The U.S. House of Representatives overwhelmingly approved a resolution (H. Res. 867) condemning a UN report as “irredeemably biased” against Israel Tuesday (Nov. 3),[1] a day before the United Nations General Assembly (UNGA) convenes to debate the report’s findings. The resolution, co-sponsored by House Foreign Affairs Committee senior members Reps. Howard Berman (D-Calif.) and Ileana Ros-Lehtinen (R-Fla.), passed by a vote of 344 to 36.[2]
The so-called Goldstone report accuses Israel and Hamas of committing war crimes during the December-January conflict in Gaza. But a new bi-partisan poll shows that Americans believe Israeli military action in Gaza was indeed a defensive war and many reject the UN report accusing Israel of war crimes.
The poll, conducted in October by Greenberg Quinlan Rosner Research (GQRR) and commissioned by The Israel Project (TIP) shows Americans have significant doubts about the findings of the report commissioned by the UN Human Rights Council accusing Israel of war crimes. The UNGA meeting is being held at the urging of the United Nations’ Arab representatives.[3]
Following is the text of House Resolution 867 condemning the Goldstone report
HRES 867 IH
111th CONGRESS
1st Session
H. RES. 867
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.
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 ‘one-sided’;
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.
Jihad: “A Wake up Call” By Yoram Ettinger
Categories: General Commentary, Uncategorized
By Yoram Ettinger
1. Jihad (Holy War) has been a cardinal feature of Islam since the 7th century. It constitutes a clear & present danger to Western democracies, irrespective of the Arab-Israeli conflict, independent of the Palestinian issue and regardless of Israel’s policies and existence.
2. The most authoritative analysis of Jihad was published by the late Prof. Majid Khadduri of Johns Hopkins U. in War and Peace in the Law of Islam (http://yoramettinger.newsnet.co.il/Front/NewsNet/reports.asp?reportId=211429).
3. Hebrew University Prof. Moshe Sharon, a world renowned authority on Islam, sheds light on Jihad in Islam Against Israel and the West (2007):
“Jihad is the strategy and, therefore, agreements are a [tactical] interlude in the war [against the infidel]…
“Islam came to being as a fighting religion. Mohammed imposed his authority by means of his military strength…Islam established empire before it crystallized as a systematic religion…The imperial and religious aspects of Islam are interconnected. Without an empire, Islam feels that it lacks a home. The empire expressed Islamic power, prominence and virility. Islam was born in order to rule, as is only fitting for the religion of Allah which is one and exclusive…Jews and Christians cannot claim that they possess true, holy scripture as all of the holy scriptures must be identical to the Qur’an…Islam is supreme… Anyone challenging this Muslim law of nature rebels against Allah and should not be allowed to exist…The establishment of a Jewish state on Islamic land is an open rebellion…insolent towards the Prophet and impudence towards Allah…
“Any territory that was ever Muslim becomes sacred to Islam [Waqf – sacred Islamic endowment]…If the territory is conquered by enemies of Islam, like Spain, Palestine and parts of Europe, it is incumbent upon Islam to do everything to restore it to Islamic rule…Islam has not recovered from the loss of Spain…Spain, which Arabs insist on calling Andalus, is regarded to be a lost Islamic territory, the recovery of which is a religious and political duty…The Jihad for the conquest of Europe already began a few decades ago…[Muslims migrants] are coming to Europe as masters and not as immigrants…Thousands of mosques have been established from Finland to France. Islamic version of history and thought is creeping into al the echelons of [European] political and intellectual life, affecting the educational system on all levels…
“The laws of Jihad…form the basis of the relations between the Muslim world and the West…The only possible relations between Muslims and non-Muslims are war or a limited ceasefire…Any sign of weakness is a clear call to renew Jihad…An agreement which contains anything beyond a limited armistice or ceasefire is null and void. The only agreement with non-believers that is permitted by Islamic law is one that enables Islam to strengthen itself, so that when the time comes it can resume Jihad in better conditions. An armistice/ceasefire is based on the postulation that the infidel enemy will mistake the agreement for peace, lower its defenses and slide into a slumber, thus turning itself into an easy target…
According to Prof. Bernard Lewis, the world’s leading expert on Islamic history, “the Muslims believe that they had caused the fall of the Soviet Union [in Afghanistan]…Dealing with the soft, pampered and effeminate Americans would be easier…The lessons of Vietnam and Beirut (1983) were confirmed by Mogadishu (1993). A murderous attack on Americans was followed by a prompt and complete withdrawal…This was the course of events leading to 9/11…
“The Muslims are now convinced that terror is the most effective weapon in their arsenal. They found out that they can kill civilians without being punished…that terror has become an acceptable phenomenon. Some western writers have even defined terror as ‘the weapon of the weak’…Muslim terrorists are encouraged by ‘experts,’ who keep repeating: ‘There’s no military solution to terror.’
“In the Mideast, negotiations are a method to win time…Terrorists need time to arm themselves with more deadly missiles for more effective attacks on civilians…”
4. Israel is the West’s First Yard Line of defense.
A strong Israel deters Jihad; a weakened Israel fuels Jihad.