at Israeli villages.
European parliament
And then there is the international ticking off as a result of the Goldstone report. MEP Daniël van der Stoep of the Dutch anti-Islam Freedom Party wants the European Parliament to withdraw its condemnation of the Israeli offensive immediately. Geert Wilders’ Freedom Party is extremely pro-Israel.
Hans van Baalen, MEP for the Dutch ruling VVD party, backs the Freedom Party. “I agree with the Freedom Party that the Goldstone report was too one-sided and has now been undermined by the author himself. So the European Parliament resolution, which the VVD opposed, should be withdrawn.”
At the same time, Mr Van Baalen does not think this will happen as many MEPs have bound their names to the resolution. He thinks it would be a better idea to take another look at the attack on the Gaza Strip in the light of Mr Goldstone’s latest comments. “That way the old resolution is dumped and a new one is made. That might work. Although, the European Parliament is no friend of Israel.”
“Self-hating” Jew
Someone else who is no friend of Israel is pro-Palestinian activist Gretta Duisenberg, widow of the former Dutch president of the European Central Bank. She thinks Mr Goldstone was put under pressure to change his mind. “I know that Mr Goldstone was tormented. He was even called a self-hating Jew and was not allowed to attend the bar mitsvah of his own grandson. So he was put under incredible pressure.”
Mr Van Baalen does not think Mr Goldstone gave in to pressure. “He is a courageous man. He condemned the system in his country during the Apartheid regime.”
The Dutch government does not want to discard the Goldstone report for the time being. What if the Netherlands and the international community do distance themselves from it? Then the question remains whether it would have been better if Israel had cooperated with the investigation in the first place. That would probably have led to a more moderate report and less damage to Israel’s image.