[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 138 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
S. RES. 138

Calling on the United Nations to rescind the Goldstone report, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 8, 2011

  Mrs. Gillibrand (for herself and Mr. Risch) submitted the following 
  resolution; which was referred to the Committee on Foreign Relations

_______________________________________________________________________

                               RESOLUTION


 
Calling on the United Nations to rescind the Goldstone report, and for 
                            other purposes.

Whereas, on January 12, 2009, the United Nations Human Rights Council passed 
        Resolution S-9/1, authorizing a ``fact-finding mission'' regarding the 
        conduct of the Government of Israel during Operation Cast Lead between 
        December 27, 2008, and January 18, 2009;
Whereas that resolution prejudged the outcome of the fact finding mission by 
        mandating that it investigate ``violations of international human rights 
        law and international humanitarian law by the occupying power, Israel, 
        against the Palestinian people'';
Whereas, on September 15, 2009, the ``United Nations Fact Finding Mission on the 
        Gaza Conflict'' released its report, now known as the ``Goldstone 
        report'', named for its chair, South African Jurist Richard Goldstone;
Whereas the report made numerous unsubstantiated assertions against Israel, in 
        particular accusing the Government of Israel of committing war crimes by 
        deliberately targeting civilians during its operations in Gaza;
Whereas the report downplayed the overwhelming evidence that Hamas deliberately 
        used Palestinian civilians and civilian institutions as human shields 
        against Israel and deliberately targeted Israeli civilians with rocket 
        fire for over eight years prior to the operation;
Whereas the United Nations Human Rights Council voted to welcome the report, to 
        endorse its recommendations, and to condemn Israel without mentioning 
        Hamas;
Whereas, as a result of the report, the United Nations General Assembly has 
        passed two resolutions endorsing the report's findings, the United 
        Nations Secretary-General has been requested to submit several reports 
        on implementation of its recommendations, and the Human Rights Council 
        is scheduled to follow up on implementation of the report during future 
        sessions;
Whereas the findings of the Goldstone report and the subsequent and continued 
        United Nations member state actions following up on those findings have 
        caused and continue to cause extensive harm to Israel's standing in the 
        world and could potentially create legal problems for Israel and its 
        leaders;
Whereas Justice Richard Goldstone publicly retracted the central claims of the 
        report he authored in an op-ed in The Washington Post on April 2, 2011;
Whereas Justice Goldstone wrote in that article that if he ``had known then what 
        I know now, the Goldstone Report would have been a different document'';
Whereas Justice Goldstone concluded that, contrary to his report's findings, the 
        Government of Israel did not intentionally target civilians in the Gaza 
        Strip as a matter of policy;
Whereas, in contrast, Justice Goldstone states that the crimes committed by 
        Hamas were clearly intentional, were targeted at civilians, and 
        constitute a violation of international law;
Whereas Justice Goldstone also conceded that the number of civilian casualties 
        in Gaza was far smaller than the report alleged;
Whereas Justice Goldstone admitted that Israel investigated the findings in the 
        report, while expressing disappointment that Hamas has not taken any 
        steps to look into the report's findings; and
Whereas Justice Goldstone concluded that ``Israel, like any other sovereign 
        nation, has the right and obligation to defend itself and its 
        citizens'': Now, therefore, be it
    Resolved, That the Senate--
            (1) calls on the United Nations Human Rights Council 
        members to reflect the author's repudiation of the Goldstone 
        report's central findings, rescind the report, and reconsider 
        further Council actions with respect to the report's findings;
            (2) urges United Nations Secretary-General Ban Ki Moon to 
        work with United Nations member states to reform the United 
        Nations Human Rights Council so that it no longer unfairly, 
        disproportionately, and falsely criticizes Israel on a regular 
        basis;
            (3) requests Secretary-General Ban Ki Moon to do all in his 
        power to redress the damage to Israel's reputation caused by 
        the Goldstone report;
            (4) asks the Secretary-General to do all he can to urge 
        member states to prevent any further United Nations action on 
        the report's findings; and
            (5) urges the United States to take a leadership role in 
        getting the United Nations and its bodies to prevent any 
        further action on the report's findings and limit the damage 
        that this libelous report has caused to our close ally Israel 
        and to the reputation of the United Nations.
                                 <all>