THE SPINE MAY 24, 2010
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The most damning analysis of Richard Goldstone’s report was written for The New Republic by Moshe Halbertal, a moral and legal philosopher at Hebrew University and NYU Law School. On December 28 in The New York Times, columnist David Brooks saluted Halbertal’s essay as one of the best “long form articles that have narrative drive and social impact.” It certainly did have social impact, and, for weeks and weeks, the discussion of Goldstone revolved around Halbertal’s critique of him, of Goldstone’s tainted jury of judges, and of their enmeshment with the United Nations. One basic theme of his study revolved around the question of how disciplined armies can fight guerilla (and, indeed, terrorist) military cohorts, large and small.
The closest student of Richard Goldstone’s ongoing perambulations and the ditches into which he has slipped is Alan Dershowitz. After publishing his own scholarly document, Dershowitz has riveted on Goldstone’s movements, which are not the movements of any impartial judge. Instead, the former South African apartheid jurist has put himself on platform after platform actually defending the ideologically committed, corrupt, and racist justice of the U.N. system.
In a long and brilliantly discursive conversation with Ilan Evyatar and David Horovitz published in The Jerusalem Post, Dershowitz talks about the philosophical gnarls that are submerged in the findings which are hidden behind Goldstone’s name.
“… The essence of Goldstone is that at the highest levels of Israeli government and the Israeli military the real purpose of Operation Cast Lead was not to protect the citizens of Sderot. That [according to Goldstone] was a cover. The ‘real purpose’ was to kill Palestinian civilians. That’s just false. B’Tselem says that’s false, various other Israeli human rights organizations that are extremely critical of Israel and of Operation Cast Lead say that’s false.
“Richard Goldstone wasn’t even aware that it was in the report. I’m not even confident that he read the whole report before it was issued. He was there to put that stamp – I’m a Jew. I’m Goldstone, I’m going to put the stamp on the report, maybe if I have time later I’ll read it. I’ll put the stamp on the report, then you can circulate it to the world saying that ‘Goldstone said it was okay’…”
There is much more here. And Dershowitz also enters the controversy about Judge Goldstone’s career as a jurist under the apartheid regime.
As for Goldstone's work as a judge under apartheid, Dershowitz says: “His defense of ‘I was just following orders’ is much like the defense used by German judges, and Goldstone authorized the torture of blacks in what’s euphemistically called flogging but is torture under international law.... If the statute of limitations were still viable, he could be prosecuted as a criminal for authorizing the torture of blacks in South Africa. He couldn’t defend himself by saying ‘I was just following a law.’ You cannot follow a law that authorized torture. Particularly torture that had nothing to do with national security. It was punitive.”
Judge Goldstone’s record is not a pretty one. It is a surprise that no one raised the issue until Danny Ayalon, Israel’s deputy foreign minister under Avigdor Lieberman, did. But it was he who did it, as reported also in The Jerusalem Post. But Ayalon is himself a neo-fascist in Israeli politics, a thuggish thinker and a degenerate diplomat. It is a shame that it was he who brought up the charges about Goldstone’s career in the apartheid judiciary. If there is anyone in the political arena who would like to turn Israel into an apartheid state, it would be him.
But the accusations he levied against Goldstone are true. The former judge sent (at least 28) black people to the gallows and black people to the whipping posts and black people to other indescribable humiliations. He was an agent of apartheid, someone who supinely enforced its cruel laws. There is a full treatment of this aspect of Goldstone’s career in Yedioth Ahronoth, abridged as “Judge Goldstone’s dark past” on the Ynet website of May 6. The anti-Israel left is a little blindsided by these revelations. So they minimize while they admit. Sasha Polakow-Suransky, a journalist who has written on Israel’s relationship with the apartheid government, yields timidly that “Goldstone’s apartheid era judicial rulings are undoubtedly a blot on his record.” But, if one is sufficiently hostile to Israel, one is forgiven everything, Polakow-Suransky forgives everything—yes, everything. Even the taking of lives of victims of apartheid rule. After all, legal justice must be done.
I met Richard Goldstone on my first visit to South Africa in March or April of 1984. We were a group of perhaps ten, including the distinguished essayist Milton Himmelfarb, Gertrude’s brother (now dead, alas). Another visitor, whose name I can’t recall, is also deceased. I’ve spoken with two other people who made the trip, Nathan Glazer and Adam Meyerson. And they don’t remember Judge Goldstone, but one vaguely recalls a Jewish judge.
