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Pro & Con Defenders George Bisharat, Obama should back Goldstone report, San Francisco Chronicle, September 30, 2009
Pro & Con Defenders George Bisharat, Obama should back Goldstone report, San Francisco Chronicle, September 30, 2009
| George Bisharat, Obama should back Goldstone report, San Francisco Chronicle, September 30, 2009 |
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President Obama has placed restoration of the stature of the United States among his primary foreign policy goals. He has already achieved substantial progress in Europe, where polls indicate that he is widely admired. The president's June Cairo University speech also won praise in the Arab and Muslim worlds. Yet there are still no substantive policy changes implied by his inspiring words. Â Obama can solidify broader global respect by supporting the recommendations of the just-released Goldstone report in the U.N. Human Rights Council. Richard Goldstone, a former South African supreme court justice and chief prosecutor in the International Criminal Tribunals for Rwanda and the former Yugoslavia, led a mission to investigate allegations of war crimes in Gaza last winter (Dec. 27, 2008, through Jan. 19). The Goldstone mission concluded that, indeed, Israel and Hamas committed war crimes, and recommended that both parties be given six months to mount independent internal investigations. If they fail, the mission calls on the U.N. Security Council to refer the matter to the International Criminal Court. Much of the 575-page report documents Israeli violations of the laws of war surrounding the intense fighting of last winter. That is fair - the harm Israel caused to lives and property in Gaza vastly exceeded that inflicted by Hamas. Israel killed approximately 100 Palestinians for every Israeli who died, and destroyed vast swaths of private housing, industrial and agricultural facilities, and public infrastructure. Â We should also not quail at the Goldstone mission's recommendation that the Security Council refer the matter to the International Criminal Court, if Israel fails to comply. Enforcement of international law cannot only be for the losers of international conflicts; indeed, the legitimacy of international law depends on its universal application. Â George Bisharat is a professor at Hastings College of the Law and writes frequently on law and politics in the Middle East.
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