Where now for the Goldstone report?

In short, there are no new facts that could possibly have led Richard Goldstone to change his mind a

In an op-ed in the Washington Post, Richard Goldstone, the former South African constitutional court judge and prosecutor of the International Criminal Tribunal for the Former Yugoslavia, expresses misgivings about the central finding of the UN Human Rights Council fact-finding mission report on the Gaza conflict of 2008-2009 (named, after its chairman, "the Goldstone report") that Israel's indiscriminate attacks on civilians in Gaza were intentional.

The op-ed makes strange reading.

It states that the Goldstone report would have been a different document "had I known then what I know now", but fails to disclose any information that seriously challenges the findings of the Goldstone Report.

It claims that investigations published by the Israeli military and recognised by a follow-up UN committee report chaired by Judge Mary McGowan Davis, which appeared in March, "indicate that civilians were not intentionally targeted as a matter of policy". But the McGowan Davis report contains absolutely no such "indication" and instead seriously questions Israel's investigations, finding them to be lacking in impartiality, promptness and transparency.

Goldstone expresses "confidence" that the officer responsible for perhaps the gravest atrocity of Operation Cast Lead (Israel's code name for its assault on Gaza) – the killing of 29 members of the al-Samouni family – will be punished properly by Israel, even though the McGowan Davis report provides a critical assessment of Israel's handling of the investigation into this killing.

Finally he claims that the McGowan Davis report finds that Israel has carried out investigations "to a significant degree", but in fact this report paints a very different picture of Israel's investigations of 400 incidents, which have resulted in two convictions, one for theft of a credit card, resulting in a sentence of seven months' imprisonment, and another for using a Palestinian child as a human shield, which resulted in a suspended sentence of three months.

Cold, calculated and deliberate

In short, there are no new facts that exonerate Israel and that could possibly have led Goldstone to change his mind. What made him change his mind therefore remains a closely guarded secret.

The Goldstone report was not the only fact-finding report on Operation Cast Lead. Amnesty International, Human Rights Watch and the League of Arab States (whose mission I chaired) all produced thorough reports on the conflict.

In all the reports, including the Goldstone report, there were accounts of the killings of civilians by Israel Defence Forces (IDF) in a cold, calculated and deliberate manner. But the principal accusation levelled at Israel was that during its assault on Gaza, it used force indiscriminately in densely populated areas and was reckless about the foreseeable consequences of its actions, which resulted in at least 900 civilian deaths and 5,000 wounded.

In terms of the Rome Statute of the International Criminal Court, it is a war crime to direct attack so intentionally against a civilian population (Article 8(2)(b)(i)). Such an intention need not be premeditated: it suffices if the person engaging in such action meant to cause the consequence of his action, or "is aware that it will occur in the ordinary course of events" (Article 30).

Goldstone's op-ed may be interpreted to mean that he is now satisfied (though there is no evidence to support this) that Israel did not as a matter of policy deliberately and in a premeditated manner target civilians, and that where the calculated killing of civilians occurred this was without the blessing of the Israeli military and political leadership.

But he could not possibly have meant that Israel did not "intentionally target civilians as a matter of policy" in the legal sense of intention. That Israel's assault was conducted in an indiscriminate manner with full knowledge that its consequences would be the killing and wounding of civilians is a matter of public record fully substantiated by the Goldstone report and other, equally credible findings.

In his op-ed, Goldstone declares that Hamas's indiscriminate firing of rockets into Israel, which resulted in the killing of four civilians, was an "intentional" targeting of civilians and consequently a war crime. But it is a mystery how he can suggest that the indiscriminate bombing and shooting of Palestinians in Gaza by the IDF, which resulted in nearly a thousand civilian deaths, was not "intentional".

Goldstone does not, like his critics, describe his op-ed piece as a retraction of the Goldstone report. This is not surprising. Richard Goldstone is a former judge and he knows full well that a fact-finding report by four persons, of whom he was only one, like the judgment of a court of law, cannot be changed by the subsequent reflections of a single member of the committee.

