One of the most striking phenomena in the Israel-Palestinian conflict is the way in which American support for Israel often threatens to be stronger than Israel’s support for itself. The latest demonstration of this phenomenon occurred on Tuesday the 5th of November 2009, when the House of Representatives voted on a resolution to reject the Goldstone report.
The Goldstone report is the product of a United Nations Human Rights’ Council-mandated fact-finding mission to Israel and the Gaza strip led by Justice Richard Goldstone. Goldstone’s team was asked to investigate the 22 day war in Gaza between December 2008 and January 2009. The original mandate mentioned only the possibility of war crimes committed by the Israeli Defense Force, but Justice Goldstone managed to convince the UN to widen it to include investigations of the conduct of both Israel and the Palestinian militants it was fighting. The team examined documents, visited sites of purported violence and spoke to witnesses. Israel disapproved of the mission and would not allow the team access to Israeli documents and witnesses, but Goldstone did manage to speak to the Israeli civilians most threatened by rockets launched from Gaza. Pulling the various sources of evidence together, he wrote a report in which he described some Israeli and Palestinian actions which could very well amount to war crimes, and encouraged both parties to conduct independent credible investigations of the events the report highlights.1
Israel’s official response to the report was to launch a campaign to convince the international community to reject it. But there are many Israeli cabinet ministers who do believe that Israel should establish an independent and credible committee to investigate their Defense Force’s actions in Gaza. Dan Meridor and Michael Eitan of the Likud Party and Avishai Braverman and Yitzhak Herzog of Labor have called for it.2 While they do not like the harsh tone of the report’s condemnation of their conduct, they do believe that an investigation is necessary to establish whether or not the Defense Force acted appropriately.
In fact, the Israeli cabinet never even discussed the report, since defense minister Ehud Barak prevented a security cabinet debate on the need for an investigation. He said that he was worried that an independent investigation would do damage to Israel in the international arena.3 So the ministers who did want an investigation felt sufficiently strongly about it to encourage it outside the context of a cabinet debate. Then there are also some Israeli human rights organisations, and the middle East branches of international human rights organisations, that called for such an investigation.4 According to a Geocartography Institute survey, 32% of Israeli citizens want such an investigation.5 The legal adviser to the Israeli Foreign Ministry, Alan Baker, warned that the Israeli government could not ignore the call by Goldstone and everyone else to institute an official governmental inquiry. He quite reasonably argued that, if indeed Israel has the substantive answers to the accusations leveled by Goldstone, then there is no reason to delay any further the establishment of such an inquiry.6
The official American response, as expressed at the United Nations General Assembly, was to claim that the Goldstone Report was biased against Israel, that it made sweeping legal conclusions and overreaching recommendations, and that it failed to adequately assign responsibility to Hamas for basing its operations in civilian-populated areas.7 The American delegation did not want the report to be passed onto the United Nations Security Council, which was the recommendation of the resolution against which they voted at the UN General Assembly. But while reluctant to discuss the report at the UN Security Council, the Obama administration did not reject the report completely. They still encouraged the Israeli government to set up an independent committee of inquiry to investigate the Defense Force, instead of simply having the military investigate itself.8
On the 5th of November, the House of Representatives voted 344 to 36 in favour of a resolution that condemned the Goldstone report as irredeemably biased and unworthy of further consideration or legitimacy. The resolution justified this condemnation with reference to passages from the report and more general concerns about a lack of objectivity in the process leading up to the report.9
Justice Goldstone issued a letter to the House Committee on Foreign Affairs, listing 16 examples of points in the house resolution that distorted or plainly misrepresented his report. He was happy for the house to assess the report, but the resolution included “serious factual inaccuracies and instances where information was taken grossly out of context.
One example of factual inaccuracy that he cited was that the resolution criticised the report for denying Israel the right to self-defense. The report in fact granted Israel the right to defend themselves, and even the right to defend themselves through military as opposed to diplomatic means. But the report examined how that right was implemented by the standards of international law. the resolution also condemned the report as stemming from a UN mandate that was biased against Israel. But Justice Goldstone extended the mandate of the mission before he accepted the appointment. Mary Robinson, the former UN High Commissioner for Human Rights, refused to lead the commission because of the biased original mandate. Once Goldstone extended the mandate, however, Robinson was comfortable with the mission and was terribly disappointed that her comments about the original mandate were being used to undermine the final report.11
Justice Goldstone would have been willing to brief the House of Representatives on the mission and the report, so that those who had not read it could get at least the factual content of the report straight, but he was not invited to testify, even though this is frequently done in difficult cases.
