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'''Richard J. Goldstone''' (born October 26, 1938) is a former ]n ]. He served on the ] Supreme Court and Appellate Division of the Supreme Court under the ] regime. After the dismantling of Apartheid he served on the ] <ref name="unhrc_pr"/>. He also served as the chief prosecutor of the United Nations International Criminal Tribunals ] and ] from 15 August 1994 to September 1996,<ref name="unhrc_pr"/> and in 2009 led an independent fact-finding mission created by the ] to investigate international human rights and humanitarian law violations related to the ].<ref name="unhrc_pr">{{citation | publisher = ] | title = Richard J. Goldstone Appointed to Lead Human Rights Council Fact-finding mission on Gaza Conflict | url = http://www.unhchr.ch/huricane/huricane.nsf/0/2796E2CA43CA4D94C125758D002F8D25?opendocument | date = 3 April 2009}}</ref><ref name="unhrc_bbc_appointment">{{cite news | title = UN appoints Gaza war-crimes team | publisher = ] | date = 14:42 GMT, Friday, 3 April 2009 | url = http://news.bbc.co.uk/2/hi/middle_east/7981538.stm | accessdate = Friday, 3 April 2009 | location=London}}</ref>
{{Use dmy dates|date=September 2020}}
{{Use South African English|date=January 2013}}
{{Infobox person
| name = Richard J. Goldstone
| honorific_prefix = <small>]</small>
| image = Richard Goldstone.jpg
| caption = Goldstone in 2019
| birth_date = {{Birth date and age|df=yes|1938|10|26}}
| birth_place = ], ]
| spouse = Noleen Goldstone
| children = 2
| known_for = Chairing the ], prosecuting war crimes in Yugoslavia and Rwanda, leading the ]
| occupation = Lawyer
}}
'''Richard Joseph Goldstone''' (born 26 October 1938) is a South African retired ] who served in the ] from July 1994 to October 2003. He joined the bench as a judge of the ], first in the ] from 1980 to 1989 and then in the ] from 1990 to 1994. Before that, he was a commercial lawyer in ], where he entered legal practice in 1963 and ] in 1976.


He is considered to be one of several liberal judges who issued key rulings that undermined ] from within the system by tempering the worst effects of the country's racial laws. Among other important rulings, Goldstone made the ] – under which non-whites were banned from living in "whites only" areas – virtually unworkable by restricting evictions. As a result, prosecutions under the act virtually ceased.
==Family life and religious background==
Richard Goldstone is a ] ],<ref>http://www.haaretz.com/hasen/spages/1116379.html</ref> who is married to Noleen Goldstone. They have two daughters and four grandsons.


During the transition from apartheid to ] in the early 1990s, he headed the influential ] investigations into political violence in South Africa between 1991 and 1994. Goldstone's work enabled multi-party negotiations to remain on course despite repeated outbreaks of violence, and his willingness to criticise all sides led to him being dubbed "perhaps the most trusted man, certainly the most trusted member of the white establishment" in South Africa.<ref name="Keller" /> He was credited with playing an indispensable role in the transition and became a well known public figure in South Africa, attracting widespread international support and interest.
==Law==
===South Africa===
Goldstone was educated at King Edward VII School (KES) and graduated from the ] with a ] ] in 1962.<ref name="unhrc_pr"/> He then practised as an Advocate at the Johannesburg Bar.<ref name="unhrc_pr"/> In 1976 he was appointed Senior Counsel and in 1980 was made Judge of the Transvaal Supreme Court.<ref name="unhrc_pr"/>


Goldstone's work investigating violence led directly to his being nominated to serve as the first chief prosecutor of the United Nations ] and ] from August 1994 to September 1996.<ref name="unhrc_pr"/> He prosecuted a number of key war crimes suspects, notably the ] political and military leaders, ] and ]. On his return to South Africa he took up a seat on the newly established ], to which he had been nominated by President ].<ref name="unhrc_pr"/>
As a judge on South Africa's ] Supreme Court from 1980 until he was appointed judge of the Appellate Division of the Supreme Court in 1989 by the Apartheid government, Goldstone enforced the draconian "emergency laws" of the ] regime.<ref>http://www.wnd.com/index.php?fa=PAGE.view&pageId=116873</ref>


In 2009, Goldstone led a ] created by the ] to investigate international human rights and humanitarian law violations related to the ].<ref name="unhrc_pr">{{cite web | publisher = ] | title = Richard J. Goldstone Appointed to Lead Human Rights Council Fact-finding mission on Gaza Conflict | url = http://www.unhchr.ch/huricane/huricane.nsf/0/2796E2CA43CA4D94C125758D002F8D25?opendocument | date = 3 April 2009}}</ref><ref name="unhrc_bbc_appointment">{{cite news | title = UN appoints Gaza war-crimes team | work = BBC News | date = 3 April 2009 | url = http://news.bbc.co.uk/2/hi/middle_east/7981538.stm | access-date =3 April 2009 | location=London}}</ref> The mission concluded that ] and ] had both potentially committed war crimes and crimes against humanity, findings which sparked outrage in Israel and the initiation of a personal campaign against Goldstone.<ref>{{cite news |title=Judge Goldstone to visit Israel, says minister |url=https://www.theguardian.com/global/2011/apr/05/judge-goldstone-israel-visit?intcmp=239 |agency=Associated Press |newspaper=The Guardian |location=London |date=5 April 2011}}</ref> In 2011, in the light of investigations by the Israeli forces which indicated that they had not intentionally targeted civilians as a matter of policy, Goldstone wrote that if evidence which had been available later had been available at the time, the Goldstone Report would have been a different document.<ref name="WP0401" />
====Criticism====


==Early life and education==
A report carried by Israeli newspaper ] made accusations that during his role as judge during the State of Emergency in 1980s, Richard Goldstone sentenced 28 black men to death and 4 black men to receive lashings. The report also alleged that Goldstone sentenced these men to death after they appealed their conviction of murder.<ref name="Goldstone's death trials"> Yediot Aharonot, 07.05.2010 "Goldstone's death trials" </ref><ref name="Goldstone Past Ynet"></ref><ref>http://www.thejc.com/news/world-news/31527/goldstone-responds-death-penalty-allegations</ref>


Goldstone was born on 26 October 1938 in ] near ] in South Africa's ].<ref name=":0">{{Cite web |date=2006-06-20 |title=Justice Richard Goldstone |url=http://www.constitutionalcourt.org.za/site/judges/justicerichardgoldstone/index1.html |archive-url=https://web.archive.org/web/20060620211620/http://www.constitutionalcourt.org.za/site/judges/justicerichardgoldstone/index1.html |archive-date=2006-06-20 |access-date=2024-02-11 |website=Constitutional Court of South Africa}}</ref> His parents were second-generation immigrants:<ref name="Devine1999">{{Cite book |last1=Devine |first1=Carol |url=https://archive.org/details/humanrightsessen00devi |title=Human Rights: The Essential Reference |last2=Hansen |first2=Carol Rae |last3=Wilde |first3=Ralph |last4=Poole |first4=Hilary |publisher=Oryx Press |year=1999 |isbn=978-1-57356-205-8 |location=] |pages=–191 |chapter=Chapter 7: Human Rights Activists |access-date=31 May 2010 |url-access=registration |name-list-style=amp}}</ref> his maternal grandfather was English and his paternal grandfather was a ] who emigrated in the 19th century.<ref>{{cite news|title=Judge of our inactions|work=]|date=1 October 1994}}</ref> He was educated at the ] in Johannesburg and read law at the ], graduating in 1962 with a BA LLB ''cum laude''.<ref name="Whoswho1">{{cite book |url=https://archive.org/details/internationalwho2004ond/page/624 |title=The International Who's Who 2004 |publisher=Europa Publications |year=2003 |isbn=978-1-85743-217-6 |page=}}</ref><ref name="unhrc_pr" /> He later recalled: "My grandfather decided when I was about four I was going to be a ], so I just always assumed I was. It turned out to be a wise decision."<ref name="Shaw">{{cite book|title=Washington diplomacy: profiles of people of world influence|url=https://archive.org/details/washingtondiplom00shaw|url-access=limited|last=Shaw|first=John|publisher=Algora Publishing|year=2002|isbn=978-0-87586-160-9|page=}}</ref> ], from which Goldstone graduated in 1962 and where he became Chancellor in 1996]]At university, he became involved in ], inspired partly by his parents' opposition to racial discrimination.<ref name="Shaw" /><ref name="Shimoni">{{cite book|title=Jews and the state: dangerous alliances and the perils of privilege|url=https://archive.org/details/jewsstatedangero00mend|url-access=limited|page=|last=Shimoni|first=Gideon|editor=Mendelsohn, Ezra|chapter=The Jewish Response to Apartheid: The Record and Its Consequences|publisher=Oxford University Press US|year=2004|isbn=978-0-19-517087-0}}</ref> As chairman of the university's student representative council and president of the ], he campaigned against the exclusion of black students.<ref>{{cite news|title=Chaskalson and Bizos come out in defence of Richard Goldstone|author1=Chaskalson, Arthur|author2=Bizos, George|work=SA Jewish Report|date=29 January – 5 February 2010|page=16}}</ref><ref name="Schabas">{{cite journal |last1=Schabas |first1=William A. |last2=Goldstone |first2=Richard J. |date=1 July 2001 |title=For Humanity: Reflections of a War Crimes Investigator |journal=] |volume=95 |issue=3 |pages=742–744 |doi=10.2307/2668526 |issn=0002-9300 |jstor=2668526 |s2cid=230912927}}{{Subscription required}}</ref> He also attracted attention from the state security police by having contact with banned anti-apartheid groups, including the ].<ref name="Sudarsan">{{cite news|last=Raghavan|first=Sudarsan|title=Richard J. Goldstone – A South African jurist takes on Balkan and Rwanda conflicts, seeking to punish war criminals|work=]|date=14 March 1995}}</ref>
Among other things, Richard Goldstone approved the whipping of four blacks found guilty of violence, while he acquitted four police officers who had broken into a white woman's house on suspicions that she was conducting sexual relations with a black man – something considered then in South Africa as a serious crime.<ref name="Goldstone Past Ynet"></ref>


