Goldstone was well briefed about the first evidence of uranium weapons, (page 198-199, paras 911, 912) but starved of official radiation assessments by IAEA and UNEP. He knew he had a poison chalice - a catalogue of war crimes that may yet become genocide - particularly if Israel has used large quantitis of radioactive weapons in Gaza. They must have used some from my data. But how many and where only the IDF and their weapons
advisers know.

The Goldstone report stayed with tight focus on the most blatant and unambiguously documented attrocities - from both sides. He focussed on the art of the essential and the possible - to insist that Israel and the Palestine / Gaza authorities should pursue their own, thorough legal investigations without further delay. In accordance with international law this is an essential first step before possible referral to the International Criminal Court.

But Justice Goldstone did not exactly hide more sinister crimes i.e. the suspected use of uranium or other radioactive weapons. He reported the data he was given - by Chris Busby and myself (RE: 2 samples from Gaza with traces of low enriched uranium) and the allegations he received of suspected depleted uranium contamination from Jean-Francois Fechino (but without data).

Two uranium samples were not enough to go into battle with, risking a diversion from the primary and unambiguous attrocities of targetting civilians and using inhumane weapons like flechettes and phosphorus, or indiscriminate rocket attacks on civilian areas. These are allegations that the Israel Government and Hamas cannot avoid.

Regarding the suspected use of uranium weapons the Goldstone Inquiry did the best it could - in the absence of thorough environmental assessments for uranium or other radioactive materials by UNEP or the IAEA.

Goldstone recommended in plain language that independent environmental assessments for all varities of heavy metals i.e. including tungsten and all varieties of uranium - depleted,
undepleted, or enriched should be conducted with full transparency. See recommendations on page 428, para 1975 (e) as follows:

(e) In view of the allegations and reports about long-term environmental damage that may have been created by certain munitions or debris from munitions, the Mission recommends that a programme of environmental monitoring should take place under the auspices of the United Nations, for as long as deemed necessary. The programme should include the Gaza Strip and areas within southern Israel close to impact sites. The environmental monitoring programme should be in accordance with the recommendations of an independent body, and samples and analyses should be analysed by one or more independent expert institutions. Such recommendations, at least at the outset, should include measurement mechanisms which address the fears of the population of Gaza and southern Israel at this time and should at a minimum be in a position to determine the presences of heavy metals of all varieties, white phosphorous, tungsten micro-shrapnel and granules and such other chemicals as may be revealed by the investigation.

The action now passes back to the independent researchers and campaigners to obtain or publish more evidence about uranium contamination in Gaza. And when we do Justice Goldstone set a
higher standard of precision in our allegations than Peter Eyre or the ICBUW. The Goldstone report. On pages 21 and 198 the report refers to the full range of uranium weapons:

"Allegations regarding the use of depleted and non-depleted uranium munitions by the Israeli armed forces."

Depleted uranium was used in armour piercing ammunition but there has been little operational reason to use it since anti-tank operations in Iraq in 2003. Depleted uranium is easily identified in laboratory tests by its abnormal isotopic ratio (less than 0.3% U235). This feature has been used by the UNEP to deny the use of depleted uranium in bombs or missiles in Afghanistan, Iraq or Lebanon, and for the IAEA to deny its use in Israeli bombs used in Syria in 2007.

All the reported uranium contamination in airborne dust and soil, water or urine samples from heavily bombed locations in the Balkans (1999) Afghanistan (2002) Iraq (2003) Lebanon (2006) Syria (2007) and Gaza (2009) has been undepleted or low enriched uranium - NOT depleted.

Thank you Justice Goldstone for understanding the Busby/Williams submission. Please Peter Eyre and all uranium weapons researchers and campaigners - STOP referring to depleted uranium in bombs or missiles. It is as misleading as the UNEP interpretation that 26x normal levels of undepleted uranium in a bomb crater in Khiam proved that depleted uranium weapons were not used by Israel in Lebanon in 2006.

