Blatant Bias

Evelyn Gordon
Contentions/Commentary
25 July '10

Anyone who still doubts the magnitude of the UN Human Rights Council’s anti-Israel bias should read this Jerusalem Post expose on the man appointed to head the council’s latest probe of Israel, German jurist Christian Tomuschat.

Tomuschat’s panel will investigate compliance with the Goldstone Report, which accused both Israel and Hamas of war crimes during last year’s war in Gaza and ordered each to investigate and try its own perpetrators. Thus essentially, Tomuschat is charged with determining whether Israel and Hamas have properly investigated and prosecuted the Goldstone Committee’s allegations.

So here’s what the Jerusalem Post discovered about him. First, he co-authored a brief for Yasser Arafat in 1996 on what legal strategies Palestinians should pursue against Israel — including, incidentally, one they later used with regard to Israel’s security barrier: asking the UN General Assembly to seek a judgment against Israel from the International Court of Justice. Questioned by the Post, Tomuschat confirmed his involvement in the brief but “could not recall” whether Arafat commissioned it.

That’s a distinction without a difference — because whether or not he worked specifically for Arafat, he did work, either voluntarily or for pay, for one party to the current case: the Palestinians. In most legal systems, that would disqualify him from serving as a judge. But not in the HRC’s system.

Second, Tomuschat has already asserted, in a 2002 paper, that states can never properly investigate their own militaries. In his words: “There is little hope that the judicial system of the state concerned will conduct effective investigations and punish the responsible agents. Nowhere have excesses committed by security forces been adequately punished.”

So the man charged with deciding whether Israel’s legal system has adequately investigated its military’s actions in Gaza has already publicly concluded that no legal system ever can. That, too, would suffice to disqualify him in most courts.

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