==Early legal career==
Goldstone stated, in response to these allegations, that:


After his graduation, Goldstone was admitted to the Johannesburg Bar in 1963. He practised ] and ] as a ] in Johannesburg for 17 years, establishing a practice that was "100 percent commercial".<ref name="Carlin">{{cite news|title=Referee in the eye of a storm|last=Carlin|first=John|work=]|date=22 November 1992}}</ref><ref name="berkeley1">{{cite web|url=http://globetrotter.berkeley.edu/people/Goldstone/gold-con1.html |title=Conversation with Justice Richard Goldstone – p. 1 of 7 |publisher=Globetrotter.berkeley.edu |date=25 July 2003 |access-date=27 May 2010}}</ref> He was appointed as ] in 1976.<ref>{{Cite web|title=Judges – Justice Richard Goldstone|url=http://www.constitutionalcourt.org.za/site/judges/justicerichardgoldstone/index1.html|publisher=]|access-date=27 May 2010}}</ref>
<blockquote>During the nine years I was a trial judge from 1980 to 1989, I sentenced two people to death for murder without extenuating circumstances.


== Supreme Court of South Africa: 1980–1994 ==
“They were murders committed gratuitously during armed robberies. In the absence of extenuating circumstances the imposition of the death sentence was mandatory. My two assessors and I could find no extenuating circumstances in those two cases.
In 1980, Goldstone was appointed as a judge of the ] of the ].<ref name="unhrc_pr" /> At the time of his appointment he was the youngest Supreme Court judge in the country.<ref>{{cite news |date=15 October 1987 |title=1,200 to meet here in ORT convention |work=]}}</ref> He served in the Supreme Court for 14 years, gaining promotion to the ] in 1989.<ref name=":0" />


=== Jurisprudence ===
“While I was a judge in the Supreme Court of Appeal from 1990 to 1994, all executions were put on hold. However, automatic appeals still continued to come before the Supreme Court of appeal. We sat in panels of three and again, in the absence of extenuating circumstances, some of those appeals failed.”.<ref>http://www.thejc.com/blogpost/judge-goldstone-responds-death-penalty-story</ref>.</blockquote>
Goldstone later said that his nomination to the bench created a "moral dilemma", insofar as South African judges were expected to uphold ], but that, "the approach was that it was better to fight from inside than not at all".<ref name="Akiva">{{cite news |last=Eldar |first=Akiva |date=6 May 2010 |title=Richard Goldstone: I have no regrets about the Gaza war report |url=http://www.haaretz.com/print-edition/news/richard-goldstone-i-have-no-regrets-about-the-gaza-war-report-1.288535?localLinksEnabled=false |work=]}}</ref> On these grounds, he was apparently urged by several anti-apartheid lawyers to accept the appointment.<ref name="Schabas" />


He noted in 1992 that most South African judges "applied such laws without commenting upon their moral turpitude." A number, including Goldstone, were more outspoken – a policy that he felt aided the credibility of the courts. There was a fine dividing line between applying moral standards and promoting political doctrines, but Goldstone believed that "in my view, if a judge is to err, it should be on the side of defending morality."<ref name="Bass">{{cite book|title=Stay the hand of vengeance: the politics of war crimes tribunals|last=Bass|first=Gary Jonathan|page=220|publisher=Princeton University Press|year=2002|isbn=978-0-691-09278-2}}</ref> He took the view that "judges have a duty to act morally, and if they're dealing with laws which have an unjust effect, I think it's their duty – if they can, within the powers they've got legitimately – to interpret the laws and give judgments which will make them less harsh and less unjust."<ref name="Keller" /> Being a judge in apartheid-era South Africa was a challenge, but it had its rewards; "I hated in the morning the thought of having to do this for another day, by the end of the day, I was exhilarated at the reaction and how important the work was."<ref name="Hagan" />
He said that “Other of the Yediot allegations are either false or distorted.“ Goldstone also stated to the Israeli daily newspaper ] that his "..approach was that it was better to fight from inside than not at all. The moral dilemma came up when I had to apply the law", adding that he has "..always been against the death penalty. But when I accepted the position to the bench I had to honor the oath of office.." and that he "upheld a majority of appeals in the Supreme Court, as one of three judges on a panel".<ref></ref>


Goldstone's career as a judge was characterised by bold acts of ] that soon attracted national and international interest.<ref name="Schabas" /> He was described as "an outstanding commercial lawyer who had shrewdly and inventively applied the law to secure justice in politically controversial and human rights cases."<ref name="Shimoni" /> Employing the bench as a means of making ordinary South Africans aware of the iniquities of apartheid, he gained a reputation as a committed, compassionate, legally meticulous and politically astute jurist who championed international human rights and sought to temper the effects of South Africa's apartheid laws.<ref name="Keller">{{Cite news|title=Cape Town Journal; In a Wary Land, the Judge Is Trusted (to a Point)|url=https://www.nytimes.com/1993/03/08/world/cape-town-journal-in-a-wary-land-the-judge-is-trusted-to-a-point.html|date=8 March 1993|first=Bill|last=Keller|author-link=Bill Keller|work=]|access-date=27 May 2010}}</ref><ref name="Devine1999" /> He sought to retain his independence, refusing to kowtow to the authorities.<ref name="Sudarsan" /> As ] puts it, Goldstone "emerged as one of the leading 'liberal' judges who never showed any propensity towards the then prevailing executive-mindedness".<ref name="Zimmermann">29 Isr. L. Rev 250 (1995). ''The Contribution of Jewish Lawyers to the Administration of Justice in South Africa;'' Zimmermann, Reinhard</ref>
] professor ] has compared Goldstone's judicial role in apartheid South Africa to that of ] war criminals. "Goldstone took a job as an apartheid judge. He allowed dozens of black people who were unfairly tried to be executed," Dershowitz told to Israeli Channel 2 TV. (In fact, most if not all of the death sentences that Goldstone upheld as an appellate judge were never carried out due to the suspension of executions in February 1990 (confirmed in March 1992) and the abolition of the death penalty by the Constitutional Court in 1995. South Africa's last execution took place on November 13, 1989.)<ref>F.W. De Klerk, , Feb. 2, 1990</ref> <ref> (S. African Const. Court, 1996).)</ref> "You know, a lot of people say we just followed the law, German judges… That's what ] said too. That was Mengele's defense and that was what everybody said in Nazi Germany. 'We just followed the law.' When you are in an apartheid country like South Africa, you don't follow the law" Dershowitz added.<ref name="Goldstone Past Ynet"></ref>


His judicial approach was influenced by the fact that although the ruling National Party had built up a framework of racist and unequal laws aimed at repressing the rights of non-whites, the country had retained the underlying structure and principles of Anglo-Dutch ]. According to Davis & Le Roux (2009), a group of liberal judges that included Goldstone, ], ], ], ] and ] sought to read the apartheid legislation "as narrowly as possible to give effect to the values of the common law".<ref>{{cite book|chapter=Introduction|title=Precedent & Possibility: the (ab)use of law in South Africa|author1=Davis, Dennis|author2=Le Roux, Michelle|pages=5–7|publisher=Juta and Company Ltd|year=2009|isbn=978-1-77013-022-7}}</ref>
Former head of ] criminal division ] ] has accused Goldstone of being "instrumental in effectuating and legitimizing a regime universally known for its widespread human rights abuses." Sher claims recently disclosed information regarding Goldstone’s apartheid-era rulings raises questions about whether he is eligible to enter the ]. According to Sher, "individuals who admit to acts that constitute a crime of moral turpitude¨are ineligible to enter the US." He believes Goldstone's admission could potentially "fit within" the provisions that would prevent Goldstone from entering the US.<ref>http://www.jpost.com/International/Article.aspx?ID=175557 Attorney seeks to bar Goldstone from US</ref>


This philosophy led Goldstone to issue rulings that undermined key aspects of the apartheid system. One of his most significant rulings concerned the ] that mandated the eviction of non-whites from areas reserved for whites. His ruling in the case of ''S v Govender'' in 1982 that evictions of non-whites were not automatically required by the Act led to the virtual cessation of such evictions.<ref name="Devine1999" /> Following the judgement it became so difficult to evict non-whites from whites-only areas that the system of housing segregation began to break down.<ref>{{cite book|last=Tigar|first=Michael E.|title=Fighting injustice|page=334|publisher=American Bar Association|year=2002|isbn=978-1-59031-015-1}}</ref> Prosecutions under the Act fell from 893 between 1978–1981 to only one in 1983.<ref>{{cite book|title=Politicians and apartheid: trailing in the people's wake|last=Gardner|first=John|page=46|publisher=HSRC Press|year=1997|isbn=978-0-7969-1821-5}}</ref> Geoffrey Budlender, former director of the anti-apartheid ], commented of Goldstone's decision in the ''Govender'' case that "it was an alert judge trying to apply human rights standards to a repressive piece of legislation. And it was Goldstone's work; it wasn't our work that stopped the Group Areas prosecutions in the end." Budlender noted that "it was a matter of great debate in the eighties about whether decent people should accept appointments to the bench, because they were enforcing repressive laws," but stated that "rom the point of view of the practitioner trying to run human rights cases and public-interest cases, we prayed for a Goldstone or a Didcott]] on the bench. That was our dream."<ref>{{cite web|title=Transcript of Interview with Geoffrey Budlender|url=http://www.columbia.edu/cu/lweb/digital/collections/oral_hist/carnegie/pdfs/geoffrey-budlender.pdf|date=7 August 1999|publisher=Carnegie Corporation Oral History Project}}</ref>
====Support====
Other sources, including many South Africans who opposed apartheid, dispute this characterization of Goldstone's record. In January 2010, two members of ]'s defense team in the ] , ] and ], wrote in the Mail and Guardian that Goldstone's decision