The Goldstone team were an epic example of courage and integrity in investigation and recommendations of alleged war crimes. They faced an ongoing tirade of abuse from pro-Israel propaganda sources. They also had zero support from UNEP, the IAEA, or subsequently the US or the UK governments. For a preliminary international war crime investigation these abuses of the Goldstone mission were outrageous. They will be called to account by history even if we lack the courage or resources to do so yet.

So - the Goldstone Mission gets my unqualified support and gratitude for doing the best they could for the people of Gaza. Ask what you and I can do next to pursue the needs of the people of Gaza, and neighbouring communities in Israel and Egypt.

I wouldn't criticise the Goldstone Fact Finding Mission for actions they were not resourced to do. I do look forward keenly ro know how others are planning to act.

Dai Williams

~~~

House Resolution 867:

IN THE HOUSE OF REPRESENTATIVES
OCTOBER 23, 2009
Ms. ROS-LEHTINEN (for herself, Mr. BERMAN, Mr. BURTON of Indiana, and Mr. ACKERMAN) submitted the following resolution; which was referred to the Committee on Foreign Affairs

RESOLUTION

Calling on the President and the Secretary of State to oppose unequivocally any endorsement or further consideration of the ‘‘Report of the United Nations Fact Finding Mission on the Gaza Conflict’’ in multilateral fora.

Whereas, on January 12, 2009, the United Nations Human Rights Council passed Resolution A/HRC/S–9/L.1, which authorized a ‘‘fact-finding mission’’ regarding Israel’s conduct of Operation Cast Lead against violent militants in the Gaza Strip between December 27, 2008, and January 18, 2009;

Whereas the resolution pre-judged the outcome of its investigation, by one-sidedly mandating the ‘‘fact-finding mission’’ to ‘‘investigate all violations of international human rights law and International Humanitarian Law by . . . Israel, against the Palestinian people . . . particularly in the occupied Gaza Strip, due to the current aggression’’;

Whereas the mandate of the ‘‘fact-finding mission’’ makes no mention of the relentless rocket and mortar attacks, which numbered in the thousands and spanned a period of eight years, by Hamas and other violent militant groups in Gaza against civilian targets in Israel, that necessitated Israel’s defensive measures;

Whereas the ‘‘fact-finding mission’’ included a member who, before joining the mission, had already declared Israel guilty of committing atrocities in Operation Cast Lead by signing a public letter on January 11, 2009, published in the Sunday Times, that called Israel’s actions ‘‘war crimes’’;

Whereas the mission’s flawed and biased mandate gave serious concern to many United Nations Human Rights Council Member States which refused to support it, including Bosnia and Herzegovina, Cameroon, Canada, France, Germany, Italy, Japan, the Netherlands, the Republic of Korea, Slovakia, Slovenia, Switzerland, Ukraine, and the United Kingdom of Great Britain and Northern Ireland;

Whereas the mission’s flawed and biased mandate troubled many distinguished individuals who refused invitations to head the mission;

Whereas, on September 15, 2009, the ‘‘United Nations Fact Finding Mission on the Gaza Conflict’’ released its report;

Whereas the report repeatedly made sweeping and unsubstantiated determinations that the Israeli military had deliberately attacked civilians during Operation Cast Lead;

Whereas the authors of the report, in the body of the report itself, admit that ‘‘we did not deal with the issues . . . regarding the problems of conducting military operations in civilian areas and second-guessing decisions made by soldiers and their commanding officers ‘in the fog of war.’ ’’;

Whereas in the October 16th edition of the Jewish Daily Forward, Richard Goldstone, the head of the ‘‘United Nations Fact Finding Mission on the Gaza Conflict’’, is quoted as saying, with respect to the mission’s evidence collection methods, ‘‘If this was a court of law, there would have been nothing proven.’’;

Whereas the report, in effect, denied the State of Israel the right to self-defense, and never noted the fact that Israel had the right to defend its citizens from the repeated violent attacks committed against civilian targets in southern Israel by Hamas and other Foreign Terrorist Organizations operating from Gaza;

Whereas the report largely ignored the culpability of the Government of Iran and the Government of Syria, both of whom sponsor Hamas and other Foreign Terrorist Organizations;

Whereas the report usually considered public statements made by Israeli officials not to be credible, while frequently giving uncritical credence to statements taken from what it called the ‘‘Gaza authorities’’, i.e. the Gaza leadership of Hamas;

Whereas, notwithstanding a great body of evidence that Hamas and other violent Islamist groups committed war crimes by using civilians and civilian institutions, such as mosques, schools, and hospitals, as shields, the report repeatedly downplayed or cast doubt upon that claim;

Whereas in one notable instance, the report stated that it did not consider the admission of a Hamas official that Hamas often ‘‘created a human shield of women, children, the elderly and the mujahideen, against [the Israeli military]’’ specifically to ‘‘constitute evidence that Hamas forced Palestinian civilians to shield military objectives against attack.’’;

Whereas Hamas was able to significantly shape the findings of the investigation mission’s report by selecting and prescreening some of the witnesses and intimidating others, as the report acknowledges when it notes that ‘‘those interviewed in Gaza appeared reluctant to speak about the presence of or conduct of hostilities by the Palestinian armed groups . . . from a fear of reprisals’’;

