Background: Significant that Pres. Obama Accepted Terms of References of
Terkel Commission
Dr. Aaron Lerner Date: 14 June 2010
Let's look at the 13 June Statement by the White House Press Secretary on
Israel's investigation into the flotilla:
http://thepage.time.com/gibbs-statement-on-israels-gaza-flotilla-probe/
#1. Defines the parameters of the investigation required: "Through a
presidential statement of the United Nations Security Council, the United
States joined the international community. supporting the completion of a
prompt, impartial, credible, and transparent investigation."
So the parameters are:
(a) prompt,
(b) impartial
(c) credible
(d) and transparent investigation
#2. Confirms that the Israeli commission meets those parameters: "the
structure and terms of reference of Israel's proposed independent public
commission can meet the standard of a prompt, impartial, credible, and
transparent investigation."
That's:
(a) prompt
(b) impartial
(c) credible
(d) transparent investigation
Now let's look at the "terms of reference" that President Obama accepted
from the resolution appointing the Terkel Commission:
www.pmo.gov.il/PMOEng/Communication/Spokesman/2010/06/spokemashat130610.htm
"4. The Commission will submit its conclusions on the question of whether
the actions set out in paragraph 1 and their objectives, as well as
additional matters involved therein, were in conformity with the rules of
international
law.
For this purpose, the Commission will address the following issues:
a) Examination of the security circumstances surrounding the imposition
of the naval blockade on the Gaza Strip and the conformity of the naval
blockade with the rules of international law.
b) The conformity of the actions taken by Israel to enforce the naval
blockade in the incident of 31 May 2010 with the rules of international law.
c) Examination of the actions taken by the organizers of the flotilla
and its participants, as well as their identity.
5. In addition, the Commission will examine the question of whether the
mechanism for examining and investigating complaints and claims raised in
relation to violations of the laws of armed conflict, as conducted in Israel
generally, and as implemented with regard to the present incident, conform
with the obligations of the State of Israel under the rules of international
law."
The "terms of reference" that President Obama accepted limit the
investigation to the legality of Israel's actions - not if anyone screwed
up. In fact, the only group being investigated in an open ended fashion are
the organizers of the flotilla.
The only instance that the Terkel Commission could arrive at conclusions
that would reflect on any of the Israeli actors (e.g. DM Barak) would be if
they concluded that they acted in violation of international law.
To conclude, while the remark by White House Press Secretary Gibbs that "we
will not prejudge the process or its outcome, and will await the conduct and
findings of the investigation before drawing further conclusions" does
leave open the possibility that there will be problems with President Obama
on this matter, his acceptance of Israel's "terms of reference" represents a
significant limitation on future criticism of the Terkel Commission.
Dr. Aaron Lerner, Director IMRA (Independent Media Review & Analysis)
(Mail POB 982 Kfar Sava)
Tel 972-9-7604719/Fax 972-3-7255730
INTERNET ADDRESS: imra@netvision.net.il
Website: http://www.imra.org.il
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