In 1985, Goldstone ruled that the government's mass sacking of 1,700 black staff at Baragwanath Hospital in ] had been illegal.<ref>{{cite news|title=1,700 Blacks Reinstated by South African Hospital|agency=Reuters|date=25 November 1985}}</ref> The following year, he was the first judge to free a political prisoner who had been detained under a recently imposed ] under which the government had given itself draconian police powers.<ref>{{cite news|title=Judge frees political prisoner in S. Africa|work=]|date=8 July 1986}}</ref> Another important ruling against the state in 1988 resulted in the release of a detainee who had not been advised by the police that he was entitled to a lawyer.<ref name="Keller" /> In 1989, Goldstone became the first South African judge under apartheid to take on a black law clerk, an African-American ] student named Vernon Grigg.<ref>{{cite news|title=Breaking One of South Africa's Barriers|last=Margolick|first=David|work=]|date=16 August 1989}}</ref> Goldstone also used his judicial prerogatives to visit thousands of people who had been imprisoned without trial, including some who later became members of the post-apartheid South African government.<ref name="Shaw" /> Although he could do little to free them, his visits served to reassure the prisoners – and serve notice to the prison administration – that someone in a position of power was taking an active interest in their well-being. Few white judges at the time enjoyed the trust and respect of the black majority; Goldstone became a notable exception.<ref name="Meintjes" />
<blockquote>
in the case of S v Govender in 1986 that no ejectment order should be made against persons disqualified by the ] from occupying premises reserved for the white group, without enquiring into whether alternative accommodation for such persons was available, was a blow to the apartheid regime and contributed substantially to that legislation becoming unenforceable in parts of the country....


Some of South Africa's laws and emergency regulations mandated particular penalties which judges had no discretion to modify. South Africa's whites-only parliament pursued a doctrine of parliamentary supremacy, passing laws which judges were absolutely bound to enforce if they had been enacted by parliament or were faithful to what parliament had done.<ref name="Ellmann">19 Cardozo L. Rev. 1047 (1997–1998). ''To Resign or Not to Resign;'' Ellmann, Stephen</ref> Goldstone distressed civil rights lawyers in 1986 when he concurred without comment with a decision that allowed the jailing of a 13-year-old boy for disrupting school. Goldstone later remarked that he was constrained by the law, that "the emergency regulations covered the situation."<ref name="Keller" /> The laws and regulations also included the death penalty for certain crimes such as murders committed without any extenuating circumstances; although Goldstone was personally opposed to the death penalty, he was nonetheless required to pass death sentences on two convicted murderers.<ref>{{cite news|last=Elgot|first=Jessica|title=Goldstone responds to 'death penalty' allegations|url=http://www.thejc.com/news/world-news/31527/goldstone-responds-death-penalty-allegations|work=]|date=6 May 2010}}</ref> His reluctance to impose death penalties prompted criticism from judges who were in favour of capital punishment. Another Transvaal Supreme Court judge, D. Curlewis, commented in 1991 that "a person who deserves to hang was more likely to get the death sentence from me or my ilk" than Goldstone or other liberal judges, who were "at heart abolitionists for one reason or another... Obviously, and for that reason, they cannot be sound on the imposition of the death penalty."<ref>{{cite book|title=In the shadow of Sharpeville: apartheid and criminal justice|author1=Parker, Peter|author2=Mokhesi-Parker, Joyce|pages=171–172|publisher=NYU Press|year=1998|isbn=978-0-8147-6659-0}}</ref>
Former president ], with the concurrence of the then-president of the African National Congress, Nelson Mandela, appointed Goldstone as the chairperson of the commission to investigate what became known as hit-squads or third-force organisations within the army and the police.
During his career as judge, Goldstone sentenced to death 2 black South Africans and was involved in upholding the death sentences of over 20 other black South Africans.<ref> Tehiya Barak, ], 05.06.10</ref><ref name="Haaretz_August_6_2014c">{{cite news |url=http://www.haaretz.com/print-edition/news/richard-goldstone-i-have-no-regrets-about-the-gaza-war-report-1.288535 |title=Richard Goldstone: I have no regrets about the Gaza war report Israel News |newspaper=]|date=6 May 2010 |last=Eldar |first=Akiva |access-date=6 August 2014}}</ref>


], who was later to serve alongside Goldstone on the ], commented that Goldstone's judicial career demonstrated "that an honest and dignified judge who's sensitive to fundamental human rights of all human beings, even in the most dire circumstances, could find some space for concepts of legality and respect for human dignity."<ref name="McDonough">{{cite news|title=SAF/GOLDSTONE (L-O)|last=McDonough|first=Challiss|date=2 October 2003|publisher=Voice of America}}</ref>
His reports exposed high-ranking officers, who were obliged by De Klerk to resign, and other ­members of the security forces, and he made findings that police had unlawfully shot at unarmed protesters and recommended that they be charged with murder.


=== Sebokeng Inquiry and Goldstone Commission ===
Threats to his life were made, and his name was on the hit list produced in court as part of the state case against the killers of ] in 1993.
] under apartheid rule in 1989. The Goldstone Commission investigated violence and other human rights abuses committed in South Africa's townships.]]
<ref>Arthur Chaskalson and George Bizos, ], 29 Jan. 2010</ref></blockquote>
In 1990, President ] began the ] that was to lead to the end of apartheid in 1994. At the time, South Africa was plagued by regular massacres as members of the African National Congress (ANC) and the ] (IFP) fought for dominance. The police and security forces often reacted to demonstrations with indiscriminate force, and the ANC claimed that a hypothesised "]" was engaged in covert destabilisation. The violence caused serious problems in building trust between the parties.


The negotiations broke down soon after they started due to a mass shooting at ] ] near Johannesburg in March 1990, in which 281 demonstrators were shot and 11 killed by South African police. After pressure from the ANC, de Klerk appointed Goldstone to investigate the incident. His report was published in September 1990 and was described at the time as "one of the strongest indictments of South Africa's police ever made by a government-appointed investigator."<ref>{{cite news|last=Kraft|first=Scott|title=S. Africa Police Blamed in Fatal Shootings of Black Protesters Last March|date=2 September 1990|work=]}}</ref> He condemned the police for a breakdown in discipline and recommended that a number of individual police officers be prosecuted.<ref>{{cite news|title=Judicial Report: Police Killed Blacks Without Reason|last=Renfrew|first=Barry|date=1 September 1990|agency=Associated Press}}</ref> Nine policemen were subsequently charged with murder.<ref name="Ottaway">{{cite news |last=Ottaway |first=David B. |date=12 July 1992 |title=South African Judge Makes His Mark With Evenhanded Probe of Violence |newspaper=]}}</ref>
In a 1999 interview Geoffrey Budlender, former director of the anti-apartheid ], stated of Goldstone's decision in the Govender case that "it was an alert judge trying to apply human rights standards to a repressive piece of legislation. And it was Goldstone's work; it wasn't our work that stopped the Group Areas prosecutions in the end." Budlender noted that "it was a matter of great debate in the eighties about whether decent people should accept appointments to the bench, because they were enforcing repressive laws," but stated that "rom the point of view of the practitioner trying to run human rights cases and public-interest cases, we prayed for a Goldstone or a Didcott on the bench. That was our dream." <ref>Carnegie Corporation Oral History Project, 7 Aug. 1999 </ref>


To aid the transition to multiracial democracy, the South African government established a Commission of Inquiry Regarding the Prevention of Public Violence and Intimidation in October 1991 to investigate human rights abuses committed by the country's various political factions. Its members were chosen by consensus among the three main parties.<ref>{{cite book|title=Words over war: mediation and arbitration to prevent deadly conflict|editor=Greenberg, Melanie C.|editor2=Barton, John H.|editor3=McGuinness, Margaret E.|page=254|publisher=Rowman & Littlefield Publishers|year=2000|isbn=978-0-8476-9892-9}}</ref> Goldstone had by now become reputed as an impartial and unimpeachable judge, and was asked by ANC chairman ] to head the commission; it became known as the ].<ref name="Devine1999" /> Goldstone explained later that he had been selected because he had earned the confidence of both sides: "The government was aware that I would not make findings against it without good cause, and the majority of South Africans had confidence that I would quote hesitate to make findings against the government if the evidence justified it."<ref name="Kerr">{{cite book|title=The International Criminal Tribunal for the Former Yugoslavia: an exercise in law, politics, and diplomacy|url=https://archive.org/details/internationalcri00kerr|url-access=limited|last=Kerr|first=Rachel|page=|publisher=Oxford University Press|year=2004|isbn=978-0-19-926305-9}}</ref> He nonetheless received numerous death threats.<ref name="Shaw" /> He continued to work as an appeals court judge throughout his time chairing the commission, hearing cases during the mornings and afternoons and then continuing through to midnight on Commission business.<ref name="Carlin" />
Sasha Polakow-Suransky (writing in the ] and the "Middle East Channel") accused Goldstone's critics of hypocrisy (pointing out Israel's close relationship with the South African apartheid regime, including extensive arms sales) and noted that Goldstone had earned the respect of ], who appointed him in 1994 to the South African Constitutional Court.<ref>Sasha Polakow-Suransky, , '']'', 12 May 2010</ref><ref>Sasha Polakow-Suransky, , ''Middle East Channel'', 10 May 2010</ref>


