Over the weekend, the Washington Post editorialized against the Goldstone report, saying the document was a missed opportunity to examine the rules of modern-day warfare:
Asymmetrical wars, in which terrorists and insurgents deliberately mix among civilians, are the story of the 21st century so far — and there are no clear norms for managing the moral dilemmas they pose. Can a drone’s targeter knowingly expose civilians to injury if a terrorist leader is in range? How should a civilized army respond when its soldiers are mortared, or its own civilians exposed to rocket fire, from a position inside a schoolyard?
A commission appointed by the Human Rights Council to investigate Israel’s war with Hamas in Gaza last winter could have set an example of serious treatment of such issues. Headed by the respected South African jurist Richard Goldstone, the panel altered the one-sided mandate it received, so as to examine abuses by both Israel and Hamas during the three-week conflict.
But Israel refused to cooperate — and the Goldstone commission proceeded to make a mockery of impartiality with its judgment of facts. It concluded, on scant evidence, that "disproportionate destruction and violence against civilians were part of a deliberate policy" by Israel. At the same time it pronounced itself unable to confirm that Hamas hid its fighters among civilians, used human shields, fired mortars and rockets from outside schools, stored weapons in mosques, and used a hospital for its headquarters, despite abundant available evidence.
By pretending it did not know whether Hamas employed such tactics and by claiming that Israel’s actions were driven by a motivation to kill civilians on purpose, rather than to defeat Hamas, the panel dodged the hard issues it should have tackled. It did not seriously attempt to balance civilian deaths against the threats Israel was targeting or to understand the real motivations for the destruction in areas from which rockets were launched at Israeli cities.
The editorial concludes by stating that the Goldstone comission only proved that the United Nations is "incapable" of determing the rules that nations like the U.S. and Israel should use for fighting terrorists.
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