Richard Goldstone

Nota: Este archivo abarca los artículos publicados por el autor desde el 1 de mayo de 2009. Para fechas anteriores realice una búsqueda entrecomillando su nombre.

The rejection by a slim majority of a peace settlement with FARC comes as a shock to the people of Colombia.

Indeed, it comes as a shock also to many people around the world who were rejoicing at the prospect of ending a conflict that over five decades has taken over 200,000 lives and displaced millions more. It was some good news in an otherwise too-violent world.

Nations that wish to end years of conflict, death, torture and displacement of populations typically have three broad options.
The first is to forget the past and move on; the second is to have Nuremberg-style trials for the human rights violators; and the third is to have a truth and reconciliation procedure that will provide for amnesties or reduced punishment for the violators.…  Seguir leyendo »

The Palestinian Authority’s request for full United Nations membership has put hope for any two-state solution under increasing pressure. The need for reconciliation between Israelis and Palestinians has never been greater. So it is important to separate legitimate criticism of Israel from assaults that aim to isolate, demonize and delegitimize it.

One particularly pernicious and enduring canard that is surfacing again is that Israel pursues “apartheid” policies. In Cape Town starting on Saturday, a London-based nongovernmental organization called the Russell Tribunal on Palestine will hold a “hearing” on whether Israel is guilty of the crime of apartheid. It is not a “tribunal.” The “evidence” is going to be one-sided and the members of the “jury” are critics whose harsh views of Israel are well known.…  Seguir leyendo »

We know a lot more today about what happened in the Gaza war of 2008-09 than we did when I chaired the fact-finding mission appointed by the U.N. Human Rights Council that produced what has come to be known as the Goldstone Report. If I had known then what I know now, the Goldstone Report would have been a different document.

The final report by the U.N. committee of independent experts — chaired by former New York judge Mary McGowan Davis — that followed up on the recommendations of the Goldstone Report has found that “Israel has dedicated significant resources to investigate over 400 allegations of operational misconduct in Gaza” while “the de facto authorities (i.e., Hamas) have not conducted any investigations into the launching of rocket and mortar attacks against Israel.”

Our report found evidence of potential war crimes and “possibly crimes against humanity” by both Israel and Hamas.…  Seguir leyendo »

Lorsque les Etats membres de la Cour pénale internationale se réuniront ce mois-ci à Kampala en Ouganda pour une conférence de révision du travail de la CPI, ils devront débattre de l’éventualité d’amender les statuts de la CPI pour lui permettre d’ajouter le crime d’agression à ses compétences. Cette question avait été différée lors de l’adoption des statuts en 1998.

Ma propre expérience de procureur international, et soutien inconditionnel de la CPI, m’autorise à dire que ce serait une grave erreur que d’ajouter le crime d’agression à la juridiction de la cour. Il serait bon de différer à nouveau cette question.…  Seguir leyendo »

On Monday, members of the International Criminal Court gather in Kampala, Uganda, to consider whether to amend the Court’s statute to allow it to exercise jurisdiction over the crime of “aggression.” Previous articles on these pages have argued that the crime is too vague and should be rejected (Michael J. Glennen, April 6), and that criminal responsibility for the illegal use of armed force would make international law more credible (Noah Weisbord, May 4).

By Richard Goldstone, distinguished visitor from the judiciary at the Georgetown University Law Center and former prosecutor at the U.N. Criminal Tribunals for the former Yugoslavia and Rwanda.…  Seguir leyendo »

I accepted with hesitation my United Nations mandate to investigate alleged violations of the laws of war and international human rights during Israel’s three-week war in Gaza last winter. The issue is deeply charged and politically loaded. I accepted because the mandate of the mission was to look at all parties: Israel; Hamas, which controls Gaza; and other armed Palestinian groups. I accepted because my fellow commissioners are professionals committed to an objective, fact-based investigation.

But above all, I accepted because I believe deeply in the rule of law and the laws of war, and the principle that in armed conflict civilians should to the greatest extent possible be protected from harm.…  Seguir leyendo »