The Commission sat for three years, carrying out 503 investigations that triggered the initiation of 16 prosecutions.<ref name="Meintjes" /> It had no judicial powers and could not issue binding regulations but had to establish its legitimacy through its reports and recommendations. It soon gained a reputation for even handedness, criticising all sides in often trenchant terms. The rivalry between the ANC and IFP was blamed for being "the primary cause" of violence and Goldstone urged both sides to "abandon violence and intimidation as political weapons". The government's security forces were found to have been involved in numerous abuses of human rights, though Goldstone rejected Nelson Mandela's claims that President de Klerk was personally involved and described such suggestions as "unwise, unfair and dangerous".<ref name="Ottaway" /> One of Goldstone's most important findings was the revelation in November 1992 that a secret military intelligence unit of the ] was working to sabotage the ANC while posing as a legitimate business corporation. The ensuing scandal led to De Klerk purging the army and intelligence services.<ref name="Meintjes" />
From 1991 to 1994 Goldstone served as chairperson of the South African Standing Commission of Inquiry Regarding Public Violence and Intimidation, later known as the ].<ref name="unhrc_pr"/> The Commission played a critical role in uncovering and publicizing allegations of grave wrongdoing by the Apartheid-era South African security forces and bringing home to white South Africans the extensive violence that was being done in their name. <ref>Bill Keller, "," N.Y. Times, Mar. 8, 1993</ref> The Commission concluded that much of the violence of those years was being orchestrated by shadowy figures within the Apartheid regime, often through the use of a so-called "third force."


Goldstone's findings attracted praise and criticism from all sides.<ref name="Ottaway" /> Some anti-apartheid activists criticised Goldstone for what they saw as balancing his reports by apportioning blame equally; Goldstone responded that his findings reflected the fact that all sides had "dirty hands".<ref name="Keller" /> Nonetheless, his impartiality and willingness to speak out led to him becoming, as the '']'' put it in 1993, "arguably the most indispensable arbitrator in South Africa's turbulent transition to democracy." He became a household name and was voted the top newsmaker of 1992 in a South African poll, well ahead of either de Klerk or Mandela.<ref name="Battersby">{{cite news|title=Safety Valve for S. Africa Tension|last=Battersby|first=John|work=]|date=10 February 1993}}</ref> His character was cited by other lawyers as a key asset in making the commission a success; one lawyer commented, "He has the rare ability to straddle both the legal and political worlds. He is a great strategist and combines a deep humanity with a political sensitivity."<ref name="Shaw" />
Specifically, on March 18, 1994, the Commission reported that South Africa's second highest-ranking police official, deputy commissioner Lt. Gen. Basie Smit, and the police officers in charge of the central investigations and counterintelligence divisions had engaged in "a horrible network of criminal activity," in which they "secretly funneled weapons to the Zulu-based Inkatha Freedom Party and helped train black hit squads involved in political violence and terrorism". <ref>"," Los Angeles Times, Mar. 19, 1994. </ref> <ref>Bill Keller, "," N.Y. Times, Mar. 19, 1994. </ref> The Commission thus provided a first road map for the investigations into security force wrongdoing that, after democratization, were taken up by the country's ]. The Truth and Reconciliation Commission's final report extensively cites the Goldstone Commission's findings. <ref>Truth and Reconciliation Commission of South Africa, , Mar. 21, 2003. </ref>


As well as reporting on political violence, Goldstone proposed practical measures to end the violence in venues such as commuter trains, taxis, mines, township hostels and the troubled ] region. He also succeeded in persuading the government to accept an international rôle in the transition – which it had previously strongly opposed – as well as forcing it to undertake a major restructuring of the security forces and purging subversive elements in the military.<ref name="Battersby" /> According to Goldstone, the commission's work helped to calm South Africa during the transition period. He regarded it as "a vitally important safety valve" that provided a "credible public instrument" to deal with incidents that might otherwise have derailed the negotiations.<ref name="Shaw" /> The international community took a similar view; his work was supported and funded by the UN, the Commonwealth and the European Community, who regarded it as vital to expose the truth behind political violence in order to achieve democratic stability.<ref name="Carlin" />
Goldstone also served as national president of the National Institute of Crime Prevention and the Rehabilitation of Offenders (NICRO); chairperson of the Bradlow Foundation, a charitable educational trust; and head of the board of the ] (HURISA).<ref name=Whoswho></ref>

Goldstone's work was to pave the way for the establishment of the ] in 1995, a body that he strongly supported. Its chairman, Archbishop ], commented that Goldstone had made an "indispensable" contribution to the peaceful democratic transition in South Africa.<ref name="McDonough" /> The commission's final report was strongly critical of the apartheid-era legal system but commended the role of a few judges, including Goldstone, who "exercised their judicial discretion in favour of justice and liberty wherever proper and possible". It noted that although they were few in number, such figures were "influential enough to be part of the reason why the ideal of a constitutional democracy as the favoured form of government for a future South Africa continued to burn brightly throughout the darkness of the apartheid era." The Commission found that "the alleviation of suffering achieved by such lawyers substantially outweighed the admitted harm done by their participation in the system."<ref>{{cite book|title=Truth and Reconciliation Commission of South Africa Report|pages=104–105|chapter=Chapter 4: Institutional Hearing: The Legal Community|author=Truth and Reconciliation Commission|volume=4|year=1998|location=Cape Town|isbn=978-0-620-23079-7}}</ref> Reinhard Zimmermann commented in 1995 that "Goldstone's reputation as a sound and impeccably impartial lawyer coupled with his genuine concern for social justice have invested him, across the political spectrum, with a degree of legitimacy that is probably unequalled in South Africa today."<ref name="Zimmermann" />

== Constitutional Court of South Africa: 1994–2003 ==

From July 1994 to October 2003, Goldstone was a judge in the ], which was newly established under the post-apartheid ].<ref name=":0" /> Justice Albie Sachs described Goldstone as representing "a sense of continuity" between the traditions of the past that managed to survive the years of apartheid, and the whole new era of the constitution that governs South Africa today.<ref name="McDonough" /> Notable judgments written by Goldstone included three important decisions on unfair discrimination and the ]: '']'', '']'', and ''].''

== International service ==


===Chief UN Prosecutor in Yugoslavia and Rwanda=== ===Chief UN Prosecutor in Yugoslavia and Rwanda===
], Netherlands]]
In August 1994, Goldstone was named as the first chief prosecutor of the ] (ICTY), which was established by a resolution of the UN Security Council in 1993. When the Security Council established the ] (ICTR) in late 1994, he became its chief prosecutor, too. In those roles he had to design prosecutorial strategies for both those ground-breaking tribunals, from scratch. In doing so, he sought to be scrupulously even-handed—a goal he was more easily able to achieve at ICTY than at ICTR. He built his strategy at both courts to a large degree on that pursued by the prosecutors at the Nuremberg Tribunal of 1945-46. He served as the chief prosecutor of the two tribunals until September 1996.<ref name="unhrc_pr"/> ], a South African journalist and historian, criticized his work at the ICTY.<ref name="Who Is Richard Goldstone?">, RF Europe, October 20, 2009</ref>
In August 1994, Goldstone was named as the first chief prosecutor of the ] (ICTY), which was established by a resolution of the UN Security Council in 1993. When the Security Council established the ] (ICTR) in late 1994, he became its chief prosecutor, too. His appointment to the tribunals came as something of a surprise, even to Goldstone himself, as he had only limited experience of ] and Yugoslavian affairs and had never been a prosecutor before.<ref name="Shaw" /> He owed his appointment to the Italian chief judge of the ICTY, ]. There had been lengthy wrangling between UN member states about whom to appoint as a prosecutor and none of the candidates proposed so far had been accepted.<ref name="Hazan" /> The French national counsel, Roger Errera, suggested Goldstone, commenting that "if he is Jewish, that goes down well. Everyone suspects everyone in the former Yugoslavia. So it's better that he is neither Catholic, nor Orthodox, nor Muslim."<ref name="Hazan">{{cite book|title=Justice in a time of war: the true story behind the International Criminal Tribunal for the former Yugoslavia|last=Hazan|first=Pierre|pages=54–56|publisher=Texas A&M University Press|year=2004|isbn=978-1-58544-377-2}}</ref>

Goldstone was approached by Cassese and expressed an interest in the position. President Mandela supported his wish to take up the position at The Hague, as Goldstone later recalled: "He certainly encouraged me. He thought it was important to take what was the first offer of a major international position after South Africa ceased to be a pariah."<ref name="Bass" /> However, the offer put Mandela in a difficult spot. He wanted Goldstone, who was one of the few South African jurists to have earned the respect of both blacks and whites, for South Africa's newly established Constitutional Court. Mandela struck a deal with the ], ], that Goldstone would serve only half of his four-year term as prosecutor and would then return to take up his post in South Africa.<ref>{{cite book|title=Judgement day: the trial of Slobodan Milošević|last=Stephen|first=Chris|pages=104–105|publisher=Atlantic Books|year=2004|isbn=978-1-84354-154-7}}</ref> The president rushed through a constitutional amendment that would allow Goldstone to be named, take an immediate period of leave to serve at the tribunal and then return to his spot on the Constitutional Court.<ref name="Hagan">{{cite book|title=Justice in the Balkans: prosecuting war crimes in the Hague Tribunal|url=https://archive.org/details/justicebalkanspr00haga|url-access=limited|last=Hagan|first=John|pages=–61|publisher=University of Chicago Press|year=2003|isbn=978-0-226-31228-6}}</ref> He proved to be an ideal candidate, as he had been suggested by the French, was not too hot-headed for the British, was strong enough to satisfy the Americans and his credentials as a white South African who had opposed apartheid satisfied the Russians and Chinese. The ] unanimously approved his appointment to the rôle of prosecutor.<ref name="Hazan" />

