The Goldstone report is not an International Court of Justice judgment. It is not a binding ruling.
Well this is nice and convenient. The only reason it is not binding is because the US blocked any further action (without commenting why - I don't think they even read it). To then use that as an excuse is deplorable and completely immoral. It would have been kicked up to the Hague long ago if it weren't for their get out of jail card.
Furthermore, it is deeply flawed. For example, it attempts to define Hamas security personnel as having civilian status when no reasonable application of the Geneva Conventions or their Protocols would support such a position.
Have you read the Geneva Convention? When a target is not holding a gun directed at the enemy, he is a non-combatant. When a target is not housed at a military target, he is a non-combatant. Even if the guy is Hamas, never mind Hamas's security. Israel didn't even bother to distinguish,
any difference between non combatants and combatants for the most part (the vast majority of the time).
And please provide plenty of examples because as I'm sure you are aware, the Goldstone report is long. A broad 'it's wrong because I say so' statement really doesn't cut it.
While the report makes good political fodder, it undermines international law with its novel interpretations.
Please give examples. It seems to me you're just spouting the official IDF propaganda. Who, just for the record, barely even carried out an investigation (as is the norm).
I would love to know how Richard Goldstone, one of the most respected judges in the entire world, has novel interpretations of international law? Do you even know of the man's credentials?
Again, are you just repeating what you have been spoon fed? Or can you provide specific examples? More broad statements really don't help your case.
With its politicized interpretations, it undermines the credibility of international law and the important principles of such law. The great tragedy is that even as the report purports to try to safeguard civilian protections, its overall impact is that it erodes protections that would otherwise be reinforced under a sound interpretation of international law.
Again I'm going to need some direct examples that show what you claim to be true.
I find it quite bare faced cheek for someone to claim that this law is being distorted when Israel themselves have tried to rewrite international law time and again.
Quick example, after '67, they said it was ok to acquire land through war, as long as you didn't start the war (which wasn't the case anyways). They repeated this time and again to the UN, who, quite correctly, completely disregarded the validity of that stance. All throughout their history they have continually tried to rewrite the laws of war and it seems now, so are you.
Or effectively legalising hostage taking, ('bargaining chips'.), kidnapping (they hold tens of thousands of political prisoners amongst others - including women and children), and torturing (Israel were the only country in the world to the best of my knowledge that ever legalised torture, lasting until roughly a decade ago).
Political assassinations, targeted assassinations, acts of terrorism and barbarism also... (the list is very long)
.
To hear someone who is obviously quite intelligent, claim that
Goldstone is the one distorting laws is really surprising to say the least (it is a complete reversal of the realities of the situation). You have a cheek to try to defame Goldstone's work, out of hand.
Needless to say, I am not in any way suggesting that Israel committed no wrongful acts. Indeed, there were accidents. At the same time, Israel is also investigating a number of potential abuses. Those are serious matters that deserve review.
Is this a joke? Accidents? They used human shields and then went on to spread lies that Hamas were the ones using human shields (I would love for you to ask me to prove this. I take great pleasure in cutting through propaganda). Israel cannot investigate themselves. This has been demonstrated time and time again - they don't even try. 'Israel is also investigating a number of potential abuses' is completely misleading, as Israel cannot investigate itself. This is an extensively documented fact and not even a controversial one outside of certain, tiny, circles.
The entire policy was about destroying Gaza life (what little was left of it). Their 'deterrence policy' of demoralising civilians into giving up any form of resistance - it has been employed since the massacre of 20,000 in Lebanon in '82 (most of whom were civilians).There were no military objectives. And the whole world knows it.
The only reason they got away with it is because the US dismissed, out of hand like you do, the validity of the report. It's disgusting for me to watch this take place.
Oh, and just to add:
'We used phosphorus fired in Gaza war'
Member of one of Palestinian groups says bombs fired on Israel contained material collected from shells which hit Strip during Operation Cast Lead
'We used phosphorus fired in Gaza war' - Israel News, Ynetnews
So there you have it - this was Israel's/US's white phosphorus just lobbed back over. Hardly surprising when you consider it must be hard to come by (only three countries, US, Israel and Canada have ever used it), except in a war-zone that was battered by it. Although now we'll have Israel's pretense for using it during the next slaughter. 'But they used it'...
And just for the record, it has been reported that the white phosphorus fired from Gaza was no more destructive than any other form of rocket, so I'm not even sure what is so controversial about this detail. Israel claims that its use was within the parameters of international law... has anyone even seen the size of Gaza? It's practically impossible to use the stuff in such a densely populated area with it not being a violation of international law...