During most of the 20th century international law was the “realm self help”. The most powerful nations in the world decided what international law was and then imposed it on weaker nations. No where was this more evident that the “victor’s justice” that was imposed on Germany and Japan following WW II. The victorious allies decided that the military and civilian leaders were responsible for war crimes and crimes against humanity, tried them, convicted them and imprisoned or executed them.
Following the founding of the UN, international law has become more codified through a series of treaties and judicial decisions, but it is clearly an evolving process. Under a UN Human Rights Committee mandate South African judge Richard Goldstone issued a report that found that there was credible evidence that Israel and Hamas committed war crimes and crimes against humanity during the 2008 Gaza war. He called upon the parties to conduct credible investigations within six months and, if they did not, that the cases be referred to the International Criminal Court (ICC).
The response of the US and other western countries indicates that we are returning to the “realm of self” where the powerful nations, the guys with the biggest guns, get to decide who is called to account.
When a case was brought in the UK against Israeli Defense Minister Ehud Barak, a UK court found that he could not be arrested since the alleged crimes were perpetrated in his role as a government minister. When I called my Congressman to request that he not support a House of Representatives resolution which demanded that the Obama administration oppose the Goldstone Report and any referral to the ICC, I was advised by his staff that prevailing opinion in Washington was that the behavior alleged by Goldstone was not the business of the international community and that Israel and Hamas were responsible for conducting their own investigations. (It certainly was the prevailing opinion as the resolution passed 336 – 34)
If this is the state of international law, western powers should have insisted that Slobodan Milosevic and Radavan Karadcic be investigated by Serbia and Republika Srpska and be given immunity from their crimes committed during the Balkan conflict based on their positions as government officials. Is it any wonder that emerging and third world countries accuse the US and other western powers of a double standard?
Showing posts with label Goldstone report. Show all posts
Showing posts with label Goldstone report. Show all posts
Wednesday, November 04, 2009
Thursday, September 17, 2009
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?.
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?.
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