In his roles at the ICTY and ICTR he had to design prosecutorial strategies for both those ground-breaking tribunals, from scratch. In doing so, he sought to be scrupulously even-handed – a goal he was more easily able to achieve at ICTY than at ICTR. He built his strategy at both courts to a large degree on that pursued by the prosecutors at the Nuremberg Tribunal of 1945–46. He served as the chief prosecutor of the two tribunals until September 1996.<ref name="unhrc_pr" /> Among his most notable legal achievements as chief prosecutor was securing the recognition of ] as a ] under the ].<ref>{{cite news|title=The Genocide-Buster|last=Nolan|first=Stephanie|work=]|date=18 October 1999}}</ref>

Goldstone was hindered by the inflexible bureaucracy of the UN, finding the newly established ICTY in a shambles when he joined the tribunal.<ref name="Bass" /> The tribunal lacked political legitimacy, financial support and prosecutorial direction; its failure to even bring any prosecutions had led to it being criticised by the media as "a fig leaf for inaction", and Goldstone was asked by the former British prime minister ]: "Why did you accept such a ridiculous job?"<ref name="Hagan" /> He had to make repeated appeals to the UN's hierarchy and to donor nations for the equipment and funding that the tribunal needed to operate.<ref name="Bass" /> He quickly found that the key to the job was to take " big-picture diplomatic role and that the hands-on prosecution work could be pushed down to experienced prosecutors and investigators like Blewitt – at least for the time being."<ref>{{cite journal|last=Horne|first=William|title=The Real Trial of the Century|journal=The American Lawyer|date=September 1995|page=7}}</ref> He undertook a flurry of media appearances and financial negotiations that led to the tribunal being properly staffed for the first time, with many staff being recruited through his own personal networks; a budget of eight million dollars from thirteen countries, supplemented by a $300,000 donation from ]; and the first indictment, of Bosnian Serb prison camp guard ].<ref>Hagan, p. 68, 71–72</ref>

Another problem Goldstone faced was the reluctance of ] to apprehend war crimes suspects. He was bitterly critical of what he called the "highly inappropriate and pusillanimous policy" of Western countries in declining to pursue suspected war criminals, singling out France and the United Kingdom as particular culprits. By the end of his time as prosecutor he had issued 74 indictments but only seven of the accused had been apprehended.<ref>{{cite news|title=Goldstone ends stormy mandate as war crimes prosecutor|last=Gillot|first=Sabine|agency=Agence France-Presse|date=29 September 1996}}</ref>


Goldstone was instrumental in preventing the ] of December 1995 including amnesty provisions for those accused of war crimes in the former Yugoslavia. Some commentators had advocated including an amnesty as the price for peace; Goldstone was resolutely opposed to this, not only because it would enable those responsible for atrocities to escape justice but also because of the dangerous precedent it could set, where powerful actors such as the United States could bargain away the ICTY's mandate for political convenience. In response, Goldstone pushed through a new indictment of the Bosnian Serb president ] and his army chief ] for the ], which was issued two weeks into the peace talks at Dayton.<ref>{{cite book|title=International justice in Rwanda and the Balkans: virtual trials and the struggle for state cooperation|url=https://archive.org/details/internationaljus00pesk|url-access=limited|last=Peskin|first=Victor|pages=–43|publisher=Cambridge University Press|year=2008|isbn=978-0-521-87230-0}}</ref> He lobbied President ] to resist any such demands and made it clear that an amnesty would not be a legal basis for the ICTY to suspend indictments. In the end, no amnesty was included in the Dayton Agreement.<ref name="Meintjes">{{cite book|title=Encyclopedia of genocide and crimes against humanity, Volume 1|editor=Shelton, Dinah|chapter=Goldstone, Richard|last=Meintjes|first=Garth}}</ref><ref>Hagan, p. 134</ref> Goldstone's actions were later credited with making the negotiations a success. The chief US negotiator, ], described the tribunal as "a huge valuable tool" which had enabled Karadžić and Mladić to be excluded from the talks, with the Serbian side represented instead by the more conciliatory Milosević. The Dayton Agreement put direct responsibility on all sides to send suspects to The Hague, committing the Serbian, Bosnian and Croatian governments to cooperating with the ICTY in future.<ref>Peskin, pp. 44–45</ref>
The South African journalist and historian R.W. Johnson wrote in an October, 2009 piece that Goldstone had made serious ethical breaches in his capacity as chief prosecutor for the ICTY. Johnson argued that Goldstone was informed by higher-ups that if he did not secure an indictment by November, 1994, he would not receive budgetary funding for the following year. Goldstone quickly moved to indict the only person there was evidence against, even though Goldstone admitted that the defendant "wasn't an inappropriate first person to indict." Johnson, in his piece, "Who Is Richard Goldstone," noted that the indictment "was so inappropriate that the judges in The Hague passed a motion severely censuring Goldstone." <ref></ref>


When he retired from the Office of the Prosecutor in 1996, Goldstone was replaced by the distinguished Canadian lawyer ]. His contribution was praised by colleagues at the ICTY: "Goldstone was absolutely right for his time because he came with moral clout from South Africa and his own particular status as a champion of human rights."<ref>Hagan, p. 220</ref>
] criticized Goldstone for his ruling on ]. Chomsky has attacked Goldstones characterization of the bombing as "illegal but legitimate." Chomsky argues if Goldstone claims the bombings were illegal, then it must be a ].<ref>http://www.chomsky.info/interviews/20060425.htm On the NATO Bombing of Yugoslavia</ref>


===Argentina=== ===Argentina===
He was a member of the International Panel of the Commission of Enquiry into the Activities of Nazism in Argentina (CEANA) which was established in 1997 to identify ] war criminals who had emigrated to Argentina, and transferred victim assets (Nazi gold) there.<ref name=HRW></ref> He was a member of the International Panel of the Commission of Enquiry into the Activities of Nazism in Argentina (CEANA) which was established in 1997 to identify ] war criminals who had emigrated to Argentina, and transferred victim assets (Nazi gold) there.<ref name="HRW">{{cite web|author=Kenneth Roth, executive director of Human Rights Watch |url=https://www.hrw.org/en/news/2009/05/17/us-ask-israel-cooperate-goldstone-inquiry |title=US: Ask Israel to Cooperate with Goldstone Inquiry |publisher=Hrw.org |date=17 May 2009 |access-date=27 May 2010}}</ref>


===Kosovo=== ===Kosovo===
Goldstone was chairperson of the ] from August 1999 until December 2001.<ref name="unhrc_pr"/> Goldstone was chair of the ] from August 1999 until December 2001.<ref name="unhrc_pr" />


===Member of Volcker Committee=== ===Volcker Committee===
In April 2004, he was appointed by ], the ], to the ], chaired by ], to investigate the Iraq ] program.<ref name="unhrc_pr"/> In April 2004, he was appointed by ], the UN Secretary General, to the ], chaired by ], to investigate the Iraq ] program.<ref name="unhrc_pr" />


===The Goldstone Report===
===United Nations Fact Finding Mission on the 2009 Gaza Conflict===
{{Main|United Nations Fact Finding Mission on the Gaza Conflict}} {{Main|United Nations Fact Finding Mission on the Gaza Conflict}}
Goldstone headed a fact finding mission "''to investigate all violations of international human rights law and international humanitarian law that might have been committed at any time in the context of the military operations that were conducted in Gaza during the period from 27 December 2008 and 18 January 2009, whether before, during or after.''”<ref name="UNHRCOfficialPage">. ]. Accessed 17 October 2009.</ref><ref name="Goldstone_BBC">{{cite news|url=http://news.bbc.co.uk/2/hi/middle_east/8076690.stm|title =Goldstone's UN inquiry team arrives in Gaza|date=1 June 2009|accessdate=4 June 2009|publisher=BBC | location=London}}</ref>
The mission originated in the resolution by ] (UNHRC) on January 12, 2009.<ref name="UNHRC resolution"></ref>.


]<ref name="War on Gaza Day 17">{{cite news|url=http://cc.aljazeera.net/node/30|title=War on Gaza Day 17|date=1 December 2009|publisher=Al Jazeera|language=ar|access-date=19 February 2010|url-status=dead|archive-url=https://web.archive.org/web/20090217182827/http://cc.aljazeera.net/node/30|archive-date=17 February 2009}}</ref>]]
On April 3, 2009, Goldstone was named as the head of the mission. He responded to the announcement that he was "shocked, as a Jew", to be invited to head the mission.<ref name="unhrc_bbc_appointment"/> Goldstone wrote that he accepted the mandate for the mission "because I believe deeply in the rule of law and the laws of war, and the principle that in armed conflict civilians should to the greatest extent possible be protected from harm."<ref> Justice in Gaza, By RICHARD GOLDSTONE, ''New York Times,'' September 17, 2009</ref>
During the ] between ] and ] in December 2008 – January 2009, the ] (UNHRC) passed a resolution condemning Israel for "grave violations" of human rights and calling for an independent international investigation. The UNHRC appointed a four-person team, headed by Goldstone,<ref>{{Cite web |last=United Nations High Commissioner for Human Rights |author-link=Office of the United Nations High Commissioner for Human Rights |date=3 April 2009 |title=Richard J. Goldstone Appointed to Lead Human Rights Council Fact-finding Mission on Gaza Conflict |url=https://www.ohchr.org/en/press-releases/2009/10/richard-j-goldstone-appointed-lead-human-rights-council-fact-finding-mission |url-status=live |archive-url=https://web.archive.org/web/20240107033724/https://www.ohchr.org/en/press-releases/2009/10/richard-j-goldstone-appointed-lead-human-rights-council-fact-finding-mission |archive-date=7 January 2024 |access-date=7 January 2024 |website=OHCHR}}</ref><ref name="Nebehay">{{cite news |last=Nebehay |first=Stephanie |date=3 April 2009 |editor-last= |editor-first= |title=South African to head U.N. rights inquiry in Gaza |url=https://www.reuters.com/article/us-palestinians-israel-inquiry-idUSTRE5321K820090403?sp=true |url-status=live |archive-url=https://web.archive.org/web/20160310220440/https://www.reuters.com/article/us-palestinians-israel-inquiry-idUSTRE5321K820090403/?sp=true |archive-date=10 March 2016 |work=] |postscript=. The archived article includes photo.}}</ref> to investigate "all violations of international human rights law and international humanitarian law that might have been committed at any time in the context of the military operations that were conducted in Gaza during the period from 27 December 2008 and 18 January 2009, whether before, during or after."<ref name="UNHRCOfficialPage">{{cite web |url=http://www2.ohchr.org/english/bodies/hrcouncil/specialsession/9/FactFindingMission.htm |title=United Nations Fact Finding Mission on the Gaza Conflict |publisher=.ohchr.org |access-date=27 May 2010 |url-status=dead |archive-url=https://web.archive.org/web/20090607053232/http://www2.ohchr.org/english/bodies/hrcouncil/specialsession/9/FactFindingMission.htm |archive-date=7 June 2009}}</ref>


