The Legacy of Richard Goldstone

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One wonders if the Creed of Nicaea worked a little like a #Goldstone Report. Choosing such words they felt were convenient. Arguments based on arguments. Look at Goldstone. so angry at half of his bloodline that he looked for technicalities to blame his own family. Just more of the same. He found nothing but lies orchestrated into a logical argument.
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.  Goldstone's friend and former judicial colleague,  Arthur Chaskalson, has rushed to the defense of his fellow South African judge, saying that it was "better to have an honest judge on the bench than another kind." Putting aside the issue of whether Goldstone was an honest judge--his Goldstone Report strongly suggests he is "another kind"--the German judges offered precisely that argument at Nuremberg. "I did it to help the Jews. " In the film Judgment at Nuremberg, based on a real case, the judge argued that by unjustly sentencing one Jew to death, others might be helped.  He also said he had no choice but to apply unjust laws. He was convicted. Goldstone may have persuaded himself and other judges who served the Apartheid regime that by hanging and torturing some blacks, they would be helping other blacks, but the only ones that were helped were the racists who ran the Apartheid regime and Goldstone himself, who used his Apartheid judgeship as a stepping stone and career booster.
 It is interesting that Goldstone made a similar argument to friends as to why he accepted the chairmanship of the investigative commission offered to him by the United Nations Human Rights Council.  He acknowledged that the Council was biased against Israel. Indeed, it treats Israel much the way Apartheid courts used to treat Black Africans: Just as there was special justice (really injustice) for blacks, so too there is special justice (really injustice) for Israel. Goldstone claims he took the job "to help Israel," just as he took his previous job to help blacks.  In both cases he cynically hurt those he said he wanted to help while helping only himself.  In both cases he was selected to legitimate bigotry.  In both cases, better people than him refused to lend their credibility to an illegitimate enterprise.  But Goldstone accepted, because it was good for his career.
 Goldstone  is an ambitious opportunist who lacks the courage of his convictions-- if he ever had any. He has always put personal advancement over principle. He is a master of rationalization and self justification. This time he has run out of excuses. He's been exposed as a poseur who will sell his integrity for a careerist opportunity. Fortunately he now has little integrity left to sell.
the end!
YNet has a hard-hitting investigation into Goldstone's South African past: Judge Goldstone's dark past

Yedioth Ahronoth investigation reveals man preaching human rights, who authored scathing report against Israel's operation in Gaza, sent at least 28 black defendants to gallows as South African judge under Apartheid regime

He asserted that Israel committed war crimes and came out against the Israel Defense Forces, whom he claimed violated basic human rights. Judge Richard Goldstone forgot just one thing - to look long and hard in the mirror and to do some soul-searching before he rushes to criticize others.

A special Yedioth Ahronoth investigation reveals Richard Goldstone's dark side as a judge during the Apartheid era in South Africa. It turns out, the man who authored the Goldstone Report criticizing the IDF's actions during Operation Cast Lead took an active part in the racist policies of one of the cruelest regimes of the 20th century.

During his tenure as sitting as judge in the appellant court during the 1980s and 1990s sentenced dozens of blacks mercilessly to their death...

The article is a bit more hung up on the matter of the death penalty itself than the Apartheid context it took place in, but be that as it may...

Goldstone has a response, here: Judge Goldstone responds to death penalty story. It's ultimately fairly weak. Goldstone need not have been a judge, after all, he could have remained a privately practicing attorney. The picture of Goldstone that begins to emerge in all this is that of a stop at nothing careerist doing his best to ingratiate himself with whoever is in power in order to climb the ladder. At the time it was Apartheid, now it's bashing Israelis.

Dershowitz has an absolutely must-read here: Legitimating Bigotry: The Legacy of Richard Goldstone
[Read it all!]

Jim Wald comments here and points out:

...In one sense, Goldstone's record does not bear on the significance of his Report, which will stand or fall on its merits. But given that the document prompted widespread charges of bias, the investigation may yet prove to be pertinent to a new reading. Already we are hearing suggestions that Goldstone's opinions there (but presumably in other recent endeavors, as well), far from representing a set of neutral analyses, in fact reflected a sort of perverse overcompensation for a blemished moral past about which he preferred to keep silent. In the words of Deputy Foreign Minister Ayalon, "This so-called respected judge is using this [Gaza] report in order to atone for his sins and gain international legitimacy."

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