Well, I know that the Jewish judge was Richard Goldstone. I’ve spent half the weekend searching for the notebook which I filled diligently. It is someplace in the house ... but nowhere to be found. So I have no quotes. But I do recall the man’s gestalt and his hauteur. He carried himself as a significant personage. He spoke as though he were not only the disposition of the law but the law itself.
Someone in our group, a rather younger man studying at (I think) Wittswatersand—or maybe it was Stellenbosch—knew something about Goldstone’s judicial record and the extent to which he had been a willing satrap of authority. Frankly, I couldn’t imagine (but I now know better) that a Jewish judge would fit so comfortably on what was truly a lower rung on a totalitarian ladder. But the truth is that he sometimes reflected publicly (and perhaps painfully) on the moral compromises he had to endure on the apartheid judiciary. The question is why he had to endure it.
42 comments
Sorry to break the news to you, Marty, but Alan Dershowitz is another of those deparaved individuals whose brain has been hollowed out by their support for the militant (religious) nationalism that is the soul of modern Zionism. He is utterly deluded if he believes his words defend Jews or support Israel when in fact they are no more than apology for the Zionazism that the so-called settlers have made the central ideology of the modern Israeli state. Alan Dershowitz forgets too readily that is not a defence lawyer pleading for his client but an advocate forcefully advocating the continuation of decades of Israeli oppression of the Palestinian people. He may pretend to be something else and he may wear a fine suit - but strip of that lawerly cloak and the mantle of Judiasm and all that remains is an empty-headed, jack-booted thug no different from countless other empty-headed, jack-booted thugs across the globe. And he deserves the contempt we have for them. Marty, let me whisper something in your ear. Your racism and stupidity are destroying this magazine. You have installed an editor, Frank Foer, who is at best an intellectual coward but more likely a moral fool. And all that remains is Jonathan Chait who on matters Israeli long ago realised that the best policy was not silence but the role of dummy to your ventriloquism. But that is not your greatest sin, Marty, because that is the moral destruction you have visited on Judaism through the lies you tell and the propaganda you repeat in support of a militiant (religious) nationalism masquerading as Zionism. Your magazine is not a beacon of commentary for American Jews; your magazine is not a light shining a way forward for Zionism; your magazine is that age-old fiery cross that brings a racist evil in its wake.
- ndmackenzie
May 24, 2010 at 2:30pm
So rants anglonazi mackenzie, for whom the Final Solution wasn't final enough. Cancel your subscription and go to hell, and take your entire island of racist degenerates with you.
- NR114746
May 24, 2010 at 2:39pm
Good post Mr. P. Thanks.
- basman
May 24, 2010 at 2:46pm
p.s. I'm half way through The Flight of the Intellectuals and it's as good as I rember you saying it is. It's a wonderful plaudit to you and Wieseltier that such an excellent work by such a superior intellectual is dedicated to you. I'm sad to say that I have not read yet Terror and Liberalism. But it's next. Finally, at the time, I sent the Halbertal essay on Goldstone's report to everyone I correspond with by email. The acclaim for it was near universal. David Brooks is exactly right about it. So more thanks in fact.
- basman
May 24, 2010 at 2:56pm
basman, put down Flight of the Intellectuals right now. Stop reading it, and don't come back until you've finished Terror and Liberalism. I haven't read the new book yet, but the older one is among the most urgently important works of the current era. If Flight is even remotely worth Marty's praise, then your reading of it will be immensely enriched for having first read Terror. Terror and Liberalism is the only book for which I keep an extra "loaner" copy specifically for pushing friends and colleagues to read it. If I knew you in person, the next time we met I would hand the book to you. You really must read it without delay. (Actually, I suppose technically my extra copy is not a loaner, since I lend books to people all the time. Perhaps more precise to say that Terror is the only book I'm unwilling to be without for the duration of anyone else's reading of it.)
- rhubarbs
May 24, 2010 at 3:30pm
Here is more on Goldstone from the American Jewish Committee: "Goldstone and Gaza: Have Human Rights Gone Wrong?" http://vimeo.com/11930705 I suggest people listen to the whole conversation, it's mind boggling.