Whereas even though Israel is a vibrant democracy with a vigorous and free press, the report of the ‘‘fact-finding mission’’ erroneously asserts that ‘‘actions of the Israeli government . . . have contributed significantly to a political climate in which dissent with the government and its actions . . . is not tolerated’’;

Whereas the report recommended that the United Nations Human Rights Council endorse its recommendations, implement them, review their implementation, and refer the report to the United Nations Security Council, the Prosecutor of the International Criminal Court, and the United Nations General Assembly for further action;

Whereas the report recommended that the United Nations Security Council—

(1) require the Government of Israel to launch further investigations of its conduct during Operation Cast Lead and report back to the Security Council within six months;

(2) simultaneously appoint an ‘‘independent committee of experts’’ to monitor and report on any domestic legal or other proceedings undertaken by the Government of Israel within that six-month period; and

(3) refer the case to the Prosecutor of the International Criminal Court after that six-month period;

Whereas the report recommended that the United Nations General Assembly consider further action on the report and establish an escrow fund, to be funded entirely by the State of Israel, to ‘‘pay adequate compensation to Palestinians who have suffered loss and damage’’ during Operation Cast Lead;

Whereas the report ignored the issue of compensation to Israelis who have been killed or wounded, or suffered other loss and damage, as a result of years of past and continuing rocket and mortar attacks by Hamas and other violent militant groups in Gaza against civilian targets in southern Israel;

Whereas the report recommended ‘‘that States Parties to the Geneva Conventions of 1949 start criminal investigations [of Operation Cast Lead] in national courts, using universal jurisdiction’’ and that ‘‘following investigation, alleged perpetrators should be arrested and prosecuted’’;

Whereas the concept of ‘‘universal jurisdiction’’ has frequently been used in attempts to detain, charge, and prosecute Israeli and United States officials and former officials in connection with unfounded allegations of war crimes and has often unfairly impeded the travel of those individuals;

Whereas the State of Israel, like many other free democracies, has an independent judicial system with a robust investigatory capacity and has already launched numerous investigations, many of which remain ongoing, of Operation Cast Lead and individual incidents therein;

Whereas Libya and others have indicated that they intend to further pursue consideration of the report and implementation of its recommendations by the United Nations Security Council, the United Nations General Assembly, the United Nations Human Rights Council, and other multilateral fora;

Whereas the President instructed the United States Mission to the United Nations and other international organizations in Geneva to vote against resolution A–HRC–S–12–1, which endorsed the report and condemned Israel, at the special session of the Human Rights Council held on October 15–16, 2009;

Whereas, on September 30, 2009, Secretary of State Hillary Clinton described the mandate for the report as ‘‘onesided’’;

Whereas, on September 17, 2009, Ambassador Susan Rice, United States Permanent Representative to the United Nations, expressed the United States’ ‘‘very serious concern with the mandate’’ and noted that the United States views the mandate ‘‘as unbalanced, one-sided and basically unacceptable’’;

Whereas the ‘‘Report of the United Nations Fact Finding Mission on the Gaza Conflict’’ reflects the longstanding, historic bias at the United Nations against the democratic, Jewish State of Israel;

Whereas the ‘‘Report of the United Nations Fact Finding Mission on the Gaza Conflict’’ is being exploited by Israel’s enemies to excuse the actions of violent militant groups and their state sponsors, and to justify isolation of and punitive measures against the democratic, Jewish State of Israel;

Whereas, on October 16, 2009, the United Nations Human Rights Council voted 25–6 (with 11 states abstaining and 5 not voting) to adopt resolution A–HRC–S–12–1, which endorsed the ‘‘Report of the United Nations Fact Finding Mission on the Gaza Conflict’’ and condemned Israel, without mentioning Hamas, other such violent militant groups, or their state sponsors; and

Whereas efforts to delegitimize the democratic State of Israel and deny it the right to defend its citizens and its existence can be used to delegitimize other democracies and deny them the same right: Now, therefore, be it Resolved, That the House of Representatives—

(1) considers the ‘‘Report of the United Nations Fact Finding Mission on the Gaza Conflict’’ to be irredeemably biased and unworthy of further consideration or legitimacy;

(2) supports the Administration’s efforts to combat anti-Israel bias at the United Nations, its characterization of the ‘‘Report of the United Nations Fact Finding Mission on the Gaza Conflict’’ as ‘‘unbalanced, one-sided and basically unacceptable’’, and its opposition to the resolution on the report;

(3) calls on the President and the Secretary of State to continue to strongly and unequivocally oppose any endorsement of the ‘‘Report of the United Nations Fact Finding Mission on the Gaza Conflict’’ in multilateral fora;

(4) calls on the President and the Secretary of State to strongly and unequivocally oppose any further consideration of the ‘‘Report of the United Nations Fact Finding Mission on the Gaza Conflict’’ and any other measures stemming from this report in multilateral fora; and

(5) reaffirms its support for the democratic, Jewish State of Israel, for Israel’s security and right to self-defense, and, specifically, for Israel’s right to defend its citizens from violent militant groups and their state sponsors.