After declining to listen to the author of the report, and in the midst of concerns over the factual accuracy of the House resolution, the house overwhelmingly condemned the Goldstone report as irredeemably biased and unworthy of further consideration. The Obama administration, 32% of Israelis and some Israeli cabinet ministers and human rights organisations did not consider it to be unworthy of further consideration, since they wanted the events cited in the report to be investigated. So we are left with a situation where some members of the Israeli cabinet, 32% of Israelis and their human rights organisations call for an independent inquiry, and almost all members of the U.S. House of Representatives call for no support at all.
This will take some informed minds back to the reaction to the Clinton negotiations at Camp David in 2000 and the consequent Taba discussions. Arafat rejected the Camp David proposals of July 2000, which even Israeli delegates have since said they would have rejected if they had been the Palestinians.12
Following this, President Bill Clinton formulated a proposal that could serve as the foundation of an Israeli-Palestinian peace deal in December 2000. It addressed four issues: settlements, borders, Jerusalem and refugees. Without relating all the details here, both sides made some concessions and both sides registered some reservations. This is precisely the outcome that was announced by the White House spokesman on January 3rd, 2001. Former Israeli foreign minister, Shlomo Ben-Ami, did not want to call the Israeli document a list of reservations, but when challenged in a debate, he did admit that they submitted a document that contained the differences between their original positions and the Clinton parameters, and he admitted that it contained reasons for Israel’s wish to make a deal that fell short of the Clinton parameters. In his own words, “we have gone a very long way, we cannot go beyond that”.12 That is precisely what Yasser Arafat submitted; the differences between what international law entitled the Palestinians to have and the reasons why the Clinton parameters fell short of that. So whether they are called reservations or not, the parties registered the same sort of things.
Following this, they met again in Taba in January 2001 to discuss the reservations. When these discussions were not successful soon enough, the Israeli delegation withdrew. Shlomo Ben-Ami explained that they were weeks away from an election and needed to pull out if they did not want to commit political suicide. The then Israeli chief of staff, General Mofaz, said publically that the delegation was putting at risk the future of the state of Israel by assuming the Clinton parameters, and minister Haim Ramon commented that Shlomo Ben-Ami was ready to sell out the country for the sake of a Nobel Prize. There was, thus, a lot of political pressure on them to withdraw. This is the account of the Camp David and Taba negotiations that both the Palestinians and the Israeli delegates gave.12 In fact, even the New York Times reported on January 28 2001 that “”Senior Israeli and Palestinian officials concluded nearly a week of stop-and-start negotiations in Taba, Egypt, tonight by saying jointly that they have “never been closer to reaching” a final peace accord but lacked sufficient time to conclude one before the Israeli elections on Feb. 6.” Arguably, the greatest cause in the breakdown of negotiations was then that the new Israeli government did not see their way clear to continue the Taba talks after they came into power.
The American version of these negotiations has come to be known as the Dennis Ross interpretation, since it was strongly defended by Dennis Ross, who was one of the American delegates at the relevant talks. This version of events held that the negotiations fell apart because Arafat insisted that most Palestinian refugees should be permitted to return to the state of Palestine, and/or because he refused to accept the Israeli offer of 97% of the West bank. This version never mentioned the Israeli delegation’s reservations with the Clinton parameters, nor did it mention that negotiations ended because Israel withdrew; the whole story was constructed based on two of Arafat’s reservations and not even an accurate version of those.14
That is also one of the reasons why two of the articles in American media that did assign responsibility to both sides were heavily criticised.15 Assigning some responsibility for the breakdown to Israel, even if one acknowledges that the Palestinian delegation was in error too, is a seriously unacceptable thing to do in the United States, where a balanced view of the matter seems not to be encouraged. Neither is the tendency of negotiators to break ranks and admit that the U.S. was not unbiased. Aaron David Miller, a leading member of Clinton’s negotiating team, publicly acknowledged this some years later, drawing vicious criticism when he wrote, “Far too often, particularly when it came to Israeli-Palestinian diplomacy, our departure point was not what was needed to reach an agreement acceptable to both sides but what would pass with only one – Israel.” And “If we knew the gaps were too large (and we suspected they were), we should have resisted Barak’s pressure to go for a make-or-break summit and then blame the Palestinians when it failed. What we ended up doing was advocating Israel’s positions before, during and after the summit.16
Whether one thinks that the responsibility for the breakdown of negotiations rests with the Palestinians or with the Israelis is not really important here. If one wanted to be genuinely objective, then one would probably admit that both sides made some serious mistakes. But whoever one thinks is to blame, one at least has to acknowledge that the Dennis Ross interpretation, which is the version that most American media sources repeated at the time, is at best hopelessly incomplete and at worst simply false. Even the Israeli media did not dare give this account of events, since the Israeli public would have noticed that it differed substantially from the story that their own delegates told. Shlomo Ben-Ami, for example, wrote a book in which he tried to blame the breakdown on the Palestinians, but he could not deny that it was Israel that pulled out of negotiations, neither could he deny that Israel was not happy with the Clinton parameters, neither did he pretend that Arafat demanded right of return for all or even most refugees nor did he pretend that Arafat refused to accept 97% of the West bank.