- jdyer
May 24, 2010 at 3:54pm
Antisemites have been accusing Jews of double loyalties for hundreds of years. Hence it’s no surprise that the resident Jew hater Muckenzie would accuse Jews of double loyalties. It’s not a surprise, but it’s funny since he/she has shown double and triple loyalties to The Arab League, to Great Britain and to antisemitic NGO’s. But then no one he cares what this nazi like antisemite thinks. I only mentioned this for the benefit of new readers.
- jdyer
May 24, 2010 at 3:58pm
Oh yes, and Muckenzie's loyalty to Great Britain is to the antisemitic tradition in Great Britain.
- jdyer
May 24, 2010 at 4:13pm
While not wanting to minimize the value of the Halbertal piece, I have some differences with it. My sons who both served in the IDF in combat (one Lebanon2 & one in Cast Lead) also felt he was a bit unrealistic & utopian in some of his expectations. Trevor Norwitz is an ex-South African, &(ex-?) friend of Goldstone, a partner at a leading New York law firm and teaches at Columbia University Law School. He wrote a far more detailed dissection of the Goldstone report, complete with footnotes, which did not get the play it deserves. I strongly recommend reading it (here). Norwitz says he sent it to Goldstone and claims to know he read it. Goldstone himself never responded. A long time ago, I pontificated on the Spine about the Israeli concept of the "Etrog" where a politician adopts a position that will gain him approval with the elites in the media etc. in order to avoid being investigated for some wrong doings. It seems that Goldstone, apparently correctly, assumes that by coming down on Israel he will gain forgiveness from the progressobabbelian punditry (see Mathew Yglesias) and a ticket to a seat on the ICCJ bench in the Hague. Hershel Ginsburg Efrata / Jerusalem
- ginzy
May 24, 2010 at 5:04pm
Whoops! I seem to have flipped the flaky TNR website into bold italics mode. hg
- ginzy
May 24, 2010 at 5:05pm
"But Ayalon is himself a neo-fascist in Israeli politics, a thuggish thinker and a degenerate diplomat." These are very serious characterizations. It seems to me that some substantiation is in order or otherwise this is simple and gratuitous libel.
- nhrds@earthlink.net
May 24, 2010 at 5:30pm
"Judge Goldstone’s record is not a pretty one." I agree, but the attacks on him are misplaced not because he is not an opportunist, he is, but because we need to focus on what made the Goldstone report possible. This is the UN commissions that have already predetermined Israel’s guilt as the Canadian jurist eloquently stated in the video I linked above. Look if Goldstone had had the decency to decline endorsing the outrageous antisemitic report the UN would have found some other UN “house Jew” to endorse it. Instead of wasting words on Goldstone we should be concentrating on dismantling the UN machinery for the delegitimization of the Jewish State. I don’t know if anyone has watched the Video I posted above (it does require an investment of time) but it offers the clearest picture I know of what drives the anti-Israel agenda at the UN and offers some important suggestions on how to dismantle it: http://vimeo.com/11930705
- jdyer
May 24, 2010 at 5:45pm
"These are very serious characterizations. It seems to me that some substantiation is in order or otherwise this is simple and gratuitous libel." I believe Marty considers the Israeli party "Yisael Beitenu" to which Atalon belongs to be neo-fascist, thuggish degenerate. Ayalon behaved in a very vulgar way towards the Turkish ambassador to Israel, when he sent for him to clarify why Turkish TV screens a series about Mossad agents snatching a Turkish baby to convert to Judaism. It was a diplomatic embarrassment for Israeli government.
- noga1
May 24, 2010 at 6:45pm
Ayalon may be a thug, but his undiplomatic comments about Turkey were on target. Moreover, there are many more Ayalon's in the Turkish government than in Israel. "Turkey’s Other Dirty War" "The horrifying legal drama that gives lie to the idea of a democratic Turkey." by Dani Rodrik and Pinar DoganMay 24, 2010 | 12:00 am http://www.tnr.com/article/world/75123/turkey%E2%80%99s-other-dirty-war
- jdyer
May 24, 2010 at 7:32pm
No argument with you, Jdyer. Enough to remember that there is a law there and popular at that, that forbids insulting Turkishness. "Article 301 is a controversial article of the Turkish Penal Code making it illegal to insult Turkey, the Turkish ethnicity, or Turkish government institutions." http://en.wikipedia.org/wiki/Article_301_%28Turkish_Penal_Code%29#High-profile_cases
- noga1
May 24, 2010 at 8:58pm
"Mossad agents snatching a Turkish baby to convert to Judaism". Talk about psychological projection! The Ottoman Turks famously kidnapped Slavic Christian boys in the Balkans for conversion to Islam and service to the Ottoman state. Can we get a fuller explanation of what is reprehensible about "Israel Beitenu" and its leading personalities Avigdor Lieberman and Danny Ayalon?
