Richard Landes and Alan Dershowitz on Goldstone’s Gaza Report

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RICHARD LANDES: GOLDSTONE’S GAZA REPORT: PART ONE: A FAILURE OF INTELLIGENCE

The first part of this two-part article explores the pervasive flaws that mar the UNHRC’s “Gaza Fact-Finding Mission Report.” It focuses on an interlocking combination of problems: 1) its failure to investigate seriously the problem of Hamas embedding its war effort in the midst of civilians in order to draw Israeli fire and then accuse Israel of war crimes; 2) its astonishing credulity concerning all Palestinian claims, contrasted with a corresponding skepticism of all Israeli claims; 3) its harsh judgments on Israelis for war crimes (i.e., deliberate targeting of civilians), contrasted with its resolute agnosticism concerning Hamas intentions. The result is that Goldstone actually participates in Hamas’ strategy and encourages the sacrificing of their own civilians

INTRODUCTION[1]

In response to the Israeli attack on Gaza, Operation Cast Lead (December 27-January 18, 2009), several major NGOs and public figures called for an investigation. On April 3, 2009, the UN Human Rights Council (UNHRC) appointed a “Fact-Finding Mission.” The mission was made up of four members, including Hina Jilani, Desmond Travers, Christine Chinkin, and at its head, Richard Goldstone, former member of the South African Supreme Court and distinguished international jurist. On the basis of the animus of the founding organization (UNHRC) and the pervasive bias of the members of the team, Israel refused to cooperate with what some observers called “a kangaroo court.”[2] In May 2009, the mission met in Geneva. It later made two visits to Gaza (from June 1-5, 2009 and June 26-July 1, 2009), held further hearings in Geneva (in early July 2009), and eventually presented its findings to the UNHRC (first draft, 575 pages, September 15, 2009; final draft, 430 pages, September 25, 2009).

The report found both Israel and unspecified “Palestinian armed forces” guilty of “war crimes” and “possibly crimes against humanity.” It focused primarily on Israel, concluding that Israel had deliberately targeted civilians and sought to destroy the viable infrastructure of Gazan life, providing numerous detailed and specific cases of these crimes. The Goldstone Report constitutes the most high-level, extensive international indictment of Israel to date, and may play a significant role in the attempt to pursue Israel before various international judicial venues such as the International Criminal Court in the Hague.

The report met with instantaneous hostility from Israeli sources–even those normally quite critical of the Israel Defense Forces’ (IDF) behavior[3] –and with almost instantaneous approval from Palestinian sources, including Hamas.[4] It then became the focus of both UN and diplomatic struggles that involved the larger dynamics of peacemaking in the Middle East.[5] Goldstone has given numerous media interviews (Amanpour, Zakaria, al-Jazeera, Tikkun, and Moyers),[6] engaged in one quasi-debate (with Dore Gold at Brandeis University),[7] and visibly ducked another (with Alan Dershowitz at Fordham University, where Goldstone is a visiting professor).[8] On the one hand, critics have laid to bare the extensive flaws and emphasized the unintended negative consequences,[9] while on the other, supporters have hailed it as a major victory in the campaign to delegitimize the State of Israel in the world of public opinion and as a major source of diplomatic leverage.[10] “The Goldstone Report,” noted one pro-Palestinian writer, “represents the highest and most prestigious leverage of the Palestinian initiative throughout their 60 years of oppression…”[11]

There is perhaps no subject that embodies and sheds light on so many of the issues that torment the early twenty-first century, more than the Goldstone Report and its controversies. The report’s many and complex facets detail the dysfunctions of global public discourse, from the themes it explicitly addresses (universal human rights, international law of war, terrorism, asymmetrical warfare, the Arab-Israeli conflict), to its framework (politics of the UN Human Rights Council, reporting of the mainstream news media, the role of NGO research), to the dynamics of its reception in public discourse (critique, Israeli and Palestinian ambivalences, Western and UN politics, and Goldstone’s public appearances). Indeed, a close analysis of the report’s method and conclusions raises some of the fundamental cognitive issues of our time: religious and cultural discontinuities, scapegoating, cognitive egocentrism, post-modern epistemology, jihadi mentalities, antisemitism, and Jewish self-criticism. Anyone who understands the Goldstone report and its devastating ironies of content and impact gains a basic insight into how and why the very nations that have inaugurated modernity and globalization are losing a cognitive war with pre-modern forces.

