Christian Tomuschat, Head of the Goldstone Implementation Committee, Resigns

For Immediate Release:
Contact: Anne Bayefsky
info@eyeontheun.org
December 1, 2010

Christian Tomuschat, who headed a UN committee charged with implementing the Goldstone Report, has reportedly resigned. He had been appointed by UN High Commissioner Navi Pillay. Tomuschat’s credentials were questioned earlier this year, in a July 14th, 2010 article by Anne Bayefsky.

Tomuschat’s resignation is the second blow to the credibility of the UN’s efforts to implement the Goldstone report. Following Bayefsky’s July article, the UN secretariat official whom Pillay had assigned to coordinate the Tomuschat committee’s activities, Ahmed Motala, was removed from the case.

In July, Bayefsky pointed out that Tomuschat and the other two members of his committee were tainted by their close affiliation with an NGO which had been deeply involved with the Human Rights Council’s campaign to vilify Israel. Bayefsky’s article also revealed that the UN staffer Motala appointed to work with Tomuschat doubled as an anti-Israel blogger. In the midst of the Gaza war he had written that Israel targeted Palestinian civilians in order to impress voters. The Tomuschat committee staffer wrote “What better way to gain the support of the Israeli electorate than to…kill innocent civilians”

On July 15 Jerusalem Post correspondent, Benjamin Wienthal, revealed prior statements by Tomuschat that indicated deep prejudices on the very issues he had been assigned to tackle. Wienthal reported in the Weekly Standard and the Jerusalem Post that in 2007 Tomuschat told a German newspaper that Israel’s killing of Hamas leader Sheikh Yassin was “as ruthless as the attacks of terrorists.” Later in July, Wienthal reported that Tomuschat had once provided legal advice to Yasser Arafat’s PLO.

Last month, UN Watch reported on further examples of Tomuschat bias.

Tomuschat’s resignation ought to further undermine the credibility of the report he submitted to the Council in September. In his report Tomuschat repeated the odious claim that Israel engaged in “violence against civilians as part of a deliberate policy.” Tomuschat’s report went on to criticize Israel’s legal system for failing to mount a witch hunt for “officials at the highest levels.” Referring to a Hamas internal “investigation,” in which Hamas exonerated itself from all wrongdoing, Tomuschat’s team could only conclude that it “is not in a position to ascertain the veracity of any of these assertions.”

Following that report, the Human Rights Council reappointed Tomuschat and his other two committee members, Param Cumaraswamy and Mary Davis. They have been charged with producing yet another report by next March.

Unfortunately, many other UN authority figures, selected precisely because of their history of anti-Israel and anti-Western bias, remain. For further information see EYEontheUN’s list of current UN authorities.

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Goldstone II

Questions on the Impartiality of the U.N. Tomuschat Committee

A Report by UN Watch
Submitted to U.N. High Commissioner for Human Rights
Geneva, 21 October 2010

EXECUTIVE SUMMARY

The U.N. Human Rights Council’s newly-renewed committee to enforce the Goldstone Report, headed by German law professor Christian Tomuschat, has declared Israel to be in breach of a duty to investigate “those who designed, planned, ordered and oversaw ‘Operation Cast Lead’,” and the “serious allegations” that “officials at the highest levels were complicit in violations.” Specifically, the committee cited the name of Israeli opposition leader Tzipi Livni, who served as foreign minister during the 2009 war with Hamas.

As soon as the Tomuschat Committee released its first report in September 2010, Palestinian organizations, echoed by Amnesty International and Human Rights Watch, called for the prosecutor of the International Criminal Court, and prosecutors worldwide, to intervene. This latest U.N.-inspired “lawfare” campaign recalls last year’s successful effort by pro-Palestinian activists in Britain to obtain a court-ordered arrest warrant, on charges of war crimes, against Ms. Livni, who has since avoided traveling to Britain.

While the Tomuschat Report emphasized the principles of independence and impartiality as applicable to investigations, there are serious questions as to whether Professor Tomuschat’s membership on the panel conforms with those same principles, as required by the standards applicable to U.N. experts. To determine these fundamental procedural aspects of the Tomuschat Committee, the present report examined Professor Tomuschat’s legal advocacy work, academic publications, and other public statements concerning the Middle East conflict.

Regarding a U.N. expert’s obligation to be independent, the report found credible evidence that Professor Tomuschat performed legal advocacy work for PLO leader Yasser Arafat. It was reported that he and four other international jurists advised Mr. Arafat in 1996 on how the PLO should make its case before the U.N. and the International Court of Justice in The Hague.

(Read full summary)

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UN Moves Forward to Implement Goldstone Report

New UN committee members and UN staffer have anti-Israel connections.


Anne Bayefsky
The Weekly Standard
14 July '10

Among the multitude of attacks on Israel that the United Nations has sponsored over the decades, last year’s Goldstone report on the 2009 Gaza war stands out for its dangerous distortions of fact and law. Now the UN Human Rights Council has sponsored a second-team of investigators to press forward with the report’s implementation. Just as with round one, the United Nations has guaranteed the result of round two by selecting individuals whose independence is compromised from the start.

This second rendition of Goldstone was crafted by a March 2010 resolution of the Human Rights Council. That resolution first declares that Israel – and only Israel – committed “unlawful acts” in the Gaza war. And then it establishes a committee of experts to monitor and assess all judicial and other proceedings taken by Israel to respond to the General Assembly’s endorsement of the Goldstone report and its long list of supposed Israeli crimes.

The mandate also asks the new committee to assess the proceedings of the enigmatic “Palestinian side.” In the many resolutions on the Gaza war from the General Assembly and the Human Rights Council no mention is ever made of “Hamas,” which keeps with the UN fiction that the war entailed wanton Israeli aggression in a vacuum. Instead of eight years of rocket attacks on Israel’s civilian population and an elected government that openly advocates genocide, the resolution creating the Goldstone inquiry describes the problem with the Palestinian side as “crude rockets…result[ing] in the loss of four civilian lives and some injuries.”

The fact that the mandate of the Goldstone inquiry was tainted from the outset, and that its successor is cut from the same cloth, did not deter three more lawyers from taking this latest UN job. They are German Christian Tomuschat (chair), Malaysian Param Cumaraswamy, and American Mary Davis. As it turns out, the takers and their UN associates have more in common than first meets the eye.

(Read full article)

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