This can be done only by the full committee itself with the approval of the body that established the fact-finding mission – the UN Human Rights Council. And this is highly unlikely, in view of the fact that the three other members of the committee – Professor Christine Chinkin of the London School of Economics, Ms Hina Jilani, an advocate of the Supreme Court of Pakistan, and Colonel Desmond Travers, formerly an officer in the Irish Defence Forces – have indicated that they do not share Goldstone's misgivings about the report.

Fight for accountability . . . from Israel and Hamas

Last month the Goldstone report was referred to the General Assembly of the United Nations by the Human Rights Council with the request that it be referred by the Assembly to the Security Council, and that the Security Council submit the matter to the prosecutor of the International Criminal Court, as it has done in the cases of Darfur and Libya.

Doubtless the General Assembly will refer the report to the Security Council, despite Goldstone's op-ed, but it will end there as the customary United States veto will ensure that Israel remains unaccountable.

The Goldstone report is a historical milestone. It is a credible, reasoned, comprehensive and thoroughly researched account of atrocities – war crimes and crimes against humanity – committed by Israel in the course of Operation Cast Lead, and of war crimes committed by Hamas in the indiscriminate firing of rockets into Israel. It is a serious attempt to secure the accountability of a state that has for too long been allowed by the west to behave in a lawless manner.

That the credibility of the Goldstone report has been undermined by Goldstone's strange op-ed in the Washington Post cannot be denied.

Although the report was authored by four experts with the backing of a team from the office of the High Commissioner for Human Rights, it has undoubtedly come to be associated with the name of Richard Goldstone. Inevitably the misgivings he has expressed about his own role in the report will weaken its impact as an historical record of Operation Cast Lead.

Already, the Israeli government has expressed delight at what it construes to be a retraction of the report, and demanded both a contrite apology from Goldstone and a refutation of the report by the United Nations. Predictably the US department of state has welcomed Goldstone`s op-ed, and one fears that European governments will find in it an excuse to justify their continued support for Israel.

Richard Goldstone has devoted much of his life to the cause of accountability for international crimes. It is sad that this champion of accountability and international criminal justice should abandon the cause in such an ill-considered but nevertheless extremely harmful op-ed.

John Dugard is professor of law at the University of Pretoria, emeritus professor of the University of Leiden and former UN special rapporteur on human rights in the occupied Palestinian territory.

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Britain's diversity crisis starts with its writers. Here's why

What happens on the casting couch draws the headline, but the problem starts on the page, says James Graham. 

I’m a playwright and screenwriter, which – pertinent to the issues we’ll be discussing in this enquiry – still feels weird to say. I get embarrassed, still, saying that, in a taxi or hairdressers. I don’t know why I still carry that insecurity about saying I’m a writer, but I do, because it sounds like I’m lying, even in my own head.

Obviously I’m completely biased, and probably overstating the influence and importance of my own profession, but I think so many of the problems surrounding lack of representation in the performing arts start with writers.

If we aren’t encouraging and generating writers from certain communities, classes or backgrounds to tell their stories, to write those roles, then there’s not going to be a demand for actors from those communities to play them. For casting agents or drama schools to prioritise getting diverse actors on stage. We need to create those plays and TV dramas –like the ones that I grew up with. I didn’t have any access to much theatre until I was fifteen, but I did have Boys From the Black Stuff, and I did have Cracker, and I did have Band of Gold. I think the loss of those regional producing bodies – Central, Granada – now all completely centralised into London, means that we just tell less of those stories. I remember a TV show called Boon – anyone? – which was set in Nottingham, and I would see on the TV streets I’d walked down, and think, Oh my God, that actor is walking down a street I’ve walked down. That sounds like it’s insignificant. If you’re from a town that is deprived, that feels ignored, it isn’t.

I was very lucky that at my school (which was, at the time, the largest comprehensive school in the country), from the headmaster down to the drama teachers, everyone just believed that working class kids should do plays. Be in plays, read plays, perform plays to the community. Both inside the curriculum of the school day, and outside it – drama teachers dedicating their time to staying behind. Our head of drama identified a group of us who clearly had a passion for it. We weren’t likely thesps. One lad’s entire family were made unemployed when the pit closed. Many lived on the big council estate. My parents and step-parents worked respectively in warehouses, the local council, or as the local window cleaner (incidentally, my first real job. Which I was terrible at).

