By Bishop Donald Corder* | Sabbah Report | www.sabbah.biz
Palestinian Battle Cry: "No credible Goldstone Investigation no International Holocaust Remembrance Day!" Echoing the demand for justice in response to the UN General Assembly's endorsement of the 'Report of the United Nations Fact Finding Mission on the Gaza Conflict' (document A/HRC/12/48), informally referred to as the "Goldstone report", after Richard Goldstone, the South African Justice who headed the mission. Goldstone Report provides for litigation in the International Criminal Court that ultimately would make political alliances nigh on impossible to justify with a nation governed by war criminals. While, likewise making Zionist attempts to maintain and perpetuate the Holocaust as a legal theory subsequently becoming morally problematic for Israel but pre-eminently more so for Israel's American supporters.
Of subtle importance attached to this issue is Resolution 60/7 establishing 27 January as an International Holocaust Remembrance Day and urges every member nation of the U.N. to honor the memory of Holocaust victims, and encourages the development of educational programs about Holocaust history to help prevent future acts of genocide as it also rejects any denial of the Holocaust as a historical event. It singularly encourages mobilization of civil society for Holocaust remembrance and education. Affirming we must also go beyond remembrance, and make sure that new generations know this history.
In more fully accessing the overt and subtle ramifications of this resolution we must also consider the remarks of Norman G. Finkelstein of the City University of New York who states: ' "The Holocaust" is an ideological representation of the Nazi holocaust. Like most ideologies, it bears a connection, if tenuous, with reality. The Holocaust is not an arbitrary, but rather an internally coherent construct. Its central dogmas sustain significant political and class interests. Indeed, The Holocaust has proven to be an indispensable ideological weapon.
Through its deployment, one of the world's most formidable military powers, with a horrendous human rights record, has cast itself as a 'victim' state, and the most successful ethnic group in the United States has likewise acquired victim status. Considerable benefits accrue to this specious victimhood – in particular, immunity to criticism, however justified. " (Finkelstein, The Holocaust Industry: Reflections on the Exploitation of Jewish Suffering, New Edition 2nd Edition
General Assembly resolutions can be looked upon to be non-binding recommendations but it might be argued that this non-binding character does not mean that advisory opinions are without legal effect, because the legal reasoning embodied in them reflects the International Criminal Court's authoritative views on important issues of international law and, in arriving at them, the Court follows essentially the same rules and procedures that govern its binding judgments delivered in contentious cases submitted to it by sovereign states. In this view, an advisory opinion derives its status and authority from the fact that it is the official pronouncement of the principal judicial organ of the United Nations when we consider there is the signed "Negotiated Relationship Agreement between the International Criminal Court and the United Nations."
Furthermore, UN Model Treaty on the Transfer of Proceedings in Criminal Matters; the UN Model Treaty on Extradition; and the UN Model Treaty on the Transfer of Proceedings in Criminal Matters; all spring from UN Resolutions as did Resolution 60/7 establishing 27 January as an International Holocaust Remembrance Day. Arguments potentially being raised concerning the applicable jurisprudence reaching into those items composing the language and content of these legally controlling documents and whether these written elements are grounded in legal fiction, hearsay or substantive evidence.
Goldstone's espousing the applicability of 'truth finding, I believe should be equally applied in testing the elements contained within the UN Resolution Denial of the Holocaust as a legal document; with no lesser scrutiny than the investigation of the allegations levied in the Goldstone Report. International Criminal Court Rules of Procedure and Evidence under Rules 66 and 67 asserts that truth telling is a solemn duty and the venue employed must be conducive to the giving of truthful and open testimony. To wit: (1) What does "never happen again entail?" (2) How does the unintended consequence and employment of the Holocaust Commemoratives impact the UN Charter in its quest for global peace? (3) Does the official 'histography' of the Holocaust withstand inspection and rigor as a legal theory delineated in Resolution 60/7? Truth telling escalates when the resolution directs us to teach Holocaust history throughout the generations of our children's children.
Legal challenges of Israel before the courts could be the great Armageddon of our day and it needs be recognized clearly that the Goldstone report provides the doorway. Wherein, legal footing can be grounded, if carried to its logical conclusion, allowing the Palestinians to question the legality of the unilateral declaration of Israel to statehood without endorsement of the Nation of Palestine. Such threat might be sensed by those of us on the outside of the issue but I am persuaded Israel fully realizes this legal fact of life. As we look upon them and consider their constant arm twisting and screaming demands to be recognized as "having a right to exist". In a court of law someone might possibly allow raising questions of their perceived right of sovereignty and jurisdictional latitudes.
Questions and inquiry thereafter being raised asking who are the legal and necessary persons who may or may not participate or be prosecuted in the proceedings before the International Criminal Court Tribunal. Should the Nation of Palestine be recognized in this forum and Israel relegated to some other judicial status in the proper address of war crimes allegations? I pray that some legal professional will come to the forefront to properly address these inasmuch as I am not a lawyer and I dare not lift my head up out of the foxhole to give a legal opinion.
But, didn't Israel violate the terms and contractual covenants they agreed to in order to satisfy membership requirements for their legal entry into the United Nations? And perhaps that condition was imposed as necessary in exchange for Israel to be legitimately recognized as a nation; after Israel having failed in their first application submittal? Upon resolution of these, motif behind the slaughters in the Gaza Holocaust might even be legally redefined to just plain old murder.
For the Palestinian side, Prior to its admission to United Nations membership, Israel made clear pledges to the members of the United Nations that it would implement resolution 181 (II) and resolution 194 (III) of 1949, related inter alia to the rights of Palestine refugees. In actuality, resolution 273 (III) of 11 May 1949, admitting Israel to membership in the United Nations, recalled in its preamble both of those resolutions and took note of the declarations and explanations made by the representative of the Government of Israel before the Ad Hoc Political Committee with respect to the implementation of the said resolutions [Jerusalem in International Diplomacy http://www.jcpa.org/art/jid-apx.htm].
There seems to be no noticeable will to do what is necessary to stop the blood letting. "Anyone who rejects the two-state solution, won't bring a one-state solution. They will instead bring one war, not one state. A bloody war with no end." – Israeli President Shimon Peres, 7 November 2009. Yet, on the Arab side we hear, "Every situation has unique features, and although there are patterns in history, it never repeats itself exactly. But what we can conclude from studying the pasts and presents of others is that Palestinians and Israelis are no less capable of writing themselves a post-colonial future that gives everyone a chance at a life worth living in a single, democratic state." [Intifada Israeli Jews and the One State Solution http://intifada-palestine.com/2009/11/18/israeli-jews-and-the-one-state-solution-3/] Let us start here and now by sending or linking this article throughout our collective networks on behalf of the Palestinian children.
Then let us stand together with the Palestinian people and ask the world to join us in the single refrain: "No Credible Goldstone Investigation no International Holocaust Remembrance Day!"
* Don Corder is presiding bishop for Spirit of Life International Believers Fellowship and Senior Pastor of the Pillar of Truth Ministries. Mr. Corder is a published author, grassroots organizer and community activist, in addition to his work in urban and international development as a business consultant and entrepreneur. Email: Corder.Donald@yahoo.com
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