Opposing Any Endorsement Or Further Consideration Of Report Of The United Nations Fact Finding Mission On The Gaza Conflict

Floor Speech

Date: Nov. 3, 2009
Location: Washington D.C.
Issues: Foreign Affairs

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Mr. HOYER. I thank the chairman for yielding. I thank the ranking member, Ms. Ros-Lehtinen, for introducing and working with the chairman on this resolution.

I rise to voice my objection to the unfair, unbalanced, and inaccurate report of the United Nations fact-finding mission on the Gaza conflict, otherwise known as the Goldstone Report.

The report not only paints a distorted picture of Israel's legitimate efforts at self-defense, in my opinion, but it epitomizes the practice of singling Israel out from all other nations for condemnation.

The Goldstone Report does little to build confidence that the U.N. or its Human Rights Council can deal with the Israeli-Palestinian conflict in an evenhanded manner. I agree with those who spoke before me that it ought to, but the Goldstone Report does not give us much confidence that that's what's happening.

For one, the Human Rights Council's mandate for the report specifically targeted Israeli actions, ignoring, ignoring the deliberate Hamas attacks on civilians that provoked Israel's self-defense in Operation Cast Lead.

The report's lead author himself, Justice Richard Goldstone of South Africa, objected to that one-sided Band-Aid. Let me repeat that. Goldstone himself, when the commission issued its report, objected to that one-sided mandate that they issued. But notwithstanding his objection, it was not formally altered.

Similarly, former U.N. High Commissioner for Human Rights, whom many of you know, Mary Robinson, not known as a great defender of Israel, Mary Robinson, who has criticized Israel's record in the past, also objected to this one-sided mandate. In her words, and I quote Mary Robinson: ``Unfortunately, the Human Rights Council passed a resolution seeking a fact-finding mission to only look at what Israel has done, and I don't think that's the human rights approach,'' said Mary Robinson.

Secretary of State Clinton agrees. She said this:

``We believe that the mandate for the Goldstone Report was one-sided and that many of the recommendations are appropriately dealt with by the institutions within Israel.''

And, indeed, if they were not, I would be here to say that we ought to support the United Nations' actions. The Goldstone Report largely neglects the context within which Israel's action took place. Why is that context so vital, and why is the report so empty without it? Because for years--for years--Israel has been the target of asymmetrical warfare for terrorists who hide behind civilians and aim to kill civilians. For 8 years before Operation Cast Lead, Hamas, aided by Iran and others, launched deadly rockets and mortar fire into Israel, even after Israel dismantled its Gaza settlements, even after it withdrew its military. More than 6,000 rockets have fallen indiscriminately on southern Israel's cities and towns. I can't imagine there is one of us in this Chamber that if Canada or Mexico rained down six missiles on our civilian population--not 6,000 on our population--that there would be a Member here who would not want decisive response to stop that assault. Each was intended to kill the maximum number of civilians. These rockets did not target military targets. They targeted civilians. How do I know? I've been there, and I have seen the effectiveness firsthand of the fear that has been put in the minds of the people of Sderot and others.

In the Israeli town of Sderot, I saw children who had lost literally the ability to speak, who no longer had control over their bodily functions, who were condemned to play in an armored playground from fear of the rockets that could kill with only seconds' warning. There is no military establishment in Sderot. Families, children. That is the context of which the Goldstone Report makes such short shrift.

Tragically, civilians in Gaza suffered and continue to suffer. They suffer in major part from the determination of their imposed leaders to pursue indiscriminate terror. I have had a discussion with my friend Mr. Kucinich, for whom I have a great deal of respect. We ought to have great empathy for the Palestinian people who have been put at great risk by their leaders pursuing terrorism. We ought to have empathy for those children who live in the camps in Gaza. Terrible condition. I've been there. Is there anybody here who doubts that if those children living there for decade after decade after decade were European children or American children or Jewish children that they would still be there in those camps? I say to you, not the case. Why are they there? Because the Arab community does not want to absorb them, and their leaders will not seek a meaningful peace. That is why they're there.

Hamas, like its state sponsors, is notorious for using men, women and children as human shields and political props. As Secretary of State Condoleezza Rice put it earlier this year, ``Hamas has held the people of Gaza hostage.'' They still do. Should we have empathy for those young people and not so young people held hostage? Absolutely, we should. Should we act to help their plight? Absolutely, we should. But that does not mean we ought to rationalize terrorists who attack children in Sderot or any other place. Hamas continues to hold them hostage, likely subjecting the Goldstone Report's Palestinian witnesses to intimidation and threats, a possibility that the report does not take into account, of course.

Unlike Hamas and its sponsors, Israel is a democracy with an independent judiciary, and all of us know that that judiciary frequently has said to the military and to the Israel Government, you cannot do this. You did it wrong. You're going to be held accountable. There is nothing like that in Gaza, little like that in the West Bank, although the West Bank is getting better. Its security is increasing. Abbas and Fayad are making progress. It is fully investigating its military for any--I am going back to Israel now--for any human rights violations that may have been committed in Gaza. That is appropriate. They ought to do that. Tragically, we know that when men and, indeed, women go to war, that there are those who do not always act properly on both sides. We need to hold that conduct accountable.

I believe in the integrity of Israel's investigations because I believe in its legitimacy as a democratic state, but I do not accept the legitimacy of singling out Israel for biased censure. It is essential to hold every nation to international norms of behavior in peace as well as in war. Israel must be held to the same standards as any other nation. It holds itself to such standards, I would add, even when its enemies do not. Indeed, few nations constrain themselves more than Israel, but no other nation has so many in the U.N. eager to condemn it, irrespective of facts and justification.

Soon, the U.N. General Assembly will vote on endorsing the Goldstone Report. Goldstone himself said that their report was not a fair report, but by doing so and by condemning Israel, the U.N. would also be threatening the just self-defense of any state endangered by asymmetrical warfare.

I urge my colleagues to support this resolution.

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