Our drama teacher was encouraged and determined enough to launch the first ever Drama A-Level in our school. Based on that, about 10 or 12 of us got the confidence – or arrogance – to take our own show to the Edinburgh Festival. We were 16 or 17, and the first people in our community to ever go to visit the festival. We did a play up there, and after that, a psychological unlocking happened, where I thought: maybe I could do a degree in drama (it was the first time I had ever thought to do so) at university (the first in my family to go. Well, joint-first. My twin sister went on the same day, but I walked into my digs first).

I enrolled in drama at Hull University. A high proportion of my peers were middle class. A higher proportion from London or the South East. They talked often about institutions I had never heard of. They were talking about the National Theatre: I didn’t know we had a national theatre that my parents had been paying tax for that I had never been to. Many had performed with the (again, apparently) ‘National’ Youth Theatre, also in London. Paul Roseby, also on this panel, has made such leaps forward in getting the NYT producing in regional venues, and making auditions possible for people across the UK, but unfortunately, at the time, that wasn’t the case for me – and I was the ideal candidate to be in the National Youth Theatre.

I started writing because I had the confidence after I read texts by people like Jim Cartwright, Alan Bennett, John Godber, Alan Ayckbourn: Northern writers, working class writers that made me think it wasn’t just something that other people do.

After returning home, and working at local theatres, I moved down to London. I had to. The major new writing producers are there. All the TV companies are there. The agents are there. I was lucky to find support in a pub fringe theatre – though the economics meant there was no money to commission, so I wrote plays for free for about four years, that would get produced, and reviewed in the national press, while I worked various jobs in the day and slept for a time on a mate's floor. The first person to ever pay to commission me to write a play was Paul Roseby of the National Youth Theatre. I’m now very lucky to be earning a living doing something I love. In a way, compared to actors, or directors, it’s easier for writers who don’t come from a background that can sustain them, financially, in those early years. Your hours can be more flexible. Yes, it was annoying to miss rehearsals because I had a shift in a call centre, but it was still possible to do it. If you’re an actor or director, you’re fully committed. And if you’re doing that for nothing, there starts to be cut-off point for those from backgrounds who can’t.

I’m sure that local and regional theatres are the key to drawing in talent from less privileged backgrounds. But the range of national arts journalism that cover work outside London has been so significantly reduced. In our little echo chamber a few weeks ago, we theatre types talked about Lyn Gardner at the Guardian. Her coverage has been cut, which is very directly going to affect her ability to cover theatre shows outside of London – and so the self-fulfilling cycle of artists leaving their communities to work exclusively in London takes another, inevitable, turn.

I am culpable in this cycle. I have never done a play at the Nottingham Playhouse, my local producing house growing up – why? Because I’ve never submitted one, because I know that it will get less national press attention. So I just open it in London instead. That’s terrible of me. And I should just bite the bullet and say it doesn’t matter about the attention it gets, I should just go and do a story for my community. And if I, and others, started doing that more, maybe they will come.

I also want to blame myself for not contributing back to the state schools that I come from. I really really enjoy going to do writing workshops with kids in schools, but I would say 90 per cent of those that I get invited to are private schools, or boarding schools, or in the South of England. Either because they’re the ones that ask me, because they’re the ones who come and see my shows in London and see me afterwards backstage, or because they have the confidence to email my agent, or they have the budget to pay for my train ticket. Either way, I should do more. It would have helped the younger me so much to meet a real person, from my background, doing what I wanted to do.

I don’t know how to facilitate that. I take inspiration from Act for Change, creating a grassroots organisation. I know that there is a wealth of industry professionals like me who would, if there was a joined-up structure in place that got us out there into less privileged communities, we would on a regular basis go to schools who don’t get to meet industry professionals and don’t unlock that cultural and psychological block that working class kids have that says, that is not for me, that is something that other people do, I would dedicate so much of my time to it. That’s just one idea of hopefully better ones from other people that might come out of this enquiry.

James Graham is a playwright and screenwriter. This piece is adapted from evidence given by James Graham at an inquiry, Acting Up – Breaking the Class Ceiling in the Performing Arts, looking into the problem of a lack of diversity and a class divide in acting in the UK, led by MPs Gloria De Piero and Tracy Brabin.