According to a ] report Goldstone said he had spent many days and "sleepless nights" deciding whether to accept the mandate, saying that it had come as "quite a shock". He continued, "I can approach the daunting task I have accepted in an even-handed and impartial manner and give it the same attention that I have to situations in my own country," where his experience had been that "transparent, public investigations are very important, important particularly for the victims because it brings acknowledgement of what happened to them."<ref name="Nebehay" /> He explained that he had long "taken a deep interest in Israel, in what happens in Israel, and I have been associated with organisations that have worked in Israel" and "decided to accept it because of my deep concern for peace in the Middle East, and my deep concern for victims in all sides in the Middle East."<ref>{{cite news|last=Ephraim|first=Adrian|title=They show courage under fire|work=The Star|location=Johannesburg|date=12 October 2009}}</ref>
] (HRW) applauded the selection of Goldstone to head the mission, saying that "Justice Goldstone's reputation for fairness and integrity is unmatched, and his investigation provides the best opportunity to address alleged violations by both Hamas and Israel".<ref>{{cite web|author=Kenneth Roth, executive director of Human Rights Watch |url=http://www.hrw.org/en/news/2009/05/17/us-ask-israel-cooperate-goldstone-inquiry |title=US: Ask Israel to Cooperate with Goldstone Inquiry &#124; Human Rights Watch |publisher=Hrw.org |date=17 May 2009 |accessdate=17 October 2009}}</ref> According to UNHRC's mission page, at the time of the appointment to head the committee Goldstone was a board member of HRW.<ref></ref> Professor Gerald Steinberg of the Jerusalem-based ] and journalist ] argued that even though Goldstone resigned from HRW after the inquiry began, his impartiality was compromised by his link to the organization that accused Israel of war crimes in several reports issued during the course of the mission.<ref name="NGO Monitor: Gaza war probe tainted by anti-Israel ideology">, ''Haaretz,'' Sept 08 2009</ref><ref name="From Gulag Liberators to Saudi Retainers">, NRO, July 21, 2009</ref><ref name="The Goldstone show-trial">, Spectator, September 11, 2009</ref>


Goldstone insisted that he would not follow a one-sided mandate but would investigate any abuses committed by either side during the conflict.<ref>{{cite news|last1=Dixon|first1=Robyn|author-link=Robyn Dixon (journalist)|last2=Boudreaux|first2=Richard|others=Tribune Newspapers|date=12 April 2009|title=S. African on the hot seat|work=]|location=Johannesburg|url=https://www.chicagotribune.com/news/ct-xpm-2009-04-12-0904110178-story.html}}</ref> He said that he had initially not been willing to take on the mission unless the mandate was expanded to cover all sides. Despite then-president of the Human Rights Council, Ambassador Martin Uhomoibhi's verbal commitment that there was no objection to the revised mandate,<ref>{{cite news|title=Goldstone: Israel should cooperate|url=http://www.jpost.com/Israel/Article.aspx?id=148974|work=]|date=16 July 2009}}</ref> the Human Rights Council never voted to revise the mandate, and resolution S-9/1 remained unchanged.<ref> {{webarchive|url=https://web.archive.org/web/20110219083233/http://www2.ohchr.org/english/bodies/hrcouncil/specialsession/9/docs/A-HRC-S-91-L1.doc |date=19 February 2011 }}</ref>
Goldstone's standing in the South African Jewish community plummeted following his report on Israel's January 2009 campaign in the Gaza Strip, which provoked anger at what community leaders called called a "betrayal," as he was considered to have made himself implicated in Human Rights Council's "onslaught" on Israel, instead of ''correcting'' HRC's "wrongs".<ref> forecasthighs.com, originally in the news section of ''Jerusalem Post,'' October 1, 2009.</ref><ref> ''Mail & Guardian,'' April 16, 2010.</ref><ref>Moira Schneider: ''South African Jewish Report,'' April 23, 2010.</ref>


The Israeli government refused to cooperate with the investigation, accusing the UN Human Rights Council of anti-Israel bias and arguing that the report could not possibly be fair.<ref name="Federman" />
In a July 16 interview, Judge Goldstone said "at first I was not prepared to accept the invitation to head the mission". "It was essential," he continued, to expand the mandate to include "the sustained rocket attack on civilians in southern Israel, as well as other facts." He set this expansion of the mandate as a condition for chairing the mission.<ref> ''Jerusalem Post,'' Jul 16, 2009.</ref> The next day, he wrote in the New York Times, "I accepted because the mandate of the mission was to look at all parties: Israel; Hamas, which controls Gaza; and other armed Palestinian groups." <ref>, ''NY Times,'' Sept 17 2009.</ref> The UNHRC press release announcing his nomination documents the changed mandate of the mission.<ref> 3 April 2009.</ref>


In a 20 January 2011 panel discussion at ], Goldstone said that the UNHRC "repeatedly rush to pass condemnatory resolutions in the face of alleged violations of human rights law by Israel but ... have failed to take similar action in the face of even more serious violations by other States. Until the Gaza Report they failed to condemn the firing of rockets and mortars at Israeli civilian centers."<ref>{{Cite web|title=Ethics and War: 'Civilians in War Zones' (panel discussion)|url=http://ethicsinsociety.stanford.edu/ethics-events/events/view/1031/?date=2011-01-20|date=20 January 2011|publisher=]|access-date=24 March 2011}}</ref><ref>{{Cite video|title=Civilians in War Zones|url=http://cisac.stanford.edu/events/recording/6282/2/492|people=Golstone, Richard J.; Campbell, James & ]|date=20 January 2011|publisher=]|medium=]|time=30:20–31:30|access-date=24 March 2011}}</ref>
On October 16, 2009, UN Human Rights Council voted in support of the Goldstone Report where twenty-five member nations voted in favour of the resolution endorsing the report, six voted against endorsement while another eleven remained impartial. Goldstone has criticized the United Nations Human Rights Council's selective endorsement of the report his commission compiled, since the resolution adopted chastises Israel only, when the report itself is critical of both parties.<ref>{{cite news|url=http://www.haaretz.com/hasen/spages/1121610.html|title=PA 'won't oppose war crimes trials for Hamas militants' |publisher='']''|date=2009-10-17|author=Jack Khoury and Barak Ravid|accessdate=2009-10-17}}</ref>


The report, released on 15 September 2009, concluded that both sides had committed violations of the laws of war. It stated that Israel had used disproportionate force, targeted Palestinian civilians, used them as human shields and destroyed civilian infrastructure. Hamas and other armed Palestinian groups were found to have deliberately targeted Israeli civilians and sought to spread terror in southern Israel by mounting indiscriminate rocket attacks. The report's conclusions were endorsed by the UN Human Rights Council.<ref name="Federman">{{cite news|last=Federman|first=Josef|title=Jurist: Ties to Israel obligated war crimes probe|url=http://seattletimes.nwsource.com/html/nationworld/2010093850_apmlisraelwarcrimes.html|work=]|date=19 October 2009|agency=Associated Press|access-date=28 February 2011}}</ref>
==Other activities==
From 2004 through 2008, in addition to his teaching appointments, Goldstone was the chair of the Advisory Committee to the ].<ref>, an initiative of the Salzburg Global Seminar</ref> In 2008, the Institute became an independent entity, with Goldstone as its chairman.<ref>{{citation | title= About the Institute for Historical Justice and Reconciliation | url= http://www.historyandreconciliation.org/about }}</ref> He also continues as a member of the board of directors of the ].<ref>{{citation | title= Salzburg Global Seminar Board of Directors | url= http://www.salzburgglobal.org/2009/board.cfm }}</ref>


On 16 October 2009, UN Human Rights Council voted in support of the Goldstone Report where twenty-five member nations voted in favour of the resolution endorsing the report, six voted against endorsement while another eleven remained impartial. Goldstone has criticised the United Nations Human Rights Council's selective endorsement of the report his commission compiled, since the resolution adopted chastises Israel only, when the report itself is critical of both parties.<ref>{{cite news|url=http://www.haaretz.com/hasen/spages/1121610.html|title=PA 'won't oppose war crimes trials for Hamas militants' |work=]|date=17 October 2009|first1=Jack|last1=Khoury|first2=Barak|last2=Ravid|access-date=17 October 2009}}</ref>
Goldstone serves on the Board of Directors of several nonprofit organizations that promote justice, including ], the International Center for Transitional Justice, the South African Legal Services Foundation, the ] Center for Ethics, Justice, and Public Life, ], and the Center for Economic and Social Rights.<ref name="PHR-BOD">{{cite web

