Yediot Ahronoth's Hebrew site reports that that Judge Richard Goldstone sent 28 black South Africans to their death when they appeared before his court during the apartheid era.
And now that Yediot and the blogosphere is asking, "Who is Goldstone to judge Israel with his one-sided report on the Gaza war," the jurist's response is adding fuel to the fire.
First, the Yediot investigation, which will be published in full on Friday. Jerusalem Central (via Israel Matzav) provides details:
According to Yediot's findings, Goldstone confirmed the death sentences of at least 28 accused blacks, who had appealed their sentences, most of them for murder, and he expressed his support for death sentences in his decisions as well, as he wrote in the case of a young black man who was sentenced to death for killing the white owner of a restaurant after he fired him: "The death penalty needs to reflect the demands of society to take retribution for the crimes that people see, justifiably, as horrifying".
Goldstone, "declared that the gallows were the only punishment of deterrent in these cases", and wrote: "Fury is a relevant factor in the imposition of a suitable punishment".
Whoa! An internationally acclaimed jurist says that fury is a "relevant factor" in choosing a suitable punishment? Sounds, uh, disproportionate. If an Israeli judge were make such an assertion, can you imagine the outrage of the UN Human Rights Council, or Human Rights Watch?
Goldstone responded by telling Haaretz he was a good boy following orders:
"The law at the time stated that when there were aggravating circumstances, the death penalty was obligatory," he said. "The regrets I have now are the same that I had at the time. I have not changed my position on this. It was unpleasant to be involved in capital punishment – then and now. And I've always been against the death penalty. But when I accepted the position to the bench I had to honor the oath of office."
There's a rotten smell of hypocrisy here. Just yesterday, Goldstone dug in his heels at The Guardian's Comment is Free section:
It would have been hypocritical for me to continue to speak out against violations of international law and impunity for war crimes around the world but remain silent when it came to Israel simply because I am Jewish.
No. Goldstone's hypocrisy was in being an active participant — however squeamish — in a process that unfairly sent black men to their death, then sanctimoniously condemning Israel for defending itself from eight years of rocket attacks.
Yediots full report tomorrow is sure to have people scrambling, so stay tuned.
UPDATE May 6: See the Jewish Chronicle for Judge Goldstone's reax to Yediot.
