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Sunday, March 28, 2010

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Goldstone Report Commissioner Christine Chinkin

Palestinian and Muslim students have long been used to having their way on American campuses. Employing a number of intimidating tactics for decades ranging from the application of "third world" guilt to disruptive shouting and heckling, they virtually rule the roost from Berkeley on the west coast to Harvard in the east. Invariably, their one-sided events are populated by mainly women in hijabs whose role is to conflate a false image of middle east feminism with ululating outrage at "western" arrogance. Last Friday was no exception.

Watch the short video carefully and you will notice the young woman wearing a hijab being instructed to shut down my video of the lecture. Keep in mind this was a lecture open to the public and no signs or prior notice were given prohibiting recording.

Christine Chinkin, Professor of International Law at the London School of Economics, was one of four Commissioners chosen by Judge Richard Goldstone to investigate Israeli War Crimes in the 2009 Gaza conflict. That's right - not chosen by UN mandate to impartially investigate alleged crimes on both sides, but to indict Israel in a pre-judged, rigged investigation that was subsequently condemned by even the Obama administration. The final product of the report was so flawed and clearly biased that only the most virulent anti-Israel groups commended it. Read the wording of that U.N. mandate:

"to dispatch an urgent, independent international fact-finding mission, to be appointed by the President of the Council, to investigate all violations of international human rights law and international humanitarian law by the occupying Power, Israel, against the Palestinian people throughout the Occupied Palestinian Territory, particularly in the occupied Gaza Strip, due to the current aggression, and calls upon Israel not to obstruct the process of investigation and to fully cooperate with the mission"

Even Mary Robinson, the former UN High Commissioner for Human Rights not known for her impartiality on the subject of the Israel Palestinian conflict, refused to head the investigation saying the move was "guided not by human rights but by politics." According to Professor Chinkin, the UN commission, even though it had investigatory powers, chose in almost all instances, to simply receive Palestinian and Hamas "testimony" at face value and refused to conduct forensic and other investigation throughout Gaza which would have incontrovertibly proven Hamas' use of human shields and the use of civilian and religious infrastructure to mask its military activities. Watch this short video of one of the largest mosques in Gaza, Al Khulaf'a al Rashidoun being hit by Israeli bombs with secondary explosions, proving the presence of high explosives in the religious building:

Chinkin chose not to inform her audience of one of the most widely reported controversies about the Goldstone Report, namely, concerning her own appointment to the commission. Listen to her response during the Q & A:

Notice how Ms. Chinkin's colleague, in a desperate attempt to extricate her from a tough situation, turns the question around by claiming "bias" against Islam and Muslims - standard operating procedure in the university setting. As if the daily, horrendous practice of suicide/homicide bombing was unknown throughout the world.

What compounded the clear bias of that commission was the fact that Professor Chinkin was one of several signatories to a highly publicized letter to the London Sunday Times which was headlined: "Israel's bombardment of Gaza is not self-defence - it's a war crime"

Professor Chinkin has stood by that letter, composed before her activities on the UN investigative team began. In any judicial court or setting, expressing such sentiments towards one of the parties in a dispute would be cause for recusal or dismissal on the part of the examining body. Not so with Judge Goldstone or the UN. He has, to this day, stood by his commissioner and the report.

The field of Human Rights Law on campuses around the world has sadly degenerated into an orgy of anti-israel rhetoric, reflecting the tragic-comic landscape of the United Nations. Too many universities produce biased, shoddy scholars like Ms. Chinkin; and the UN hires them.

Consider some of the past members of the UN Human Rights Council (formerly the UN Commission on Human Rights): Libya, the Sudan and Saudi Arabia, some of the most egregious human rights violators in history. Israel has never been invited to sit on the Council. Unbelievable and predictable.

The fact that the government of Israel did not issue a formal complaint over her obvious partiality does in no way obviate the serious questions of her selection and objectivity. Remarkably, Judge Goldstone, admitting that his colleague, Chinkin, displayed prima facie bias, was dismissive of any concern about her objectivity:

Interviewer: "How did you agree that in your committee serves Professor Christine Chinkin of England who already stated in an article in the Sunday Times that Israel committed war crimes, even before the beginning of the work of your commission? Is it not a prejudice?

Goldstone: Well you know, firstly it's not a judicial inquiry. It's a fact-finding mission, I've known Professor Chinkin for many years. I've found her to be an intelligent, sensible, even-handed person and it wasn't an article, she signed a letter together with a number of other, I think, British academics, at the time, soon after the Operation Cast Lead began, but working with her now I'm absolutely satisfied that she's got a completely open mind and will not exhibit any bias one way or the other but in any event she is one of four people on the committee and I don't believe that any prima facie views she might have held at an earlier stage is going to in any way affect the findings or the recommendations in the report."

The Geneva based NGO, UN Watch, which holds Special Consultative Status with the U.N. responds:

"With respect, Justice Goldstone's arguments in defense of Chinkin's impartiality are invalid. First, whether the Mission is judicial, quasi-judicial or investigative, it is required under international law and United Nations standards to be both objective and impartial. Justice Goldstone himself has repeatedly promised exactly this.

Second, the applicable test is not whether a fellow panel member is satisfied that Prof. Chinkin has an open mind. The test, rather, is whether the decision-maker is actually biased, or where there is an appearance of bias. Under either test, having expressed her views on the merits of the precise case and controversy that she is now meant to examine, Prof. Chinkin cannot be considered impartial.

Third, when a judge or fact-finder is found to be partial, the remedy is recusal or her removal. The partiality defect cannot be ignored by the fact that she is only one of four panelists. In the 2004 Sesay case in the U.N.-created Special Court of Sierra Leone, the fact that Justice Robertson was one of five judges did not mitigate his lack of impartiality, and he was disqualified."

For further background, see this report by Gilead Ini of CAMERA.

A final note: Panel participant, Kenneth Reeves, longtime Cambridge, MA City Councillor and former Mayor, spoke with pride about his sponsorship of a resolution demanding that Israel withdraw from Gaza in January, 2010. When asked why he had never sponsored a resolution condemning the prior 6 years of rocket attacks against Israeli civilians by Hamas, he replied, "I never knew about the rockets."

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Cambridge Councilman Ken Reeves: "I Never Heard of Rocket Attacks Against Israel."

2 Comments

Make the investment in a concealable camera.

Also, invite a female friend to go with you to the next lecture. Have her wear a hijab and bring her own camera. Sit on opposite sides of the room.

Hmmm. What are islamofascists and friends HIDING???

Some jihadist, national Socialist, Progressive terrorist supportin, anti-American advocacy?

iPod recording adapters are available.

http://www.amazon.com/Belkin-Voice-Recorder-iPod-White/dp/B0000TNWU6

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