Judge Goldstone responds to death penalty story


By Miriam Shaviv
May 6, 2010
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We asked Judge Goldstone to confirm the report in Yediot that as a judge in the South African court of appeal, he sentenced 28 people to death. Here is what he had to say:

I have seen a translation of today's "preview" in Yediot. The facts relating to the death penalty are:

1. During the nine years I was a trial judge from 1980 to 1989, I sentenced two people to death for murder without extentuating circumstances. They were murders committed gratuitously during armed robberies. In the absence of extenuating circumstances the imposition of the death sentence was mandatory. My two assessors and I could find no extenuating circumstances in those two cases.

2. While I was a judge in the Supreme Court of Appeal from 1990 to 1994, all executions were put on hold. However, automatic appeals still continued to come before the Supreme Court of appeal. We sat in panels of three and again, in the absence of extenuating circumstances, some of those appeals failed.

3. It was a difficult moral decision taking an appointment during the Apartheid era. With regard to my role in those years I would refer you to the joint public statement issues in January by former Chief. Justice Arthur Chaskalson (the first CJ appointed by President Mandela) and George Bizos, (Nelson Mandela's lawyer and close friend for over 50 years). The statement was published in full by the South African Jewish Report on about 23 January...

Finally, I would say that these events took place 25 - 30 years ago. At that time a number of democracies had not abolished the death sentence. I do not understand why my actions as a judge im those years precludes me from campaigning today against the death sentence or precludes me from judging war crimes whether committed in the former Yugoslavia, Rwanda or the Middle East.

Other of the Yediot allegations are either false or distorted.

COMMENTS

Jon_i_Cohen

6 May, 2010 - 14:20

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Other of the Yediot allegations are either "false or distorted".
Where have we heard that before in relation to Judge Goldstone?


tomeisner2

6 May, 2010 - 14:58

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Jon i Cohen, come on just face the truth Israel murdered in Gaza and Goldstone told this to the world. Allegedly you loath The Palestinians. Is this true?


Clap Hammer

6 May, 2010 - 16:24

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tomeisner - no. Israel did not murder id Gaza. It sought out scum who were bombarding southern Israeli cities with rockets and mortars. During the ensuing fighting, the scum used civilians as shields and some civilians were killed. That is not murder. At the very most that is accidental death and recognised as such by international laws.


Jon_i_Cohen

6 May, 2010 - 18:01

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tomeisner2
This what your Palestinian pals in Gaza are all about:-
The principles of the Hamas are stated in their Covenant or Charter, given in full below. Following are highlights.
"Israel will exist and will continue to exist until Islam will obliterate it, just as it obliterated others before it." (The Martyr, Imam Hassan al-Banna, of blessed memory).
"The Islamic Resistance Movement believes that the land of Palestine is an Islamic Waqf consecrated for future Muslim generations until Judgement Day. It, or any part of it, should not be squandered: it, or any part of it, should not be given up. "
"There is no solution for the Palestinian question except through Jihad. Initiatives, proposals and international conferences are all a waste of time and vain endeavors."
"After Palestine, the Zionists aspire to expand from the Nile to the Euphrates. When they will have digested the region they overtook, they will aspire to further expansion, and so on. Their plan is embodied in the "Protocols of the Elders of Zion", and their present conduct is the best proof of what we are saying."
The charter is a rather classical Islamist document, applied to the local issues. It declares that Jihad (in the sense of armed battle) is the only solution. It cites the Protocols of the Elders of Zion, a ludicrous anti-Semitic forgery.
The "Zionists" and the freemasons and others are blamed for what Hamas and radical Islamists see as the major calamities of the world, especially the French Revolution.
One of the most ominous aspects of the Charter however, is this Hadith:
Moreover, if the links have been distant from each other and if obstacles, placed by those who are the lackeys of Zionism in the way of the fighters obstructed the continuation of the struggle, the Islamic Resistance Movement aspires to the realisation of Allah's promise, no matter how long that should take. The Prophet, Allah bless him and grant him salvation, has said:
"The Day of Judgement will not come about until Muslims fight the Jews (killing the Jews), when the Jew will hide behind stones and trees. The stones and trees will say O Muslims, O Abdulla, there is a Jew behind me, come and kill him. Only the Gharkad tree, would not do that because it is one of the trees of the Jews." (related by al-Bukhari and Muslim).
The implication is clear: Allah promised that the Jews will be murdered, and the Hamas "aspires to the realisation of Allah's promise, no matter how long that should take."
And-as for your pals in Judea and Samaria, (kby-known by you as the West Bank)
As well as naming squares in Ramallah after notorious terrorists, Fatah is no less firm than Hamas in seeking the goal of Israel’s destruction. Kifah Radaydeh, the deputy head of the Jerusalem chapter of Fatah, says openly that the PA will resume violence and terror against Israel when Fatah is "capable," and "according to what seems right."
"It has been said that we are negotiating for peace,” she further stated, “but our goal has never been peace. Peace is a means; the goal is Palestine."
So, tomeisner2 when are you going to start to show support to your Jewish brethren, instead of to your enemies, you do claim to be a Jew don't you?