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GOLDSTONE’S GAZA REPORT: PART TWO: A MISCARRIAGE OF HUMAN RIGHTS

The second part of this two-part article explores two main themes: 1) How journalists and human rights NGOs created the body of information Goldstone largely replicated, and 2) the role of intimidation and advocacy on journalists, NGO workers, witnesses, and judges. It concludes with an analysis of how such a systematic misrepresentation of events repeatedly occurred and the dangerous results for the very cause Goldstone espouses–the protection of civilians and the human rights culture.

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Alan Dershowitz has written a 45-page article dissecting the Goldstone report’s “evidentiary bias,” which he is submitting it as evidence to the Secretary General of the UN. It’s now up at Understanding the Goldstone Report :

THE CASE AGAINST THE GOLDSTONE REPORT: A STUDY IN EVIDENTIARY BIAS
BY ALAN DERSHOWITZ

I. INTRODUCTION

The Goldstone Report, when read in full and in context, is much worse than most of its detractors (and supporters) believe. It is far more accusatory of Israel, far less balanced in its criticism of Hamas, far less honest in its evaluation of the evidence, far less responsible in drawing its conclusion, far more biased against Israeli than Palestinian witnesses, and far more willing to draw adverse inferences of intentionality from Israeli conduct and statements than from comparable Palestinian conduct and statements. It is worse than any report previously prepared by any other United Nations agency or human rights group. As Major General Avichai Mandelblit, the advocate general of the Israeli Defense Forces, aptly put it:

“I have read every report, from Human Rights Watch, Amnesty International, the Arab League. We ourselves set up investigations into 140 complaints. It is when you read these other reports and complaints that you realize how truly vicious the Goldstone report is. He made it look like we set out to go after the economic infrastructure and civilians, that it was intentional: It’s a vicious lie.”

The Goldstone report is, to any fair reader, a shoddy piece of work, unworthy of serious consideration by people of good will, committed to the truth.

Most of the criticism and praise of the report has been based on its highly publicized and controversial conclusions, rather than on its methodology, analysis and substantive findings. The one statement Richard Goldstone has made, with which I agree, is that many of the report’s most strident critics have probably not read the entire report. But it is also true, though I have not heard the report’s biased author say this, that many of the report’s most vocal defenders and advocates have also not read it.

It is not surprising that so few of the report’s critics and supporters have actually made their way through its dense and repetitive texts. The version I originally read was 553 pages long plus appendices. There are 1223 footnotes, though many of its most critical statements are not well sourced. It is poorly written, obviously drafted by several different hands and without the benefit of a good overall editor. It is laden with internal inconsistencies, shoddy citations of authority, and overall poor craftsmanship. If a camel is a horse designed by a committee, this report lacks even the grace of a dromedary. Most of the commentary on the report, both pro and con, seems to be based on its somewhat sanitized summary and conclusion. Some of the worst mistakes are buried very deep in the report, many of the most serious ones toward the end.

Efforts are currently underway by supporters of the report to have governments, prosecutors, non-governmental organizations, religious groups and distinguished individuals sign on to the report, so as to give it the credibility it now lacks. No one should do so without reading the report in full-and without reading responsible criticisms (and defenses) of the report. I have read every word of the report and compared different sections. I have offered to debate Goldstone about its contents. He has refused, as he has generally refused to respond substantively to credible critics of the report. My offer to debate still stands. If he refuses, as I expect he will, let him at least respond to the serious legal, factual and moral criticisms contained in this study and others. As the head of the mission and the report’s most visible public defender, Goldstone has a public obligation to respond to responsible criticism, which to date, he has not done.

In the coming week, the Secretary-General of the United Nations will present a compilation of responses to the Goldstone Report. I am submitting this analysis for inclusion.

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Richard Landes and Alan Dershowitz on Goldstone’s Gaza Report

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AUTHOR

Richard Landes

Richard Allen Landes is an American historian and author, specializing in Millennialism. He retired from teaching history at Boston University in the Spring of 2015. He currently serves as the Chair of the Council of Scholars at SPME.