The Israeli government and some Jewish groups strongly criticised the report, which they asserted was biased and commissioned by a UN body that was hostile to Israel. Hamas also dismissed the findings that it had committed war crimes. Goldstone himself came under sustained personal attack, with critics accusing him of bias, dishonesty and improper motives in being party to the report.<ref name="Russell">{{cite news|last=Russell|first=Cecilia|title=Pair of legal heavyweights defend Goldstone|work=The Star|location=Johannesburg|date=22 January 2010}}</ref> Goldstone denied the accusations, saying he felt that being a Jew increased his obligation to participate in the investigation.<ref name="Federman" />

In a 1 April 2011 article in the '']'' reflecting on the commission's work, Goldstone wrote that the report would have been different if he had been aware of information that had become known since its issuance. While expressing regret that Israel's failure to co-operate with the commission had hindered its ability to gather exculpatory facts, he approved Israel's subsequent internal investigations into incidents described in the report as well as their establishment of policies to better protect civilians in future conflicts. He contrasted the Israeli reaction with the failure of Hamas to investigate or modify their methods and procedures. Goldstone said he had hoped that the commission's inquiry "would begin a new era of evenhandedness at the U.N. Human Rights Council, whose history of bias against Israel cannot be doubted".<ref name="WP0401">{{cite news |last=Goldstone |first=Richard |date=1 April 2011 |title=Reconsidering the Goldstone Report on Israel and war crimes |url=https://www.washingtonpost.com/opinions/reconsidering-the-goldstone-report-on-israel-and-war-crimes/2011/04/01/AFg111JC_story.html |url-status=live |archive-url=https://web.archive.org/web/20110406095757/https://www.washingtonpost.com/opinions/reconsidering-the-goldstone-report-on-israel-and-war-crimes/2011/04/01/AFg111JC_story.html |archive-date=6 April 2011 |access-date=1 April 2011 |newspaper=]}}</ref> In addition, according to a report in ], Goldstone told associates in early 2011 that "he has been in great distress and under duress" ever since publication of his report.<ref></ref>

==Academic and charity activities==
], 23 February 2007]]

Goldstone served as the founding national president of the National Institute of Crime Prevention and the Rehabilitation of Offenders (NICRO), a body established to look after prisoners who had been released; chairperson of the Bradlow Foundation, a charitable educational trust; and head of the board of the ] (HURISA).<ref name="Whoswho2">{{cite web |title=Honourable Mr Justice Richard GOLDSTONE |url=http://www.whoswhosa.co.za/Pages/profilefull.aspx?IndID=942 |url-status=dead |archive-url=https://web.archive.org/web/20090413025004/http://www.whoswhosa.co.za/Pages/profilefull.aspx?IndID=942 |archive-date=13 April 2009 |access-date=27 May 2010 |publisher=Whoswhosa.co.za}}</ref> In March 1996, Goldstone was named chancellor of the ] in Johannesburg.<ref>{{cite news|title=New Job for Prosecutor|url=https://www.nytimes.com/1996/03/27/world/croatian-war-crime-suspect-refuses-to-cooperate.html|date=26 March 1996|agency=Associated Press | work=The New York Times}}</ref> He served for two terms, stepping down in September 2006.<ref>{{cite news|title=Dikgang Moseneke to be Wits chancellor|url=http://www.iol.co.za/index.php?set_id=1&click_id=105&art_id=vn20060908112556287C474011|last=Cembi|first=Nomusa|date=8 September 2006|work=Independent Online (South Africa)}}</ref> In October 2003, Goldstone gave a lecture entitled "Preventing Deadly Conflict" at the University of San Diego's Joan B. Kroc Institute for Peace & Justice Distinguished Lecture Series. He was a Global Visiting Professor of Law at ] in spring 2004, and in the fall, he was the William Hughes Mulligan Visiting Professor at ]. In spring 2005, he was the Henry Shattuck Visiting Professor Law at Harvard Law School.<ref name="Bio">{{cite web|url=http://www.ibanet.org/Document/Default.aspx?DocumentUid=7A1FEF17-C8E9-4336-8AA8-60BFE841B434 |title=Biography of Richard J Goldstone |access-date=27 May 2010}}</ref> Goldstone participated as guest faculty in the Oxford-George Washington International Human Rights Program in 2005.<ref>{{cite web|url=http://www.gwu.edu/~magazine/archive/2006_sept/docs/gwnews.html#oxford|title=GW-Oxford Program Targets Human Rights|work=GW Magazine|publisher=]|location=Washington, D.C.|date=September 2006}}</ref>

Goldstone was named the 2007 Weissberg Distinguished Professor of International Studies at ], in Beloit, Wisconsin. From 17 to 28 January 2007 he visited classes, worked with faculty and students, participated in panel discussions on human rights and transitional justice with leading figures in the field and delivered the annual Weissberg Lecture, "South Africa's Transition to Democracy: The Role of the Constitutional Court" on 24 January at the Moore Lounge in Pearsons Hall.<ref name="Beloit"></ref> In Fall 2007 he was the William Hughes Mulligan Professor of International Law at Fordham University School of Law, and held that position again in Fall 2009. Fordham Law presented him with a Doctor of Laws, ''honoris causa'', in 2007, the highest honor the school can bestow.<ref name="Fordham">{{cite web|url=http://law.fordham.edu/newsroom/5121.htm |title=Richard J. Goldstone to Lead Human Rights Commission Fact-Finding Mission on Gaza Conflict |publisher=Law.fordham.edu |access-date=27 May 2010}}</ref> Goldstone also was the Woodrow Wilson Visiting Scholar in Political Science at Washington & Jefferson College in 2009.<ref name="WW">{{cite web|url=http://www.cic.edu/projects_services/visitingfellows/visiting_fellows_bios.asp#GOLDSTONE|title=Woodrow Wilson Visiting Fellows Program|publisher=Council of Independent Colleges|access-date=28 September 2009|url-status=dead|archive-url=https://web.archive.org/web/20110424091118/http://www.cic.edu/projects_services/visitingfellows/visiting_fellows_bios.asp#GOLDSTONE|archive-date=24 April 2011}}</ref>

He also continues as a member of the board of directors of the ].<ref>{{Cite web | title= Salzburg Global Seminar Board of Directors | url= http://www.salzburgglobal.org/2009/board.cfm }}</ref> Goldstone serves as a trustee for Link-SA, a charity which funds the tertiary education of South Africans from impoverished backgrounds.

He is currently a member of the ]'s International Council.

Goldstone serves on the Board of Directors of several nonprofit organisations that promote justice, including ], the International Center for Transitional Justice, the ], the South African Legal Services Foundation, the ] Center for Ethics, Justice, and Public Life, ], and the Center for Economic and Social Rights.<ref name="PHR-BOD">{{cite web
|url=http://physiciansforhumanrights.org/about/board_bios/richard-goldstone.html |url=http://physiciansforhumanrights.org/about/board_bios/richard-goldstone.html
|title=PHR Board of Directors Justice Richard J. Goldstone |title=PHR Board of Directors Justice Richard J. Goldstone
|publisher=Physicians for Human Rights (PHR) |publisher=Physicians for Human Rights (PHR)
|access-date=16 September 2009
|accessdate=2009-09-16}}</ref> He is a trustee of Hebrew University<ref> JTA, April 3, 2009</ref> Goldstone was president of the Jewish training and education charity ] between 1997 and 2004.<ref>{{cite web|url=http://www.ort.org/asp/article.asp?id=727|title=Former World ORT president wins international award|date=7 November 2008|publisher=World ORT|accessdate=2009-10-26}}</ref>
|archive-date=29 June 2010
|archive-url=https://web.archive.org/web/20100629173115/http://physiciansforhumanrights.org/about/board_bios/richard-goldstone.html
|url-status=dead
}}</ref> Goldstone was president of the Jewish training and education charity ] between 1997 and 2004.<ref>{{cite web|url=http://www.ort.org/asp/article.asp?id=727|title=Former World ORT president wins international award|date=7 November 2008|publisher=World ORT|access-date=26 October 2009}}</ref> He was an honorary member of the Board of Governors of ] for over ten years prior to June 2010, when the university announced he had been dropped from the Board due to inactivity "for a decade or more".<ref name="jposthebuniv">{{cite news|url=http://www.jpost.com/Israel/Article.aspx?id=177529|title=Goldstone stripped of honorary Hebrew U governorship|first=Abe|last=Selig |date=5 June 2010|work=]|access-date=6 June 2010}}</ref> In April 2010, Jerusalem lawyer David Schonberg had requested Goldstone be removed from the Board because of the UN report on Gaza. A university spokesperson stated that removing inactive members was a routine procedure, that other inactive members had also been removed, and that Goldstone's removal had "nothing to do with his Report about Gaza".<ref name="jposthebuniv" /><ref>{{Cite news|title=Demand that Hebrew U. Dismiss Judge Goldstone from Board|url=http://www.israelnationalnews.com/News/news.aspx/137236|date=27 April 2010|first=Tzvi|last=Ben Gedalyahu|work=]|access-date=6 June 2010}}</ref><ref>{{Cite news|title=Judge Goldstone removed from Hebrew University board|url=http://www.thejc.com/news/israel-news/32362/judge-goldstone-removed-hebrew-university-board|date=1 June 2010|first1=Simon|last1=Rocker|work=]|first2=Simon|last2=Rocker|name-list-style=amp|access-date=6 June 2010}}</ref>