~~~

Goldstone's reply:

The Honorable Howard Berman
Chairman, House Committee on Foreign Affairs
The Honorable Ileana Ros-Lehtinen
Ranking Member, House Committee on Foreign Affairs

October 29, 2009

Dear Chairman Berman and Ranking Member Ros-Lehtinen,

It has come to my attention that a resolution has been introduced in the Unites States House of Representatives regarding the United Nations Fact Finding Mission on the Gaza Conflict, which I led earlier this year.

I fully respect the right of the US Congress to examine and judge my mission and the resulting report, as well as to make its recommendations to the US Executive branch of government.

However, I have strong reservations about the text of the resolution in question – text that includes serious factual inaccuracies and instances where information and statements are taken grossly out of context.

I undertook this fact-finding mission in good faith, just as I undertook my responsibilities vis à vis the South African Standing Commission of Inquiry Regarding Public Violence and Intimidation, the International War Crimes Tribunal on the former Yugoslavia, the International Criminal Tribunal for Rwanda, the International Panel of the Commission of Enquiry into the Activities of Nazism in Argentina, the Independent International Commission on Kosovo, and the Volker Committee investigation into the UN’s Iraq oil-for-food program in 2004/5.

I hope that you, in similar good faith, will take the time to consider my comments about the resolution and, as a result of that consideration, make the necessary corrections.

Whereas clause #2: “Whereas, on January 12, 2009, the United Nations Human Rights Council passed Resolution A/HRC/S-9/L.1, which authorized a `fact-finding mission' regarding Israel's conduct of Operation Cast Lead against violent militants in the Gaza Strip between December 27, 2008, and January 18, 2009;”

This whereas clause ignores the fact that I and others refused this original mandate, precisely because it only called for an investigation into violations committed by Israel. The mandate given to and accepted by me and under which we worked and reported reads as follows:

". . .to investigate all violations of international human rights law and international humanitarian law that might have been committed at any time in the context of the military operations that were conducted in Gaza during the period from 27 December 2008 and 18 January 2009, whether before, during or after".