amber

6 May, 2010 - 18:18

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More hysterical emotive nonsense from tom eisner. It's impossible to have a serious discussion with individuals who throw words like "muredr" around without understanding what it means. Tom, I suppose you condiser every casualty of war has been "murdered"? Are you a pacifist?


amber

6 May, 2010 - 18:20

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Goldstone is a self seving opportunist - happy to rise to the top in a morally degenerate system, whether in an apartheid government or the UN.

He is utterly morally debased.


jose (not verified)

7 May, 2010 - 06:34

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War is murder. So what?


jose (not verified)

7 May, 2010 - 06:44

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The real problem with Goldstone is not what he did but why he accepted to cooperate with an apartheid regime by being a judge having to apply racially-biased laws.

His obedience to authority was unconditional, although he could not ignore it was morally wrong. As he is unable to show any regret for that, it can be supposed that in his Gaza report, he was also accepting to cooperate with the majority of prejudiced UNHRC members, which are some of the countries with the worse human rights records on Earth.


tomeisner2

7 May, 2010 - 12:04

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To J Cohen "So, tomeisner2 when are you going to start to show support to your Jewish brethren, instead of to your enemies, you do claim to be a Jew don't you?

I think the central point that we are clearly not going to agree on is that I regard The Palestinians as my brethren, you evidently loath them.

None of you seem to make the slightest effort to try and understand The Palestinians. Do any of you have Palestinian friends?

Clap Hammer refers to the "scum of Gaza"
Have you ever considered how you would feel if you had grown up in Gaza as a Palestinian? Just consider how you would react if you are placed under siege. I am absolutely sure that some of you would also consider firing rockets at your enemy. Pretty strange if you didn't.


jose (not verified)

7 May, 2010 - 15:29

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Well, I'm not a Palestinian in Gaza, but it seems to me that Egypt, no less and rather more than Israel, blockades Gaza. Yet, I never heard that Gazans shoot rockets on Egyptian civilians. Aren't they the same kind of enemy as Israelis civilians ?
Condoning Palestinian obvious war crimes make tomeisner2 worse than Goldstone, who just minimized them.

Israel has not pledged to destroy Gaza, only to stop Hamas from harming Israeli civilians. Gazans, and their democratically elected Hamas representants, pledged to destroy Israel and kill all Jews - no less. Of course, this only represent a majority of Gazans who elected the Hamas, not all of them.


jose (not verified)

7 May, 2010 - 15:54

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Goldstone does not answer on the Yediot allegations that he had sentenced people just for having videos of Mandela speeches. He just said that they are false or distorted, so I guess Yediot has to publish its proofs.


tomeisner2

7 May, 2010 - 17:11

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Jose, If you were a Palestinian living in Gaza I think you would feel very angry about how the outside world had treated you. A free fair election was held and Hammas won. Then they were told that this couldn't be accepted because the wrong result was arrived at. Apparently Hammas should have recognised Israel, but hang on a minute, which Israel should they recognise. Israel up to East Jerusalem or Greater Israel including the occupied west bank. I am totally with them on this and I refuse to recognise this version of Israel!

"Israel has not pledged to destroy Gaza, only to stop Hamas from harming Israeli civilians"
look at this
http://blogs.timeslive.co.za/minor/files/2009/01/dead-children.jpg

Is Palestinian less important than Jewish?


amber

7 May, 2010 - 17:54

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tom eisner, Hamas not only advocates the destruction of Israel (they do not have the same sensibilities as you regarding which borders), they also advocate the extermination of every Jew on earth. Read their charter.

