On the Goldstone Report

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ACCORDING TO a Chinese saying, if someone in the street tells you that you are drunk, you can laugh. If a second person tells you that you are drunk, start to think about it. If a third one tells you the same, go home and sleep it off.

Our political and military leadership has already encountered the third, fourth and fifth person. All of them say that they must investigate what happened in the “Molten Lead” operation.

They have three options:

- to conduct a real investigation.

- to ignore the demand and proceed as if nothing has happened.

- to conduct a sham inquiry.

IT IS easy to dismiss the first option: it has not the slightest chance of being adopted. Except for the usual suspects (including myself) who demanded an investigation long before anyone in Israel had heard of a judge called Goldstone, nobody supports it.

Among all the members of our political, military and media establishments who are now suggesting an “inquiry”, there is no one – literally not one – who means by that a real investigation. The aim is to deceive the Goyim and get them to shut up.

Actually, Israeli law lays down clear guidelines for such investigations. The government decides to set up a commission of investigation. The president of the Supreme Court then appoints the members of the commission. The commission can compel witnesses to testify. Anybody who may be damaged by its conclusions must be warned and given the opportunity to defend themself. Its conclusions are binding.

This law has an interesting history. Sometime in the 50s, David Ben-Gurion demanded the appointment of a “judicial committee of inquiry” to decide who gave the orders for the 1954 “security mishap”, also known as the Lavon Affair. (A false flag operation where an espionage network composed of local Jews was activated to bomb American and British offices in Egypt, in order to cause friction between Egypt and the Western powers. The perpetrators were caught.)

Ben-Gurion’s request was denied, under the pretext that there was no law for such a procedure. Furious, Ben-Gurion resigned from the government and left his party. In one of the stormy party sessions, the Minister of Justice, Yaakov Shimshon Shapira, called Ben-Gurion a “fascist”. But Shapira, an old Russian Jew, regretted his outburst later. He drafted a special law for the appointment of Commissions of Investigation in the future. After lengthy deliberations in the Knesset (in which I took an active part) the law was adopted and has since been applied, notably in the case of the Sabra and Shatila massacre.

Now I wholeheartedly support the setting up of a Commission of Investigation according to this law.

THE SECOND option is the one proposed by the army Chief of Staff and the Minister of Defense. In America it is called “stonewalling”. Meaning: To hell with it.

The army commanders object to any investigation and any inquiry whatsoever. They probably know why. After all, they know the facts. They know that a dark shadow lies over the very decision to go to war, over the planning of the operation, over the instructions given to the troops, and over many dozens of large and small acts committed during the operation.

In their opinion, even if their refusal has severe international repercussions, the consequences of any investigation, even a phony one, would be far worse.

As long as the Chief of Staff sticks to this position, there will be no investigation outside the army, whatever the attitude of the ministers. The army chief, who attends every cabinet meeting, is the largest figure in the room. When he announces that such and such is the “position of the army”, no mere politician present would dare to object.

In the “Only Democracy in the Middle East”, the law (proposed at the time by Menachem Begin) stipulates that the Government as such is the Commander in Chief of the Israel Defense Forces. That is the theory. In practice, no decision at variance with the “position of the army” has ever been or will ever be adopted.

The army claims to be investigating itself. Ehud Barak represents – willingly or unwillingly – this position. The cabinet has postponed dealing with the matter, and that’s where things stand today.