Erdan expected to enter cabinet next week after surprising omission from Netanyahu government
Top US official in Israel to discuss regional nuclear ban
Joe Lieberman: 'US heading for temporary solution to Iran nuclear threat'
Hotovely: This country belongs to us, all of it
Backtsreet Boy: Israeli fans are gracious, looking forward to coming back
Limmud FSU and ‘Post’ launch exhibit on 25 years of Soviet aliya
Concert Review: Dionne Warwick
A Schachat family affair at the Jerusalem Symphony Orchestra
Vulnerable Nadal facing fight for clay crown
Most influential Jews in sports
FIFA’s Blatter meets Abbas in continuing attempt to broker Israeli, Palestinian talks
Pe’er into 2nd round of French Open qualifiers, Glushko knocked out
Peres says 'clear majority of Israelis back two states,' urges immediate resumption of talks
Likud MK says Obama's criticism of Netanyahu has 'a bit of hypocrisy'
Annual medical report: Netanyahu in good health
Abbas: Israeli settlement activity preventing peace talks
Palestinians complain to FIFA: Israel delays our soccer players at checkpoints
Most influential Jews in defense
Iran threatens '80,000 rockets at Tel Aviv and Haifa' over distorted Ya'alon comment
Rivlin: The whole world heard Netanyahu's commitment to two-state solution
Obama responds to anti-Israel critique: 'I must object'
Lynn Schusterman - The philanthropist dedicated to uniting Jews worldwide
The Friends of Zion Museum opens to the public
Obama to deliver rare synagogue address
German Jews in Frankfurt reject religious panel for hatred of Israel
Israeli Arab who joined ISIS killed in Syria gunbattle
What happens when an Egyptian walks around Cairo dressed as a Jew?
Gaza unemployment world's highest as 60% of youth find themselves jobless
UN alarmed by rebel reports that Syria-bound aid looted, stolen by Syrian army
ISIS seizes last government controlled border crossing between Syria and Iraq
Changes coming to the Health Ministry
Exposure to hotter air before delivery can result in lower birth weights, shorter pregnancies
Health Ministry issues alert about well-traveled dog that bit a woman and died of rabies
Want to escape Alzheimer’s disease? Run for your life and exercise
Most influential Jewish environmentalists
Mosquitoes infected with West Nile found in Or Yehuda, Eilat
Extreme conservationist, adventurer Braam Malherbe visits Israel
Israeli officials, NGOs preparing for UN climate talks in Paris this year
Most influential Jewish innovators, entrepreneurs
Jimmy Wales wants Wikipedia to change the world, again
Tech Talk: A revolution in Israel’s telecoms industry
New technology can predict gender of smartphone user using motion sensors
Most influential media titans
Jerusalem Post Editorial: Shavuot’s dual meaning
Letters to the editor: Own teachings
Into the fray: Delegitimization, anti-Semitism & BDS: Sharansky’s misdirected lament
My word: Palestinians, football, fair play and fouls
Shavuot: The seed and hope
From the Sketchbook: Clowns to the right of me
The People and the Book: Learning how to be a community
Books: The swastika and the crescent
Giving sight to the blind
Book Review: Flickering Israel
Book Review: New customs
Book Review: A novel approach to the Bible
Parenting: The elephant in the living room
Kicking up success
Grapevine: Full house at the Great Synagogue
Letters in lines
Holon hosts Grand Prix Gymnastics
Some advice for the newly be-coupled
Jewish learning takes Tel Aviv
In their eyes
Palestine - Pope forfeits spiritual and moral authority
A golden chance to shift the Foreign Ministry’s priorities
A new high in Sino-Indian ties
Europe rapidly becoming fertile recruiting field for Islamic State
יִשְׂרָאֵל הַיָפָה בְּיָרוֹק
אֶת כָּל פִּלְאֵי הַקַיִץ
מֶחְקָר עַל אֲכִילָה וּתְזוּנָה בָּעוֹלָם
תַחֲרוּת לְפִיתוּחַ אַפְּלִיקַצְיוֹת בּיְרוּשָלַיִם
Searching for human rights in the Republic of the Congo
Following the green line
Jerusalemites of note
Holocaust Remembrance Day: What’s in a name?
Thousands of Christians flock to Jerusalem for Pentecost
Christians in the Middle East rank high on Peoples Under Threat list
Christian Zionist in Israel filming anti-BDS movie
Debate simmers over whether pope called Abbas an ‘angel of peace’
Fourteen-story bulletproof cross gives hope to Pakistani Christians
New Occupational Therapy Room and Garden for the Galilee Medical Center
Landscaping Absorption Centers with Ethiopian Immigrants
Holocaust Day Ceremony Honoring the Heroism of Jewish Rescuers
Pedaling Along the Tel Aviv Shore
The International Solidarity Mission Says Goodbye in Jerusalem
Chinese Ambassador Visits the Israel-China Friendship Fores
Expo 2015: Italian Journalists Tour the Arava
President of Lombardy Tours Israel Prior to Milan Expo
New Bio-filters Purify Surface Runoff Water for Reuse
Future Tour Guides Discover the Negev with KKL-JNF
The Shamir Drilling Project
Graduation Ceremony for Rosh HaAyin’s Volunteer Firefighters
From Sunny Israel to Cold Canada
Walking for Water with KKL France in the Mountains of Eilat
JNF Ontario Community Mission Tours the Western Negev
Celebrating 50 Years of German-Israeli Diplomatic Relations
The Negev Conference on Agricultural Research and Development
Arava Open Day: Food Security for Israel and the Entire World
Living Green in Israel: the Contest and the Winners
Addressing Climate Change Conference
How One Oleh is Helping to Transform the Way People Drink Water
From Think Tank to Environmental Consultant
Award Winning Designer Launches Career as Wedding Dressmaker
Outdoor Fitness Israel: An Innovative Fitness Program Developed By UK Olim
5 Tips to Land a Job in Israel
Starting Your Own Business in Israel: Real Life Examples
5 Strategies for Finding Your Professional Place in Israel
PetBNB:An Olah’s Unusual Canine Startup
36 Hours in Southern Israel
Food Shopping In Israel
How Women Can Have it All in Israel
The Eisenberg’s Long Journey Home
Why Retirees are Thriving in Israel
Thanks to Aliyah video
6 Frequently Asked Questions about Israeli Healthcare
Starting Over in Israel
WATCH: Why Olim #LiveLoveIsrael
5 Ways that Olim Kick Back
VIDEO: Are you ready for the South?
