War crimes in Gaza

This week the investigative report on the Gaza War requested by the United Nations Human Rights Council was released. The investigating commission, chaired by South African judge and prosecutor Richard Goldstone, found that there were violations of Human Rights Law and war crimes perpetrated by both Israel and Hamas. The report recommended that the case be submitted to the International Criminal Court for possible prosecution.
Since neither Hamas nor Israel are signatories to the ICC treaty, the referral would need to be made by the UN Security Council. Israel is counting on the US with its veto power to prevent this from happening. With this in mind, Israel has begun a diplomatic and public relations blitz.
They have accused Goldstone of being biased against Israel and complained that the commission only interviewed Palestinians and selected Israelis. This is a little disingenuous as Goldstone is a Jew and Israel refused to neither cooperate with the investigation nor allow the commission to interview Israeli officials.
Israel has also complained that the report contains more criticism of Israel than of Hamas. This might be expected on the ground of proportionality. During the three week war 1450 Palestinians, mostly civilians were killed while 13 Israelis, including 3 civilians, were killed. The claim that Hamas rocket fire threatened Israeli civilians and thus justified the war raises the larger question, unaddressed in any forum, of what rights to resist are available to a weak people faced with a brutal occupation and overwhelming military capability.
Israel’s diplomatic case with the US is raising two issues. One is that if Israel is held to account for its behavior is Gaza, the US might be held to account for its behavior in Iraq and Afghanistan. The other issue is that any limitations on military action would adversely affect the so called “war on terror”. Both of these issues might have resonated more with the Bush administration that the Obama administration.
If the report ends up in the Security Council, a likely outcome, the US will face a difficult dilemma. Do they support Israel and veto any referral to the ICC and send the message that it is business as usual? Does international law only apply to weak third world countries in Africa and the Middle East such as Sudan? Do western, first world, colonial powers get a pass? Or do they allow the complaint to go forward and risk a further split with Israel and the anger of the Israel lobby in Washington?.