- amidut
May 24, 2010 at 10:15pm
"Can we get a fuller explanation of what is reprehensible about "Israel Beitenu" and its leading personalities Avigdor Lieberman and Danny Ayalon?" It is a truth universally acknowledged. There you are.
- noga1
May 24, 2010 at 10:45pm
Insider Austen! amidut: I certainly would love to delve into this mythic belief in so much of western media "what is reprehensible about "Israel Beitenu" and its leading personalities Avigdor Lieberman and Danny Ayalon?"" last year, when someone would write or say "former nightclub bouncer from Russia, Avigdor Lieberman", I would respond that is like characterizing Obama as "that former pot-smoking ice-cream scooper from Hawaii". Yes, Lieberman worked as a bouncer when he was 20. somehow, Lieberman and Ayalon's concern about the loyalty to the state of Israel of the two Arab political parties in the Knesset got translated by western liberalism into racist neo-fascism. so what is Massachusetts Governor Deval Patrick doing when he said some of the criticism of Obama borders on sedition? reverse racist not-so-liberalism? maybe Americans like Peretz do not know what to make of all these Jews from the former Soviet Union. My current fantasy is that Peter Beinart has to find an apartment in NYC in order to teach his classes at CUNY, and winds up in Queens, surrounded by 60,000 Bokharan Jews from Uzbekistan. alas, must sign off. maybe in another thread. sorry, just not in the mood to haggle over Goldstone (or Beinart) any more.
- K2K
May 25, 2010 at 12:26am
I think Russian Jews disappointed the social Labourite elites in Israel. It was believed that the influx of these immigrants from Russia would boost the Labour party. Pretty soon it became clear that these are people disenchanted with any Leftist ideologies, and totally distrustful of any government and organized power. I remember reading an article how, after the signing of the Oslo accords, it was a tough sell to Russian new immigrants. So the army organized a tour of several buses to Gaza, with military officers assigned to explain how the accords would enhance Israel's security (there was that kind of euphoria back then). But when the tour was over, the Russians remained highly sceptical. One of the reasons for that was that they had been conditioned to disbelieve anything a man in uniform tells them. In their experience, military persons do not speak the truth and represent government propaganda. When a person in US thinks the government lies to the people all the time, and the army spokesmen are all liars, he is very likely a Chomskyite. When a person in Israel thinks the government lies to the people all the time, and the army spokesmen are all liars, he is more likely to be a recent Russian new immigrant inclined towards the Right. Right and Left are not really what they used to be in Orwell's time. And even then they were not exactly what we think they were then. Consider how Leftist icon Chomskey finds common cause with a super reactionary, neo-fascist organization like Hizzballa.
- noga1
May 25, 2010 at 8:41am
I'll see what this looks like after I post it, but I believe I've solved ginzy's problem.
- acbrod
May 25, 2010 at 10:09am
Nope--didn't work. It'll take someone from TNR to actually oversee the blog pages.
- acbrod
May 25, 2010 at 10:10am
The notion that if you criticize Israel = hating jews, which is the prevailing theory on this blog and clearly the belief of the major contributors, makes any reasonable discussion or disagreement absolutely impossible. The hypocrisy of the Goldstone discussion makes this clear: he's a brutal thug of a racist South Africa, agreed. But when people point ISRAEL's ties to apartheid, which were real, they are kicked in the nuts and called anti-semitic.
- OscarPeck
May 25, 2010 at 12:15pm
Whine on, Oscar. Many governments maintained ties with South Africa and some even supplied that regime with military equipment. Israel denounced apartheid as vigorously in the UN as any other government. So why is Israel being singled out? The world awaits an answer.