Sovev Tel Aviv, Israel’s Largest Biking Event
Make yourself at home… in Israel
NBN Announces Bonei Zion Prize Recipients for 2015
NefeshB’Nefesh Provides Services to Bnot Sherut
How Doctors Are Impacting Israel’s South
05.22.2015 | 4 Sivan, 5775
Media are Hamas’s main strategic weapons, says visiting US historian
50 days of Israel's Gaza operation, Protective Edge – by the numbers
UN resolution to follow apparent success of Egyptian mediation efforts
Watch: Air strike rattles Gaza City
Analysis: ‘Non-kosher’ Islamists and ‘kosher’ ones
Amman asks Security Council members to pass cease-fire resolution
B’Tselem’s Gaza war statistics under fire
Analysis: Fighting in Gaza will flicker out, not be dramatically doused
Serry: Damage to Gaza structures three times that from Cast Lead
US official 'cannot envision' support for UN investigation into Gaza
Hamas: We know how to make Netanyahu accept our demands
State indicts 5 Gaza terrorists captured during Operation Protective Edge
Operation Protective Edge
YONAH JEREMY BOB \
Richard Goldstone 390.
(photo credit:Denis Balibouse /Reuters)
The Goldstone Report on the 2008-9 Gaza War by South African Jewish Judge Richard Goldstone has been criticized by many jurists beyond the immediate pro-Israel camp.
The reaction of many to the UN Human Rights Council's decision last week to order a new investigation as being a harbinger of "Goldstone 2" is understandable.
But many may not realize that they soon may miss "Goldstone 1."
The Goldstone Report struck extraordinary fear into the Israeli political, defense and legal establishments because it was the first UN report ever recommending criminal proceedings against individual Israeli soldiers and policy-makers as opposed to deriding Israel as a country.
But at the end of the day, the legal tsunami nightmare of dozens or more cases against Israelis in the International Criminal Court never transpired.
The most important reason was from February 2009 – April 2012 Israel's legal establishment handed the Palestinian's supporters their hat in the fight over whether "Palestine" was a state which could ask the ICC to get involved.
When the ICC accepted Israeli arguments that Palestine was not yet a state, the Goldstone train fell off the tracks and all allegations against Israel for Cast Lead 2008-9 or Pillar of Defense, November 14-21, 2012 were essentially wiped out.
But now we live in a different universe.
The legal universe and playing field transformed on November 29, 2012 when the UN General Assembly made Palestine a non-member state.
In a less widely-reported speech, ICC Prosecutor Fatou Bensouda in Paris on March 20, 2013 reportedly said that the ICC is "waiting" for the Palestinians to "come back," implying that following the UN vote, she would view Palestine as a state, even though the UN Security Council has not recognized it.
Put succinctly, the threat of criminal allegations against Israelis going anywhere (though there are many obstacles besides the statehood bar) at the ICC are far greater now than they were when the Goldstone Report came out.
Next, while there are many sound criticisms of Goldstone, he was the first UN investigator to ever insist on adding to his mandate investigating and critiquing Hamas.
Of course, most of the report was focused on Israel in an unbalanced fashion, but the fact that a large section focused on Hamas gave Israel some cover and muddled the anti-Israel message.
There is a good chance that the UNHRC will make sure to appoint someone this time who will not investigate Hamas or make it an even smaller part of the report.
Finally, while the UNHRC undoubtedly had hoped that Goldstone's Jewish credentials would be a fig-leaf for the report, Goldstone himself ultimately repudiated much of his own reports findings and the interpretations that others gave to it.
This also hurt the report's power to pressure Israel legally.
There is a very high chance that the UNHRC will make sure not to appoint anyone who might have second thoughts over their criticism of Israel.
This is not to say that Goldstone will be forgiven by his many detractors.
But secretly, some of those detractors may wish for a mere "Goldstone 1" once they get a look at "Goldstone 2."
Your comment must be approved by a moderator before being published on JPost.com.
Disqus users can post comments automatically.
Comments must adhere to our Talkback policy. If you believe that a comment has breached the Talkback policy, please press the flag icon to bring it to the attention of our moderation team.
Sign up for our newsletter
Please insert a valid email address
By signing up to The Jpost mailing list, I hereby