The American delegates were so desperate to convey the point that the Palestinians were to blame, that they passed a story on to the American public that even Israeli delegates and media knew was not true. And this is just another case of American support for Israel threatening to be stronger than Israel’s support for itself.
These two examples are just two of the chapters in the long story of U.S. politicians’ exaltation of Israel as an object of worship and its accompanying demonisation of the Palestinians. And it is tragic that it is occurring in the context of a courageous effort on the part of some Israelis to break down these characterisations in order to facilitate a respectful atmosphere necessary for peace.
1… See the Goldstone Report here http://www2.ohchr.org/english/bodies/hrcouncil/specialsession/9/docs/UNFFMGC_Report.pdf
2… http://www.jewishreview.org/wire/Dilemma-for-Israel-in-Goldstone-inquiry
3… http://www.jpost.com/servlet/Satellite?cid=1255694852717&pagename=JPArticle%2FShowFull. http://www.haaretz.com/hasen/spages/1122327.html
4… B’Tselem’s executive director, Jessica Montell, thought that the report was biased against Israel, but argued that the biased statements could be proved wrong only during an independent investigation. http://www.jpost.com/servlet/Satellite?cid=1254163545977&pagename=JPost/JPArticle/ShowFull and http://www.btselem.org/English/Gaza_Strip/20091019_BTselem_position_on_the_Goldstone_commission_report.asp. Human Rights Watch argued that the Israeli Defense Force Investigation was not credible http://www.hrw.org/en/news/2009/04/23/israelgaza-israeli-military-investigation-not-credible. While some people criticise human rights organizations for being anti-Israel, others again claim that, since they receive financial support from some American corporations, they are not anywhere near as harsh on Israel as they would have been otherwise. So if they are condemned for bias by both sides, chance is good that they are doing their job reasonably objectively.
5… http://www.haaretz.com/hasen/spages/1122893.html
6… http://www.jpost.com/servlet/Satellite?cid=1255694838520&pagename=JPost%2FJPArticle%2FShowFull
7… http://zionism-israel.com/israel_news/2009/11/un-secy-general-to-send-goldstone.html
8… http://www.ynetnews.com/articles/0,7340,L-3786982,00.html and http://www.haaretz.com/hasen/spages/1122893.html.
9… http://www.haaretz.com/hasen/spages/1125593.html
10… A copy of Goldstone’s letter can be found here http://warincontext.org/2009/10/31/goldstone-vs-us-house-of-representatives/ More than 20 House representatives, led by Rep. Jim McDermott, did recognise that the House resolution was inaccurate, and asked that it be changed. For a copy of the letter, see http://www.house.gov/mcdermott/pr091103.shtml.
11… See her condemnation of governments’ use of her early statements to condemn the final report here http://www.theelders.org/media/news/accounting-gaza
12… See a debate between Norman Finkelstein and Shlomo Ben-Ami http://www.democracynow.org/2006/2/14/fmr_israeli_foreign_minister_shlomo_ben
13… New York Times, January 28, 2001, “Mideast Talks End With Gain But No Accord.”
14… See Dennis Ross’ book, The Missing Peace: The Inside Story of the Fight for Middle East Peace.
15… Hussein Agha and Robert Malley (who was a special assistant to president Clinton for Arab-Israeli affairs) wrote an article in the New York Review of Books called “Camp David: The Tragedy of Errors” in August 2001, Volume 48, Number 13. Deborah Sontag wrote ” Quest for Mideast Peace: How and Why It Failed” New York Times, July 26, 2001.
16… Aaron David Miller, “Israel’s Lawyer”, Washington Post, May 23, 2005. http://www.washingtonpost.com/wp-dyn/content/article/2005/05/22/AR2005052200883.html