Showing posts with label UN Human Rights Council. Show all posts
Showing posts with label UN Human Rights Council. Show all posts

Tuesday, September 22, 2009

Israel's Gaza Vindication

By Jackson Diehl

The Washington Post
September 21, 2009

When it was launched last December, Israel's invasion of the Gaza Strip looked to most people in Washington to be risky, counterproductive and doomed to futility. Not only pundits like me but senior officials of the Bush administration predicted that the Israeli army would not succeed either in toppling Gaza's Hamas government or in eliminating its capacity to launch missiles at Israeli cities. Instead it would subject the Jewish state to another tidal wave of international opprobrium and risk its relations with West Bank Palestinians and Egypt.

Mostly, we were right. But today, Operation Cast Lead, as the three-week operation is known in Israel, is generally regarded by the country's military and political elite as a success. The reasons for that are worth examining now that a new and even more hawkish Israeli government is weighing whether to flout Washington's prevailing opposition to a military attack on Iran.

Israel's satisfaction starts with a simple set of facts. Between April 2001 and the end of 2008, 4,246 rockets and 4,180 mortar shells were fired into Israel from Gaza, killing 14 Israelis, wounding more than 400 and making life in southern Israel intolerable. During what was supposed to be a cease-fire during the last half of 2008, 362 rockets and shells landed. Meanwhile, between late 2000 and the end of 2008, Israeli forces killed some 3,000 Gazans.

Since April there have been just over two dozen rocket and mortar strikes — or less than on many single days before the war. No one has been seriously injured, and life in the Israeli town of Sderot and the area around it has returned almost to normal. Israeli attacks in Gaza have almost ceased, too: Since the end of the mini-war, 29 Palestinians, two of whom were civilians, have been killed by Israeli action.


Hamas, of course, remains in power and unmoved in its refusal to recognize Israel. It is still holding an Israeli soldier who was abducted in 2006. It is still smuggling material for weapons through tunnels under the Egyptian border and, if it chose to, could resume rocket attacks on Israel at any time.

The point, however, is that Israel has bought itself a stretch of relative peace with Hamas, just as its costly 2006 invasion of Lebanon has produced three years of quiet on that front. From the Israeli perspective, a respite from conflict is the most that can be expected from either group — or from their mutual sponsor, Iran.

"They will never change their ideology of destroying Israel," a senior government official told me last week. "But you can deter them if they are convinced you are not afraid of fighting a war."

But what of the grievous Palestinian suffering in the invasion — Israel itself counted 1,166 dead Gazans, including more than 450 civilians — and the international backlash that has caused? Just last week a U.N. commission headed by South African jurist Richard Goldstone condemned what it called "a deliberately disproportionate attack designed to punish, humiliate and terrorize a civilian population," and suggested that responsible Israelis be hauled before the International Criminal Court on war crimes charges.


Israel's leaders worried a lot about losing the war that way. But as they see it, they suffered only scratches. Egypt, which quietly collaborates with Israel's blockade of Gaza, came under pressure to change its policy but held firm. No Arab country toughened its stance toward Israel: According to the Obama administration, as many as five may be willing to offer diplomatic and economic concessions if Israel freezes its West Bank settlement construction.

Perhaps most significant, Hamas's rival for Palestinian leadership, the West Bank-based Palestinian Authority, is considerably stronger than it was before the war. Probably it will renew peace talks with Israel within weeks. As for the Goldstone report, the heat it briefly produced last week will quickly dissipate; the panel was discredited from the outset because of its appointment by the grotesquely politicized U.N. Human Rights Council.

The Gaza invasion was the second military operation Israel embarked on in less than 18 months despite disapproval from Washington. The other was its bombing of a nuclear reactor under construction in Syria in September 2007. Then, too, officials in Washington feared a dire diplomatic backlash or even a war between Israel and Syria. Nothing happened.

As they quietly debate the pros and cons of launching a military attack on Iran's nuclear facilities, Israel's political and military leaders no doubt will be thinking about that history. That doesn't mean they will discount American objections — Iran would be a far harder and more complex target, with direct repercussions for U.S. troops and critical interests in the region. But, as with Gaza, even a partial and short-term reversal of the Iranian nuclear program may look to Israelis like a reasonable benefit — and the potential blowback overblown.

The Gaza Report’s Wasted Opportunity

By David Landau

The New York Times
September 20, 2009

Jerusalem - Israel intentionally went after civilians in Gaza — and wrapped its intention in lies.

That chilling — and misguided — accusation is the key conclusion of the United Nations investigation, led by Richard Goldstone, into the three-week war last winter. “While the Israeli government has sought to portray its operations as essentially a response to rocket attacks in the exercises of its right to self-defense,” the report said, “the mission considers the plan to have been directed, at least in part, at a different target: the people of Gaza as a whole.”

The report has produced a storm of outraged rejection in Israel. Politicians fulminate about double standards and anti-Semitism. Judge Goldstone, an eminent South African jurist and a Jew, is widely excoriated as an enemy of his people.

The report stunned even seasoned Israeli diplomats who expected no quarter from an inquiry set up by the United Nations Human Rights Council, which they believe to be deeply biased against Israel. They expected the military operation to be condemned as grossly disproportionate. They expected Israel to be lambasted for not taking sufficient care to avoid civilian casualties. But they never imagined that the report would accuse the Jewish state of intentionally aiming at civilians.

Israelis believe that their army did not deliberately kill the hundreds of Palestinian civilians, including children, who died during “Operation Cast Lead.” They believe, therefore, that Israel is not culpable, morally or criminally, for these civilian deaths, which were collateral to the true aim of the operation — killing Hamas gunmen.

It is, some would argue, a form of self-deception.

When does negligence become recklessness, and when does recklessness slip into wanton callousness, and then into deliberate disregard for innocent human life?

But that is the point — and it should have been the focus of the investigation. Judge Goldstone’s real mandate was, or should have been, to bring Israel to confront this fundamental question, a question inherent in the waging of war by all civilized societies against irregular armed groups. Are widespread civilian casualties inevitable when a modern army pounds terrorist targets in a heavily populated area with purportedly smart ordnance? Are they acceptable? Does the enemy’s deployment in the heart of the civilian area shift the line between right and wrong, in morality and in law?

These were precisely the questions that Israeli politicians and generals wrestled with in Gaza, as others do today in Afghanistan.

It is possible, and certainly arguable, that the Israeli policymakers, or individual Israeli field commanders in isolated instances, pushed the line out too far.

But Judge Goldstone has thwarted any such honest debate — within Israel or concerning Israel. His fundamental premise, that the Israelis went after civilians, shut down the argument before it began.

This is regrettable, for the report could have stirred the conscience of the nation. Many Israelis were dismayed at the war’s casualty figures, at the disparity between the dozen deaths on the Israeli side and the thousand-plus deaths, many of them of noncombatants, in Gaza.

Many Israelis were profoundly troubled by this arithmetic even though they supported Israel’s resort to arms in the face of incessant violation of their sovereign border by Hamas’s rain of rockets.

Judge Goldstone could have contended that just as Israeli leaders themselves have frequently called off pinpoint assassinations of terrorists because civilians were in the line of fire, so too they should have refrained from bombing and shelling Hamas targets in Gaza when that bombing and shelling was bound to exact a large civilian toll.

By approaching the Gaza war, and his report, from this perspective, Judge Goldstone could have opened debate and prompted reflection in Israel. Instead, by accusing Israel — its government, its army, its ethos — of deliberately seeking out civilians, he has achieved the opposite effect.

David Landau was the editor in chief of the Israeli newspaper Haaretz from 2004 to 2008.