- NR114746
May 25, 2010 at 12:37pm
Hey Rhubarbs, I noted your note. We've had some words, or, rather, probably, I've said some words, but I appreciate the kindness and generosity of spirit your note evinces. That's a nice thing. I'll try to minimize my rancour and maximize such poor facsiimilie for substance as I'm able to muster. Itzik
- basman
May 25, 2010 at 2:15pm
What NR said! You can always trust Oscar to come up with idiotic comparisons. "The hypocrisy of the Goldstone discussion makes this clear: he's a brutal thug of a racist South Africa, agreed." Something tells me that Oscar would hate Goldstone just for being Jew Goldstone. "But when people point ISRAEL's ties to apartheid, which were real, they are kicked in the nuts and called anti-semitic." Something also tells me that Oscar like Buchanan only cares about apartheid if he can use to attack the Jewish State. Speaking of hypocrisy. Oscar is an inveterate antisemitic hypocrite.
- jdyer
May 25, 2010 at 2:43pm
I just picked up a copy of Paul Berman’s book: "The Flight of the Intellectuals" and what struck me was what well made book it is. A beautifully bound book is a rarity these days.
- jdyer
May 25, 2010 at 2:46pm
...I just picked up a copy of Paul Berman’s book: "The Flight of the Intellectuals" and what struck me was what well made book it is. A beautifully bound book is a rarity these days... One of the obvious shortcomings of Kindle, which is where my eyes have been affixed lo these many recent weeks. I had to do something of late with my overflow of books and records from over the last 40 years or so and I found myself much, generally, more sentimentally attached to my records and cds over my books. One jarring exception is a complete, hard bound old collection of all of Dickens that someone gave me as a wedding present on December 26, 1971.
- basman
May 25, 2010 at 3:03pm
Can someone lose the slanted print? It's upsetting my visual feng shui.
- basman
May 25, 2010 at 3:05pm
NR114746 I tried to answer you less epigrammatically on the short Kagan thread.
- basman
May 25, 2010 at 3:07pm
Sorry nr14746, it wasn't you: wrong nr.
- basman
May 25, 2010 at 3:46pm
basman "One of the obvious shortcomings of Kindle, which is where my eyes have been affixed lo these many recent weeks." Yes, shelf space is at a premium. Still the many pleasures of holding a book in my hands, being able to look ahead, being able to dog ear a page, underlining and writing down a spontaneous reaction, will make it hard to give it up.
- jdyer
May 25, 2010 at 5:15pm
Jack, too true, all of what you say.
- basman
May 25, 2010 at 5:30pm
In one episode of "Star Trek The next Generation" Jean-Luc Picard goes on vacation and is seen reclining on a chaise-longue reading a book, a real book, in his hands. Proof, that for all the kindles around, the book will be staying with us for a long time to come...
- noga1
May 25, 2010 at 6:15pm
"reading a book, a real book, in his hands. " Reading a book that he is holding in his hands, of course.
- noga1
May 25, 2010 at 6:16pm
My buddy, Goldberg, an inveterate reader, hates Kindle and worries it's the end of physical books. For myself, I haven't bought a real book since I got my Kindle about a month ago. But I've bought and read, virtually, so to speak, about 4 or 5 books since getting it. (p.s. Ever since I started reading Paul Berman I, find, myself, using, a, lot, more commas.)
- basman
May 25, 2010 at 6:42pm
[side topic] i'm rather surprised mp has not responded to protege peter beinert's screed on american jews' supposed waning support of israel. sasha p-s doesn't surprise me although i'm always disappointed when a jewish journalist with the possibility of influencing opinion bends over backwards to find fault with fellow jews, all the while ignoring the plethora of offenses committed by the fascist, racist jihadists. i used to find comfort in viewing the world through the lens of power, wherein the dichotomy has but two camps to worry about: those with power (evil) and the oppressed underdogs. but then i turned 30. or 20. hell, it was so long ago i can't remember what i can't remember. it's certainly possible that if i'd been trying to make a living writing from that pov, i might still have a need to simplify complex issues and blame my (ohtheshameofitall) fellow members' of the tribe, who can't help but be corrupted by the overwhelming power they wield as scions of the ruling class of eretz yisroel. but i suspect not. at any rate, i'm just a bit surprised at mp's silence.
