Israel Matzav

Goldstone's double standard on intent

JPost publishes Alan Dershowitz's condensed summary of his 49-page magnum opus on the Goldstone Report. Here's part of what the Post published.

THE CENTRAL issue that distinguishes the conclusions the Goldstone Report reached regarding Israel, on the one hand, and Hamas, on the other, is intentionality. The report finds that the most serious accusation against Israel, namely the killing of civilians, was intentional (and deliberately planned at the highest levels). The report also finds that the most serious accusations made against Hamas, namely that their combatants wore civilian clothing to shield themselves from attack, mingled among the civilian populations and used civilians as human shields, was unintentional. These issues are, of course, closely related.

If it were to turn out that there was no evidence that Hamas ever operated from civilians areas, and that the IDF knew this, then the allegation that the IDF, by firing into civilian areas, deliberately intended to kill Palestinian civilians, would be strengthened. But if it were to turn out that the IDF reasonably believed that Hamas fighters were deliberately using civilians as shields, then this fact would weaken the claim that the IDF had no military purpose in firing into civilian areas. Moreover, if Hamas did use human shields then the deaths of Palestinian civilians would be more justly attributable to Hamas then to Israel.

Since intentionality, or lack thereof, was so important to the report's conclusions, it would seem essential that the report would apply the same evidentiary standards, rules and criteria in determining the intent of Israel and in determining the intent of Hamas.

Yet a careful review of the report makes it crystal clear that its writers applied totally different standards, rules and criteria in evaluating the intent of the parties to the conflict. The report resolved doubts against Israel in concluding that its leaders intended to kill civilians, while resolving doubts in favor of Hamas in concluding that it did not intend to use Palestinian civilians as human shields.

Moreover, when it had precisely the same sort of evidence in relation to both sides - for example, statements by leaders prior to the commencement of the operation - it attributed significant weight to the Israeli statements, while entirely discounting comparable Hamas statements. This sort of evidentiary bias, though subtle, permeates the entire report.

You'd think Goldstone was out to get us or something (he was).

Read the whole thing.

posted by Carl in Jerusalem @ 7:06 AM