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The Dark Side of Legal Truth

Published online by Cambridge University Press:  18 May 2017

Shiri Krebs*
Affiliation:
Stanford Center on International Security and Cooperation (CISAC), Stanford Law School

Abstract

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Type
Conflict, Accountability, and Justice (New Voices)
Copyright
Copyright © American Society of International Law 2016

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References

1 Rep. of the United Nations Fact-Finding Mission on the Gaza Conflict, A/HRC/12/48, p. 92 (Sept. 25, 2009), at http://www2.ohchr.org/english/bodies/hrcouncil/docs/12session/A-HRC-12-48.pdf.

2 Efraim Ya’ar & Tamar Herman, Peace Index - September 2009 (2009), available at http://www.tau.ac.il/peace.

3 Efraim Ya’ar & Tamar Herman, Peace Index - March 2009 (2009), available at http://www.tau.ac.il/peace.

4 Following the release of the Goldstone report, Israeli authorities pressed charges against Israel Defense Forces soldiers in only three cases (out of hundreds of complaints concerning unlawful behavior during Operation Cast Lead). In one of these cases, two soldiers were convicted of forcing a nine-year-old Palestinian child to search bags suspected of being booby trapped. They were demoted and received suspended sentences of three months each (150/10 The Military Prosecutor v. A. S. and G. S. (2010) (not published)). In another case, a soldier was sentenced to a prison term of seven and a half months for stealing a credit card during the operation. And finally, in the only case relating to unlawful killing of a civilian, the accused pleaded guilty to an unlawful use of weapon and was sentenced to forty-five days of imprisonment, demotion, and suspended six-month sentence. See Rep. of the Comm. of Independent Experts in International Humanitarian and Human Rights Law Established Pursuant to Council Resolution 13/9, A/HRC/16/24, p. 8 (Mar. 18, 2011), at http://www2.ohchr.org/english/bodies/hrcouncil/docs/16session/A.HRC.16.24_AUV.pdf; Cast Lead Operation, B’Tselem (Sept. 18, 2014), at http://www.btselem.org/hebrew/gaza_strip/castlead_operation.

5 Farer, Tom, The Goldstone Report on the Gaza Conflict: An Agora, 16 Glob. Governance 139 (2010)Google Scholar. See also Jerome Slater, The Attacks on the Goldstone Report, in The Goldstone Report: The Legacy of the Landmark Investigation of the Gaza Conflict 360–74 (Adam Horowitz, Lizzy Ratner & Philip Weiss eds., 2011) (stating that the report “has been so relentlessly and bitterly attacked in Israel and the United States that it has become toxic”).

6 The Goldstone mission found that the number of Palestinian casualties varies between 1,387 to 1,417, without distinguishing between civilians and combatants. Rep. of the United Nations Fact-Finding Mission on the Gaza Conflict, supra note 1, at 90–91.

7 Richard J Goldstone, Reconsidering the Goldstone Report on Israel and War Crimes, Wash. Post (Apr. 1, 2011), at http://www.washingtonpost.com/opinions/reconsidering-the-goldstone-report-on-israel-and-war-crimes/2011/04/01/AFg111JC_story.html.

8 Rep. of the Mapping Exercise Documenting the Most Serious Violations of Human Rights and International Humanitarian Law Committed Within the Territory of the Democratic Republic of the Congo Between March 1993 and June 2003 (August 2010), at http://www.ohchr.org/Documents/Countries/CD/DRC_MAPPING_REPORT_FINAL_EN.pdf.

9 Statement by the Government of Rwanda on Leaked Draft UN Report on DRC, Rwanda News Agency (Aug. 27, 2010), at http://rnanews.com/politics/4080-statement-by-the-government-of-rwanda-on-leaked-draft-un-report-on-drc-.

10 Milanović, Marko, The Impact of the ICTY on the Former Yugoslavia: An Anticipatory Postmortem, 110 AJIL 233 (2016)CrossRefGoogle Scholar.

11 Id.

12 Philip Alston & Sarah Knuckey, The Transformation of Human Rights Fact-Finding: Challenges and Opportunities, in The Transformation of Human Rights Fact-Finding 4 (Philip Alston & Sarah Knuckey eds., 2016).

13 Chilton, Adam S. & Tingley, Dustin H., Why the Study of International Law Needs Experiments, 52(1) Col. J. of Transnat’l L. 173 (2013)Google Scholar.

14 Alex Boraine, Truth and Reconciliation in South Africa: The Third Way, in Truth v. Justice: The Morality of Truth Commissions 141–57 (Robert I. Rotberg & Dennis Thompson eds., 2000).