The inevitable attack on the goldstone commission
by Kevin Jon Heller
(source:Opinio Juris-Blog Archive)
Although often critical of Israel, I have always been sympathetic to Israeli claims that the UN Human Rights Council has deliberately appointed individuals to investigate conditions in the Palestinian territories who were either actually biased against Israel or who at least could not avoid the appearance of bias. I was completely opposed, for example, to the HRC’s decision to appoint Richard Falk a Special Rapporteur on “the situation of human rights in the Palestinian territories occupied since 1967.”
The Goldstone Commission, however, is a different kettle of fish entirely. Justice Goldstone is, to put it mildly, one of the most eminent international lawyers in the world — a judge for nine years on the Constitutional Court of South Africa; the first Chief Prosecutor of the ad hoc Tribunals; a member of the international panel appointed by Argentina to investigate Nazi activity in the country since 1938; the chairperson of the international inquiry into Kosovo; and so on. He is also Jewish and a trustee of Hebrew University in Israel. So it is difficult to plausibly maintain that he is biased against Israel — particularly given that one of his first acts after being appointed by the HRC to investigate Operation Cast Lead was to publicly announce that he would not abide by HRC Res. S-9/1’s indefensible request to limit the fact-finding mission to Israel’s war crimes, but would investigate Hamas’s war crimes, as well.
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