Sunday, January 24, 2010

NYT: Israel official rebuttal on Goldstone Gaza report: Probe biased, flawed

(NewYorkTimes).The Israeli military is completing a rebuttal to a United Nations report accusing it of grave violations of international and humanitarian law in its Gaza invasion a year ago. Its central aim is to dispel the report’s harsh conclusion — that the death of noncombatants and destruction of civilian infrastructure were part of an official plan to terrorize the Palestinian population.

Two Palestinians returned to their destroyed homes near Gaza City last January following Israel's military offensive. The United Nations report said some 4,000 homes were destroyed.

The United Nations report, by a committee led by Richard Goldstone, an esteemed South African judge, was published in late September and called on Israel to carry out an independent investigation of its conduct of the three-week war.

Israel, which had refused to cooperate with the investigation, at first dismissed the report as unworthy of attention. But the government quickly found that the world took it quite seriously and found itself accused of premeditated war crimes. It now considers fighting that charge a priority.

“We face three major strategic challenges,” Prime Minister Benjamin Netanyahu said recently. “The Iranian nuclear program, rockets aimed at our civilians and Goldstone.”

The rebuttal will be given to United Nations officials in the coming weeks and its contents will remain under wraps until then. But officers involved in writing the report gave some details.

One concerned the destruction of Gaza’s sole flour mill. The Goldstone report asserts that the Bader flour mill “was hit by an airstrike, possibly by an F-16.” The Israeli investigators say they have photographic proof that this is false, that the mill was accidentally hit by artillery in the course of a firefight with Hamas militiamen.

The dispute is significant since the United Nations report asserts that “the destruction of the mill was carried out for the purpose of denying sustenance to the civilian population,” an explicit war crime.

A second finding concerned the destruction of a wastewater plant, leading to an enormous outflow of raw sewage. The Goldstone report contended that it was hit by a powerful Israeli missile in a strike that was “deliberate and premeditated.” The Israelis say they had nothing to do with that plant’s collapse and suggest that it may have been the result of Hamas explosives.

The two cases, along with the destruction of chicken coops, water wells, a cement plant and some 4,000 homes, are crucial building blocks in the Goldstone case that Israel set out to eliminate infrastructure so as to cause intense civilian suffering.

The report stated that “the destruction of food supply installations, water sanitation systems, concrete factories and residential houses was the result of a deliberate and systematic policy by the Israeli armed forces.” It added that Israel waged “a deliberately disproportionate attack designed to punish, humiliate and terrorize a civilian population, radically diminish its local economic capacity both to work and to provide for itself, and to force upon it an ever increasing sense of dependency and vulnerability.”

Maj. Gen. Avichai Mandelblit, the Israeli military advocate general, said in an interview that those assertions went beyond anything of which others had accused Israel.

“I have read every report, from Human Rights Watch, Amnesty International, the Arab League,” he said at his desk in the military’s Tel Aviv headquarters. “We ourselves set up investigations into 140 complaints. It is when you read these other reports and complaints that you realize how truly vicious the Goldstone report is. He made it look like we set out to go after the economic infrastructure and civilians, that it was intentional. It’s a vicious lie.”

Another senior military official who spoke on the condition of anonymity following regular military practice, said that neither the military command structure nor the government wanted to invade Gaza in December 2008, but felt that the continual rocket attacks by Hamas on Israeli civilians forced their hand. The war, he said, followed the least aggressive of three contemplated routes — conquer Gaza and occupy it again as was done in the West Bank in 2002, retake Hamas’s weapons supply routes and hold them to dry out the organization’s arsenal, or attack the Hamas military and state infrastructure and leave. It was the third that occurred.