Legitimating Bigotry: The Legacy of Richard Goldstone

Allan M. Dershowitz
Hudson New York
07 May '10

Richard Goldstone, author of the notorious Goldstone report, did not become a South African judge in the post-Apartheid Mandela Era, as The New York Times and other media have erroneously reported. He accepted a judgeship during the worst days of Apartheid and helped legitimate one of the most racist regimes in the world by granting the imprimatur of the rule of law to some of the most undemocratic and discriminatory decrees.

Goldstone was--quite literally--a hanging judge. He imposed and affirmed death sentences for more than two dozen blacks under circumstances where whites would almost certainly have escaped the noose. And he affirmed sentences of physical torture--euphemistically called "flogging"-- for other blacks. He also enforced miscegenation and other racist laws with nary a word of criticism or dissent. He was an important part of the machinery of death, torture and racial subjugation that characterized Apartheid South Africa. His robe and gavel lent an air of legitimacy to an entirely illegitimate and barbaric regime.

It is no surprise that Goldstone kept this part of his life secret from academic colleagues, friends and the general public. I recall him at the lunch and dinner tables in Cambridge describing himself as a heroic part of the struggle against Apartheid. Now it turns out he was the ugly face of Apartheid, covering its sins and crimes with a judicial robe. How differently we would have looked at him if we knew that he had climbed the judicial ladder on whipped backs and hanged bodies.

Now that his dirty secret has been exposed to the world, he has invoked the defense raised by German judges at Nuremberg: "I was just following the law." This cowardly defense was rejected at Nuremberg and by the international law that Goldstone claimed to be applying against Israel in the Goldstone report. It should be resoundingly rejected by the court of public opinion.

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