Israeli Cast Lead Report: Yes, Virginia, There WERE Crimes

I’ve just finished reading the Israeli report updating investigations into alleged war crimes in Operation Cast Lead. The report quite clearly shows there were some serious issues in that war, and that international outrage was not unwarranted, even if Israel would still maintain it was exaggerated.

Many make the case that the report vindicates the Goldstone Report and, in some ways, it does, though I don’t think it

Gaza, during Cast Lead

quite “proves the Goldstone Commission right” as other commentators have said. But what I think is more important is that it shows that if Israel had set up a credible, independent and civilian investigation of Cast Lead as soon as the war was over, and in response to calls from its own civil society, it would be in a much better position than it is today.

The character of such an investigation is important, as is demonstrated within this Israeli report itself, when it says that

“Another challenge is that some Palestinian witnesses have refused to make any statement, even in writing, to IDF investigators. Other Palestinian witnesses have declined to provide testimony in person. While an affidavit can provide investigators with valuable information and serve as the starting point for an investigation, a written affidavit alone is generally inadmissible as evidence at trial. In the Israeli legal system, as in many others, proving a criminal case instead requires that witnesses be willing to appear in court to permit cross-examination on issues such as the witness’s ability to observe the events, whether a witness has any bias, and whether there were other relevant facts not recounted in the written statement. Hence, in some cases, the unwillingness of a complainant to cooperate in criminal investigations may deprive the investigators of the most significant evidence.”

Well, yeah, are we really surprised that the investigative team from the army that just wreaked havoc across your land, and which was previously occupying that land (by even the strictest definition) for almost 40 years would not be trusted by the victims? Continue reading