Trevor Norwitz, Open Letter to Judge Goldstone, 19/10/09

A devastating letter from a NY lawyer, Trevor Norwitz, laying out the multiple flaws with the Goldstone Report. Required reading.

New York, New York

October 19, 2009

Judge Richard Goldstone

Head of the UN HRC Fact Finding Mission on Gaza

Via email

Dear Richard:

I have finally completed my review of your Report( 1) which, by its very length, defends itself against the risk of being read quickly or widely, to paraphrase that infamous war criminal (by your definition) Winston Churchill. I am profoundly disappointed by the contents of your Report, but I am also troubled by the ad hominem attacks that have been directed towards you. I offer this analysis and critique in the spirit of your article in the Jerusalem Post today2, looking only at the substance of your Report and relying neither on its authors’ motives nor their reputation. I do so in an effort to advance the cause of truth and in the hope that you may yet be willing to take actions to mitigate the terrible injustice and damage that your Report is causing. To that end, I am respectfully including some suggestions for you at the end of this letter (which is longer than the one I sent you on July 14 – attached again for your reference – but which I hope you will take time to read).

In a nutshell, your Report is a deeply flawed document that is not only unbalanced and inflammatory, but reflects a procedurally deficient rush to judgment incapable producing any meaningful findings, least of all charges as grave, politically loaded and emotionally laden as those of “war crimes” and “crimes against humanity”.

I acknowledge at the outset that your Report was difficult to read not only because of its obvious lack of balance, but also because it does raise some hard questions about the precise manner in which Israel reacted to the years of rocket attacks against its towns and people and the threats it faces.(3) I hope that, to the extent it has not already done so, Israel will investigate and explain the incidents you have highlighted which have undoubtedly been part of a chain of events that has resulted in much human suffering. Sadly though, because your Report is so one-sided and unfair, these important questions may receive less attention than they deserve.

As someone who had expected4 a relatively fair and balanced investigation because of your involvement, I am struggling to understand why you would go out of your way and beyond even the “very lopsided unfair resolution” (to use your own words(5)) of the group(6) that authorized your Mission to demonize Israel while legitimizing and even whitewashing Hamas. (For while you may object to that characterization, that is indeed what your Report does, as I describe below.)

I do not intend to focus on factual inaccuracies in your Report (which others better placed that I are already starting to address(7)), but wish to emphasize rather the manner in which your investigation was conducted and its “findings” reported. The imbalance and partiality that [p.2] permeate your Report are evident at many levels. They are manifested in the methodology you adopted to conduct your investigation and reach your conclusions, in the way in which you chose to characterize your Mission and select which incidents you would investigate and which you would ignore, in the fundamental premises which underlie your investigation and conclusions, in the manner in which you have misrepresented the history of the Middle East conflict, and in your use of language both throughout your Report and in your subsequent public statements. Of course this letter can not be comprehensive but can only illustrate a few of the many examples where this one-sidedness shows through your purported factual and legal findings.

(Read full letter)

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