You won't grow until you recognize this fact.


tomeisner2

7 May, 2010 - 20:30

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Well Amber I have news for you because the two members of Hamas I met were actually very pleasant to me when I told them I was Jewish.We spent 1 hour together discussing the whole situation over lunch, I think you would also have enjoyed their company! They didn't exterminate me because I am still here to tell the tale.
It is strange that I seem to have only had positive experiences when I have been to Palestine and met real live Palestinians. I make a point of telling them all that I am Jewish. Strange that they seem to like me all the more for that don't you think? Several of them actually refer to me as their Brother. I love being called that.


amber

7 May, 2010 - 23:10

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yes tom it is strange that Hamas treat you so nicely, when they have murdered so many Israeli civilians simply for being Jewish. Perhaps you could play the role of useful idiot, telling people in the West what a great bunch of guys Hamas are and acting as a propaganda tool. Did it occur to you that you're being used? You know, there were Jews who consorted with the Nazis before they were rounded up and sent to the death camps.

Do you condemn Hamas' racist and antisemitic charter/ Have you read it?


amber

7 May, 2010 - 23:11

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tom, the fact that they call you "brother" seems to mean a lot to you. I would suggest that a bit of counselling may be in order to explain your need for approval by antisemites.


amber

8 May, 2010 - 13:34

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tom eisner, the racism only exists on paper? Tell that to the hundreds of Israeli civilians who have been murdered, deliberately, by Hamas, simply for being Jews. You are one of those people when, confronted with the racism of Hamas, simply dismiss it as "well, they don't really mean it." Their actions demonstrate clearly that they do mean it. Furthermore, the incitement against Jews on TV, radio and in school textbooks simply pass you by.

And your equation between Hamas and the early re-establishers of Israel is ridiculous. Which of Israel's early leaders called for the extermination of all Arabs? None. The ANC did not advocate extermination of all white people. Your problem is that you are incapable of any nuanced thinking.

As for Palestinian friends, what does this prove? I am confident there are some very nice Palestinians. There are also some very nasty ones - neo-Nazis in fact. So what? We're discussing the actions of Hamas. And I suppose you have no problems with Goldstone putting 28 people to death?


jose (not verified)

9 May, 2010 - 11:02

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tomeisner2:
"Jose, If you were a Palestinian living in Gaza I think you would feel very angry about how the outside world had treated you."

Well, that is not new and anyone with little wits can think the world is not fair. I know some Jews also who think that. In fact most of those who survived the Shoah.

"A free fair election was held and Hammas won. Then they were told that this couldn't be accepted because the wrong result was arrived at."

Oh, the Germans also voted for the Nazi regime and everyone else thought it was the wrong result... Considering what happened later, I don't think they would disagree today. The difference with Palestinians is that the Germans rarely complain that they were treated unfairly (but they have no tomeisner2 among them). They voted for hate an terror and harvested exactly that. No reason to complain.


jose (not verified)

9 May, 2010 - 11:14

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tomeisner2: "Palestinians turned to Hamas because of the corruption of Fatah."

Germans turned to Hitler exactly for the same reason (replace "Fatah" with "Weimar republic"). And for the trains to be on time, too.

"the two members of Hamas I met were actually very pleasant to me when I told them I was Jewish."

Useful idiots are good for their propaganda and will help them to reach their main goal quicker. Look how they used Charles Enderlin, for example.


jose (not verified)

9 May, 2010 - 11:26

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tomeisner2: "Of course the Hamas charter is racist, but I believe it is very important to keep a dialogue going."

Racist and genocidal. You forgot "genocidal".


amber

9 May, 2010 - 12:35

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Good points Jose - yet somehow I don't think we're dealing with a rational (or historically literate) person.


Jonathan Hoffman

9 May, 2010 - 14:27

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"The most serious charge levelled against Goldstone -- one of the most serious, anyway -- is that he is a man without a moral compass, who did what he did at the UN because he wants to be remembered as an avatar of human rights, and he knew that one way to become a favorite of the human rights community would be to lead the charge against that community's most favored target. This new report suggests not only that Goldstone is at best intermittently principled, but that he knew his old hanging-judge record would one day catch up with him."

http://www.theatlantic.com/international/archive/2010/05/richard-goldsto...

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