Anyone who still doubts the magnitude of the UN Human Rights Council’s anti-Israel bias should read this
Tomuschat’s panel will investigate compliance with the Goldstone Report, which accused both
So here’s what the Jerusalem Post discovered about him. First, he co-authored a brief for Yasser Arafat in 1996 on what legal strategies Palestinians should pursue against Israel — including, incidentally, one they later used with regard to Israel’s security barrier: asking the UN General Assembly to seek a judgment against Israel from the International Court of Justice. Questioned by the Post, Tomuschat confirmed his involvement in the brief but “could not recall” whether Arafat commissioned it.
That’s a distinction without a difference — because whether or not he worked specifically for Arafat, he did work, either voluntarily or for pay, for one party to the current case: the Palestinians. In most legal systems, that would disqualify him from serving as a judge. But not in the HRC’s system.
Second, Tomuschat has already asserted, in a 2002 paper, that states can never properly investigate their own militaries. In his words: “There is little hope that the judicial system of the state concerned will conduct effective investigations and punish the responsible agents. Nowhere have excesses committed by security forces been adequately punished.”
So the man charged with deciding whether
Finally, Tomuschat has already asserted that civilian casualties can never be justified as collateral damage of a legitimate military attack. In that same 2002 paper, he wrote: “If a state strikes blindly against presumed terrorists and their environment, accepting that together with the suspects other civilians lose their lives, it uses the same tactics as the terrorists themselves.” Then, lest anyone miss the point, he said in a 2007 interview that
So the man charged with determining whether
In most legal systems, someone who publicly rejected a major principle of the relevant legal code would be disqualified — especially when one side (
The HRC’s legal system, it seems, has only one sacrosanct principle: against
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