by John M. Curtis
(310) 204-8700

Copyright Oct. 16, 2009
All Rights Reserved.

              Dealing a blow to the prospects of Middle East peace, the U.N. Human Rights Council voted to endorse a war crimes report by South African judge and international war crimes prosecutor Peter Goldstone, finding fault with both Palestinians and Israelis.  Goldstone, who investigated the 22-day Dec. 27, 2008 Gaza War, found that Israel indiscriminately used white phosphorous, an incendiary material used as a smokescreen for military operations.  While white phosphorous is not technically banned, it qualifies as a war crime when used indiscriminately.  Goldstone relied heavily on accusations leveled by London-based human rights group Amnesty International.  “Such extensive use o this weapon in Gaza’s densely populated residential neighborhoods is inherently indiscriminate,” said Amnesty International investigator Donatella Rovera, accusing Israel of war crimes.

            Israel went to war Dec. 27, 2008 to stop Hamas’ month-long rocket attacks on Southern Israel.  Responding with tanks and helicopter rocket fire, Israel moved deeply into the Gaza Strip to halt rocket attacks.  Examining the post war debris, British weapons expert Chris Cobb-Smith, part of a four-man Amnesty International team, found widespread use of white phosphorous-based weapons.  “White phosphorous is a weapon intended to provide a smokescreen for troop movements on the battlefields.  It is highly incendiary, air burst and its spread effect is such it should never be used in civilian areas,” concluded Cobb-Smith, transmitting his findings to Judge Goldstone.  Israel rejected Goldstone’s findings citing its surgical operation in Gaza to ferret out Hamas terrorists hiding in the civilian population.  With Hamas firing rockets, Israel acted in self-defense.

            Goldstone’s report assumes that widespread use of white phosphorous weapons constituted a war crime, yet there’s no evidence of Palestinian deaths from white phosphorous.  “The Israeli Army acted with silk gloves towards innocent [civilians],” said Israeli Interior Minister Eli Yishai, calling the Human Rights Council vote an “anti-Israeli decision.”  Goldstone’s report mandates a full Israeli investigation into war crimes and directs the Human Rights Council to transmit its findings to the International Criminal Court at The Hague for possible prosecution.  That would require a unanimous vote of the U.N. Security Council, where the veto-wielding U.S. would not let that happen.  While Goldstone concluded that both Israel and Palestinians engaged in war crimes, the burden falls on Israel.  Despite named in war crimes too, Palestinians heralded Goldstone’s findings.

            Goldstone’s report takes uses an ambiguous definition or “indiscriminate” and “illegal” use of white phosphorous weapons.  Seeking to root out rocket-firing Hamas terrorists, Israel used white phosphorous weapons to provide cover to soldiers in door-to-door combat operations.  “We saw streets and alleyways, littered with evidence of the use of white phosphorous, including still-burning wedges and the remnants of the shells and canisters fired by the Israeli army,” said Amnesty’s Cobb-Smith, serving as the basis for Goldstone’s conclusion that white phosphorous weapons were used by Israelis illegally.  Instead of admonishing Hamas for firing rockets and waging war, Goldstone thought he showed equanimity holding both Israel and Hamas responsible for war crimes.  Palestinian officials praised the U.N. Human Rights Council for holding Israel accountable for war crimes.

            Goldstone’s report does little to advance the peace process, instead highlighting intense anti-Israeli sentiment on the Security Council.  “The Palestinian Authority welcomes the decision of the U.N. Human Rights Council and we hope this we be followed by the U.N. Security Council to ensure such Israeli crimes are not repeated,” said Chief Palestinian Authority negotiator Saeb Erekat, a former communication deputy of Yasser Arafat.  Erekat, whose West Bank-based Palestinian Authority is at war with the Gaza-based Hamas, doesn’t condemn Hamas for firing missiles and waging war against Israel.  Goldstone’s report mentions nothing about the Palestinian civil war that currently blocks peace efforts.  Instead of pointing fingers at war crimes, Goldstone should spend his efforts bringing warring Palestinian factions together.  Blaming either side advances nothing.

            Palestinians officials from Gaza and the West Bank should work with Egyptian and U.N. officials to unify the Palestinian people.  As long as both sides remain divided, there’s little the U.N. or U.S. can do to advance the peace process.  If the U.N. wishes to ban white phosphorous weapons, it should work with Amnesty International and the Human Rights Council to bring it about.  Until then, human rights groups should stop passing judgments on legal battlefield weapons.  Pointing fingers at white phosphorous weapons while ignoring runaway missile attacks does neither side justice.  If Palestinians wish to avoid war crimes, they should rein in terrorists who fire missiles and wage war at their adversaries, inviting mass civilian casualties.  When the Israelis retaliate, Palestinian civilians should urge their leaders, including militants, to restrain from bringing more misery on innocent civilians.

John M. Curtis writes politically neutral commentary analyzing spin in national and global news.  He's editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.