- rhoneyman
May 25, 2010 at 6:43pm
NR and Dyer prove my point. Dyer casts out the usual pejorative. As for NR 1144.....this is a blog on Israel. That's why Israel is singled out. As far as the world, Israel is a first world country and should, be judged on first world standards. Good gracious man. Like I said...Israel is above critique. I support Israel. But honestly. Not in exchange for a nutty U.S. Israel-first U.S.-second Americans like Dyer they shamelessly seek and accept the support of those who advocate for a fundamentalist theocracy (like the so-called "christian right", who as an aside are decidedly un-christian); or a tawdry right winger who advocates pure evil in foreign affairs like Eliot Abrams.
- OscarPeck
May 25, 2010 at 7:30pm
OscarPeck, Israel certainly had ties to South Africa during the apartheid era, but compared to other first world countries, the amount was trivial. The main suppliers of weaponry to South Africa were France, Britain, Canada, West Germany, Italy, India, and the US. The principal trading partners were (in order): the US, Japan, West Germany, US. Trade between these countries and South Africa was around $12 billion per year during the 80s. Israel's annual trade with South Africa was around $200 million, less than 1% of South Africa's total trade. That's without taking into account South Africa's vast unofficial trade with Black African countries, and its huge barter trade for oil with Arab countries and Iran. In the 1980s, Saudi Arabia traded the equivalent of $4.5 billion in oil for G5 artillery, a weapon system which, btw, South Africa purchased from a Canadian company. In short, Israel was a minor player in trade and military relations with South Africa. The idea that Israel had a particularly close relationship is based on distortion and prejudice.
- JPKatz
May 25, 2010 at 11:14pm
OscarPeck listen to yourself. No one here that I’m familiar with advocates an Israel first U.S. second policy. It is rather that some people here have a different view of what constitutes American interests when it comes to its mid east policy as part of its foreign policy. Why their views are “nutty” escapes me. But whose views are nutty? To wit: “...they shamelessly seek and accept the support of those who advocate for a fundamentalist theocracy (like the so-called "christian (sic) right... Who is advocating for a fundamentalist theocracy? As I say listen to yourself: a “fundamentalist theocracy”? And who is "shamelessly" doing that and what fundamentalists are being turned to and how— evidence please? As well, there may be on this blog, posts a plenty on Israel. But that’s no reason for singling it out for criticism. That’s like me saying to my kid who I reprimand for doing exactly what his siblings do with impunity, “Well, you happened to catch my eye.” And by all means judge Israel on “first world standards” Singling it out while the rest of the “first world” goes uncriticized for doing the same things or worse is precisely the opposite of judging by “first world standards.” It is, rather, selective judging and an inversion of the special pleading charge levelled at defenders of Israel. Finally, I thought one of the hallmarks of liberalism is universal moralism. If so, then as far as moral judgment is concerned, “second”, third, or whatever number you want to count up to, countries get no pass, no easy excusing of some of the worst depredations imaginable. And that too should be provide some context for judgments about Israel.
- basman
May 26, 2010 at 2:39am
“...they shamelessly seek and accept the support of those who advocate for a fundamentalist theocracy " Is this where one like OscarPeck gets his inspiration from? "Much of the injustice that takes place in our world stems from ignorance. We reject being emotionally blackmailed by Hollywood tales and holocaust museums which legitimize the war crimes and crimes against humanity of the extremist Atheist regime of Tel-Aviv." http://blog.z-word.com/2010/05/everybody-research-the-holocaust-day/#more-1580
- noga1
May 26, 2010 at 9:25am
malahat: thanks for your kind thoughts inthe otherthread. and I second your last comment. fwiw, when I opend The Spine tonight from my favorites, my Avast! anti-wirus immediately notified me that a threat had been blocked. I wonder if Peretz is under cyber-attack for disrespecting Lieberman and Ayalon of Yisrael Beitenu? btw, one benefit of doctor's offices is I caught up on Newsweek. Saw a piece that Medvedev is building a Russian "Silicon Valley" to entice back the former Soviet Union Jewish brains that drained to Israel. If only the Russians had thought of making the Pale of Settlement more attractive in the first place?
- K2K
May 26, 2010 at 9:30pm
apologize for the various misspellings above. must be the loss of blood for so many tests today :)
- K2K
May 26, 2010 at 9:32pm