Whereas clause #2: “Whereas the resolution pre-judged the outcome of its investigation, by onesidedly mandating the `fact-finding mission' to `investigate all violations of international human rights law and International Humanitarian Law by . . . Israel, against the Palestinian people . . . particularly in the occupied Gaza Strip, due to the current aggression'”

This whereas clause ignores the fact that the expanded mandate that I demanded and received clearly included rocket and mortar attacks on Israel and as the report makes clear was so interpreted and implemented. It was the report carried out under this broadened mandate – not the original, rejected mandate – that was adopted by the Human Rights Council and that included the serious findings made against Hamas and other militant Palestinian groups.

Whereas clause #3: “Whereas the mandate of the `fact-finding mission' makes no mention of the relentless rocket and mortar attacks, which numbered in the thousands and spanned a period of eight years, by Hamas and other violent militant groups in Gaza against civilian targets in Israel, that necessitated Israel's defensive measures;”

This whereas clause is factually incorrect. As noted above, the expanded mandate clearly included the rocket and mortar attacks. Moreover, Chapter XXIV of the Report considers in detail the relentless rocket attacks from Gaza on Israel and the terror they caused to the people living within their range. The resulting finding made in the report is that these attacks constituted serious war crimes and possibly crimes against humanity.

Whereas clause #4: “Whereas the `fact-finding mission' included a member who, before joining the mission, had already declared Israel guilty of committing atrocities in Operation Cast Lead by signing a public letter on January 11, 2009, published in the Sunday Times, that called Israel's actions `war crimes';”

This whereas clause is misleading. It overlooks, or neglects to mention, that the member concerned, Professor Christine Chinkin of the London School of Economics, in the same letter, together with other leading international lawyers, also condemned as war crimes the Hamas rockets fired into Israel.

Whereas clause 5: “Whereas the mission's flawed and biased mandate gave serious concern to many United Nations Human Rights Council Member States which refused to support it, including Bosnia and Herzegovina, Cameroon, Canada, France, Germany, Italy, Japan, the Netherlands, the Republic of Korea, Slovakia, Slovenia, Switzerland, Ukraine, and the United Kingdom of Great Britain and Northern Ireland;”

This whereas clause is factually incorrect. The mandate that was given to the Mission was certainly not opposed by all or even a majority of the States to which reference is made. I am happy to provide further details if necessary.

Whereas clause #6: “Whereas the mission's flawed and biased mandate troubled many distinguished individuals who refused invitations to head the mission;”

This whereas clause is factually incorrect. The initial mandate that was rejected by others who were invited to head the mission was the same one that I rejected. The mandate I accepted was expanded by the President of the Human Rights Council as a result of conditions I made.

Whereas clause #8: “Whereas the report repeatedly made sweeping and unsubstantiated determinations that the Israeli military had deliberately attacked civilians during Operation Cast Lead;”

This whereas clause is factually incorrect. The findings included in the report are neither "sweeping” nor “unsubstantiated” and in effect reflect 188 individual interviews, review of more than 300 reports, 30 videos and 1200 photographs. Additionally, the body of the report contains a plethora of references to the information upon which the Commission relied for our findings.

Whereas clause #9: “Whereas the authors of the report, in the body of the report itself, admit that `we did not deal with the issues . . . regarding the problems of conducting military operations in civilian areas and second-guessing decisions made by soldiers and their commanding officers `in the fog of war.';”

This whereas clause is misleading. The words quoted relate to the decision we made that it would have been unfair to investigate and make finding on situations where decisions had been made by Israeli soldiers "in the fog of battle". This was a decision made in favor of, and not against, the interests of Israel.

Whereas clause #10: ‘Whereas in the October 16th edition of the Jewish Daily Forward, Richard Goldstone, the head of the `United Nations Fact Finding Mission on the Gaza Conflict', is quoted as saying, with respect to the mission's evidence-collection methods, `If this was a court of law, there would have been nothing proven.'”

