Cotler on the Goldstone Inquiry....

It helps undermine the credibility of the UN....

Disturbing as it may be, the failure to include a thorough review of Hamas's continuous rocket attacks in the resolution establishing the Goldstone Commission - and to then staff the mission with a member who has already decided that such attacks do not alter Israel's guilt - can be seen as evidence of the reductionist narrative that the UN Human Rights Council seeks to promulgate.

None of this is intended to suggest, nor would I wish to have it inferred, that Israel is somehow above the law, or that Israel is not to be held accountable for any violations of law. On the contrary, Israel is accountable for any violations of international law or human rights like any other state. The Jewish people are not entitled to any privileged protection or preference because of the particularity of Jewish suffering.

But the problem is not that Israel seeks to be above the law; it is that Israel has been systematically denied equality before the law in the international arena. The issue is not whether Israel must respect human rights, but that the human rights of Israel and its people have not been respected. The discrimination emerges not from suggesting that human rights standards should be applied to Israel - which they must be - but from the fact that these standards have not been applied equally to anyone else.

IT IS on this basis that the Goldstone Commission should be opposed: not because it represents an objective inquiry into Israel - because independent and impartial inquiries should be welcomed by democracies - but precisely because it does not represent such an objective inquiry.

Consistently applying discriminatory standards has the effect not only of demonizing Israel, but of undermining the integrity of the UN and the edifice of international law. Decades from now, historians looking back at the meetings of the council will be led to believe that more Palestinians died at the hands of Israelis than Darfurians at the hands of Sudan; that discrimination was institutionalized in Israel to a larger extent than in apartheid South Africa; and that Israel - the lone democracy in the Middle East - was a greater threat to international peace and security than any other state since its inception.

But yet it was Hamas that fired deliberately on Israeli civilians. It was Hamas that boasted - only days before the conflict exploded in December - that Israel was "hopeless and desperate" when faced with its attacks. It was Hamas that promised to continue firing rockets, that painted Israel and Jews as the sons of apes and pigs and that called for their murder in its charter and publicly incited to their genocide.

Once the war began, it was Hamas that continued to target Israeli civilians - not infrequently but as part of a systematic, widespread attack. It was Hamas that chose to position its fighters in Palestinian civilian areas. It was Hamas that decided to misuse humanitarian symbols - such as using an ambulance to transport fighters - to launch attacks. It was Hamas that recruited children into armed conflict. These are all indisputable war crimes. Yet they do not find their way, at any point, into the resolution establishing the Goldstone Commission.

The mission's mandate is tainted through more subtle ways of prejudging its conclusions as well. For instance, the council's enabling resolution refers to the Gaza as being "occupied Palestinian territory." Such a description is loaded, and ignores the reality on the ground - that Israel fully withdrew from Gaza years ago. Indeed, the territory's status under international law remains unclear. By adopting this vernacular, the council - and Goldstone himself, who uses a similar characterization - implicitly predetermines an essential part of its analysis. For under international law, what constitutes a legitimate response will be very different depending on whether rocket attacks are coming from territory a state "controls," or whether they are coming from territory that is controlled by the attacking terrorist government, as in the case of Hamas.