His work focuses on the role of religion in shaping and transforming the relationships between elites and commoners in various cultures. He has coined the expression "demotic religiosity," an orientation that prizes 1) equality before the law, 2) dignity of manual labor, 3) access to sacred texts and divinity for all believers, and 4) a prizing of moral integrity over social honor. Trained as a medievalist, his early work focused on the period around 1000 CE, a moment, in his opinion, of both cultural mutation (origins of the modern West), and intense apocalyptic and millennial expectations.

From 1995-2004, he directed the Center for Millennial Studies at Boston University which held annual conferences and published an online journal, Journal of Millennial Studies. This involvement refocused his work on millennialism the world over and in different time periods, and has resulted in the Encyclopedia of Millennialism and Millennial Movements, (Berkshire Reference Works; Routledge, NY, 2000); Heaven on Earth: The Varieties of the Millennial Experience (Oxford U. Press, 2011), and The Paranoid Apocalypse: A Hundred-Year Retrospective on the Protocols of the Elders of Zion (NYU Press, 2011).

His work on the apocalyptic currents that built up during the approach to 2000 has led him to focus on Global Jihad as an apocalyptic millennial movement, whose relationship to the internet may parallel that of Protestantism to printing, and whose active cataclysmic apocalyptic scenario (Destroy the world to save it), makes it potentially one of the most dangerous apocalyptic movements on record.

In addition to his courses on medieval history, he offered courses on

Europe and the Millennium,

Communications Revolutions from Language to Cyberspace

Honor-shame culture Middle Ages, Middle East

The Biblical origins of the Democracy.

In 2011, he is a fellow at the International Consortium on Research in the Humanities at Alexander University, Erlangen, Germany. There he is working on the study with which his medieval work first began, the history of the “sabbatical millennium” with its expectation of the messianic kingdom in the year 6000 from the creation of the world: While God Tarried: Demotic Millennialism from Jesus to the Peace of God, 33-1033.

In 2005 he launched a media-oversight project called The Second Draft in order to look at what the news media calls their “first draft of history.” Since January 2005 he has been blogging at The Augean Stables, a name chosen to describe the current condition of the Mainstream News Media (MSNM) in the West.

As a result of this work on the MSNM, he has come to understand the role of cognitive warfare in the campaign of apocalyptic Jihad against the West in the 21st century, and the abysmal record of the West in defending itself in this critical theater of War. He plans a book addressing these issues tentatively entitled They’re so Smart cause We’re so Stupid: A Medievalist’s Guide to the 21st Century. 

Books

  • Landes, Richard A.; Head, Thomas J. (eds.) (1987). Essays on the Peace of God : the church and the people in eleventh-century France. Waterloo, Ontario: Waterloo University. OCLC18039359.

  • Landes, Richard A.; Paupert, Catherine (trans.) (1991). Naissance d'Apôtre: Les origines de la Vita prolixior de Saint Martial de Limoges au XIe siècle. Turnhout, Belgium: Brepols. 9782503500454.

  • Landes, Richard A.; Head, Thomas J. (eds.) (1992). The Peace of God: social violence and religious response in France around the year 1000. Ithaca, N.Y: Cornell University Press. ISBN 080142741X.

  • Landes, Richard A. (1995). Relics, apocalypse, and the deceits of history: Ademar of Chabannes, 989-1034. Cambridge: Harvard University Press. ISBN 0674755308.

  • Landes, Richard A. (ed.) (2000). Encyclopedia of millennialism and millennial movements. New York: Routledge. ISBN 0415922461.

  • Landes, Richard A.; Van Meter, David C.; Gow, Andrew Sydenham Farrar (2003). The apocalyptic year 1000: religious expectation and social change, 950-1050. Oxford: Oxford University Press. ISBN 0195111915.

  • Landes, Richard A. (2011). Heaven on Earth: The Varieties of the Millennial Experience. Oxford: Oxford University Press.

  • Landes, Richard A.; Katz, Stephen (eds.). The Paranoid Apocalypse: A Hundred Year Retrospective on The Protocols of the Elders of Zion. New York: New York University Press.


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