The remark as quoted is both inaccurate and taken completely out of context. What I had explained to The Forward was that the Report itself would not constitute evidence admissible in court of law. It is my view, as jurist, that investigators would have to investigate which allegations they considered relevant. That, too, was why we recommended domestic investigations into the allegations.

Whereas clause #11: “Whereas the report, in effect, denied the State of Israel the right to selfdefense, and never noted the fact that Israel had the right to defend its citizens from the repeated violent attacks committed against civilian targets in southern Israel by Hamas and other Foreign Terrorist Organizations operating from Gaza;”

It is factually incorrect to state that the Report denied Israel the right of self-defense. The report examined how that right was implemented by the standards of international law. What is commonly called ius ad bellum, the right to use military force was not considered to fall within our mandate. Israel’s right to use military force was not questioned.

Whereas clause #12: “Whereas the report largely ignored the culpability of the Government of Iran and the Government of Syria, both of whom sponsor Hamas and other Foreign Terrorist Organizations;”

This whereas clause is misleading. Nowhere that I know of has it ever been suggested that the Mission should have investigated the provenance of the rockets. Such an investigation was never on the agenda, and in any event, we would not have had the facilities or capability of investigating these allegations. If the Government of Israel has requested us to investigate that issue I have no doubt that we have done our best to do so.

Whereas clause #14: “Whereas, notwithstanding a great body of evidence that Hamas and other violent Islamist groups committed war crimes by using civilians and civilian institutions, such as mosques, schools, and hospitals, as shields, the report repeatedly downplayed or cast doubt upon that claim;”

This is a sweeping and unfair characterization of the Report. I hope that the Report will be read by those tasked with considering the resolution.

I note that the House resolution fails to mention that notwithstanding my repeated personal pleas to the Government of Israel, Israel refused all cooperation with the Mission. Among other things, I requested the views of Israel with regard to the implementation of the mandate and details of any issues that the Government of Israel might wish us to investigate.

This refusal meant that Israel did not offer any information or evidence it may have collected regarding actions by Hamas or other Palestinian groups in Gaza. Any omission of such information and evidence in the report is regrettable, but is the result of Israel’s decision not to cooperate with the Fact-Finding mission, not a decision by the mission to downplay or cast doubt on such information and evidence.

Whereas clause #15: “Whereas in one notable instance, the report stated that it did not consider the admission of a Hamas official that Hamas often `created a human shield of women, children, the elderly and the mujahideen, against [the Israeli military]' specifically to `constitute evidence that Hamas forced Palestinian civilians to shield military objectives against attack.';”

This whereas clause is misleading, since the quotation is taken out of context. The quotation is part of a section of the report dealing with the very narrow allegation that Hamas compelled civilians, against their will, to act as human shields. The statement by the Hamas official is repugnant and demonstrates an apparent disregard for the safety of civilians, but it is not evidence that Hamas forced civilians to remain in their homes in order to act as human shields. Indeed, while the Government of Israel has alleged publicly that Hamas used Palestinian civilians as human shields, it has not identified any cases where it claims that civilians were doing so under threat of force by Hamas or any other party.

Whereas clause #16: “Whereas Hamas was able to significantly shape the findings of the investigation mission's report by selecting and prescreening some of the witnesses and intimidating others, as the report acknowledges when it notes that `those interviewed in Gaza appeared reluctant to speak about the presence of or conduct of hostilities by the Palestinian armed groups . . . from a fear of reprisals';”

The allegation that Hamas was able to shape the findings of my report or that it pre-screened the witnesses is devoid of truth. I challenge anyone to produce evidence in support of it.

Sincerely,
Justice Richard J. Goldstone

¤ ¤ ¤ ¤ ¤

More here:
Goldstone Tells Congress That Resolution Misrepresents His Gaza Report and
Goldstone To U.S. Congress: Your Resolution Condemning Gaza Investigation Is Rife With Factual Errors

The above comment by Dai Williams has generously been brought to our attention by Sarah Meyer of INDEX RESEARCH

Photos:
http://zeitgeistpolitics.files.wordpress.com/2009/09/gaza.jpg?w=610&h=425
http://www.voltairenet.org/IMG/jpg/Goldstone-ground.jpg