==Awards and honours==
Goldstone serves as a trustee for Link-SA, a charity which funds the tertiary education of South Africans from impoverished backgrounds
Goldstone has received the 1994 International Human Rights Award of the ], the 2005 ], and the 2009 MacArthur Award for International Justice, announced by the ].<ref name="Bio" /><ref>{{Cite journal | title= Frank Donaghue Congratulates Justice Richard Goldstone on MacArthur Award for International Justice | publisher= ] | url= http://physiciansforhumanrights.org/library/news-2008-10-20.html }}</ref>


He holds honorary degrees from ] (2008),<ref>{{Cite web|url=https://www.whittier.edu/alumni/poetnation/honorary|title=Honorary Degrees {{!}} Whittier College|website=www.whittier.edu|access-date=2020-02-27}}</ref> ], the ], the ], and the Universities of Cape Town, British Columbia, Glasgow, and Calgary among others.<ref name="Bio" /> He was the first person to be granted the title, "The Hague Peace Philosopher" in 2009, as part of the new Spinoza Fellowship of ], the ] (NIAS), ], and The Hague Campus of ].<ref name="Spinoza">{{Cite news|title=First Spinoza Fellow Richard Goldstone|url=http://static.rnw.nl/migratie/www.rnw.nl/internationaljustice/specials/goldstoneblog/090408-goldstone-interview-redirected|date=8 April 2009|work=]|access-date=27 May 2010}}</ref> He is an honorary fellow of ], an honorary member of the ],<ref>{{Cite web|title=Honorary Members|url=http://www.nycbar.org/Awards&SpecialLecture/Awards.htm#_ftn8|work=Awards|publisher=]|access-date=27 May 2010}}</ref> a foreign member of the ]. Goldstone was a fellow of the ] at ] in 1989.<ref name="Bio" />
Goldstone participated as guest faculty in the Oxford-George Washington International Human Rights Program in 2005.<ref>{{cite|url=http://www.gwu.edu/~magazine/archive/2006_sept/docs/gwnews.html|title=GW-Oxford Program Targets Human Rights|publisher=GW Magazine|date=September 2006}}</ref>


== Personal life and religion ==
Goldstone was a Global Visiting Professor of Law at New York University School of Law in spring 2004, and in the fall, he was the William Hughes Mulligan Visiting Professor at Fordham Law
His family was non-religious,<ref>{{cite news |last=Muller |first=Eli |date=7 June 2000 |title=World ORT president: Israel, S. Africa face similar problems |work=]}}</ref> but he credits his Jewishness with having shaped his ethical views through being part of a community that has been persecuted throughout history.<ref name="Sudarsan" /> Goldstone has written about the role that those of Jewish heritage played in the fight against ] noting, subsequent to ]'s death, that Mandela had himself observed "I have found Jews to be more broad-minded than most whites on issues of race and politics, perhaps because they themselves have historically been victims of prejudice."<ref>{{cite news |title=Nelson Mandela Iconic Leader |url=http://forward.com/articles/173992/nelson-mandela-iconic-leader-for-jews-of-south-afr/?p=all |publisher=Jewish Daily Forward date: December, 2013}}</ref>
School. In spring 2005, he was the Henry Shattuck Visiting Professor Law at
Harvard Law School.<ref name=Bio></ref>


He is married to Noleen Goldstone. They have two daughters and four grandsons.
Goldstone is a Woodrow Wilson Visiting Scholar in Political Science at Washington & Jefferson College.<ref name="WW">{{cite web|url=http://www.cic.edu/projects_services/visitingfellows/visiting_fellows_bios.asp#GOLDSTONE|title=Woodrow Wilson Visiting Fellows Program|publisher=Council of Independent Colleges|accessdate=2009-09-28}}</ref>


==Publications==
Goldstone was named the 2007 Weissberg Distinguished Professor of International Studies at ], in Beloit, Wisconsin. From January 17–28, 2007 he visited classes, worked with faculty and students, participated in panel discussions on human rights and transitional justice with leading figures in the field and delivered the annual Weissberg Lecture, "South Africa's Transition to Democracy: The Role of the Constitutional Court" on January 24 at the Moore Lounge in Pearsons Hall.<ref name=Beloit></ref>


===Books===
Justice Goldstone taught at Harvard University in the Spring 2007 semester.{{Citation needed|date=September 2009}} In Fall 2007 he was the William Hughes Mulligan Professor of International Law at ], and holds that position again in Fall 2009. Fordham Law presented him with a Doctor of Laws, ''honoris causa'', in 2007, the highest honor the school can bestow.<ref name=Fordham></ref>


*''International judicial institutions : the architecture of international justice at home and abroad'', co-authored with Adam M. Smith. London and New York: Routledge, 2009. {{ISBN|978-0-415-77645-5}} (hardback); {{ISBN|978-0-415-77646-2}} (paperback.)
==Awards and honors==
*''For humanity: reflections of a war crimes investigator''. New Haven, Connecticut: Yale University Press, 2000. {{ISBN|978-0-300-08205-0}}
*''Do judges speak out?''. Johannesburg: South African Institute of Race Relations, 1993. {{ISBN|978-0-86982-431-3}}


===Lectures===
Justice Goldstone has received many prominent awards, including the MacArthur Award for International Justice, announced by the ] in October 2008, and bestowed in The Hague in May, 2009.<ref>{{citation | title= Frank Donaghue Congratulates Justice Richard Goldstone on MacArthur Award for International Justice | publisher= ] | url= http://physiciansforhumanrights.org/library/news-2008-10-20.html}}</ref> In 1994, Goldstone received the ] of the ] and in 2005 he received the ].<ref name=Bio/> He holds honorary degrees from ], the ], the ], and the Universities of Cape Town, British Columbia, Glasgow, and Calgary among others.<ref name=Bio/> He was the first person to be granted the title, ''The Hague Peace Philosopher'' in 2009, as part of the new Spinoza Fellowship, a program run by the city of ], the , ], and the Hague Campus of the ].<ref name=Spinoza></ref> He is an honorary fellow of ], an honorary member of the ], a foreign member of the ], and a fellow of the ] of ].<ref name=Bio/>
* in the
* in the


===Contributions to edited volumes, and forewords to books by others===
In October 2003, Goldstone gave a lecture entitled "Preventing Deadly Conflict" at the ]'s ] Institute for Peace & Justice Distinguished Lecture Series. {{Citation needed|date=September 2009}}In April 2005, Goldstone spoke on “The Future of International Criminal Justice,” at the Fletcher School (Tufts University) in Massachusetts.{{Citation needed|date=September 2009}}


* {{Cite book|title=]|isbn=978-0-8133-4406-5|first=Richard J.|last=Goldstone|year=1996|publisher=]|location=Boulder, Colorado|editor-last=Rosenbaum|editor-first=Alan S.|edition=3rd|chapter=From the Holocaust: Some Legal and Moral Implications|publication-date=2008}}
==Publications==
* {{Cite book|title=Human Rights in the 'War on Terror'|isbn=978-0-521-85319-4|first=Richard|last=Goldstone|year=2005|publisher=]|editor-last=Wilson|editor-first=Richard Ashby|chapter=The Tension Between Combating Terrorism and Protecting Civil Liberties}}
===Books by Richard Goldstone===


Goldstone has written forewords to books including Martha Minow's ''Between Vengeance and Forgiveness: Facing History after Genocide and Mass Violence'' ({{ISBN|978-0-8070-4507-7}}) and ''War Crimes: The Legacy of Nuremberg'' ({{ISBN|978-0-8133-4406-5}}), which examines the political and legal influence of the ] on contemporary war crime proceedings.
*''International judicial institutions : the architecture of international justice at home and abroad'', co-authored with Adam M. Smith. London and New York: Routledge, 2009. ISBN: 9780415776455, 0415776457 (hardback); 9780415776462, 0415776465 (pbk.)
*''For humanity: reflections of a war crimes investigator''. New Haven : Yale University Press, c2000. ISBN 0300082053
*''Do judges speak out?''. Johannesburg: South African Institute of Race Relations, 1993. ISBN 0869824317


Goldstone, writing in ] in October 2011, said that "in Israel, there is no apartheid. Nothing there comes close to the definition of apartheid under the 1998 Rome Statute."<ref>{{Cite news|url=https://www.nytimes.com/2011/11/01/opinion/israel-and-the-apartheid-slander.html|title=Opinion {{!}} Israel and the Apartheid Slander|date=2011-10-31|work=The New York Times|access-date=2017-11-21|language=en-US|issn=0362-4331}}</ref>
===Contributions to edited volumes, and prefaces/forewords to books by others===


==See also==
*"From the Holocaust: Some legal and moral implications", chapter in Alan S. Rosenbaum, ed., ''Is the Holocaust Unique? Perspectives on Comparative Genocide''. Boulder, Colo.: Westview Press, 1996.
* ]


==References==
Goldstone has written forewords to several books, including Martha Minow, ''Beyond Vengeance and Forgiveness: Facing History after Genocide'' and ''Mass Violence and War Crimes: The Legacy of ]'', which examines the political and legal influence the ] have had over contemporary war crime proceedings. More recently, he has written about the challenge to individual human rights posed by counter-terror measures in R. A. Wilson, ed., "Human Rights in the 'War on Terror'".
{{Reflist|30em}}


==Further reading and resources==
== References ==
*{{cite journal |last=Hawthorne |first=Peter |date=11 December 2000 |url=http://www.time.com/time/europe/magazine/2000/1211/goldstone.html |archive-url=https://web.archive.org/web/20010124052100/http://www.time.com/time/europe/magazine/2000/1211/goldstone.html |url-status=dead |archive-date=24 January 2001 |title=The Cape Crusader |journal=] |volume=156 |issue=24}}
{{reflist|2}}
*{{cite web |last=Kreisler |first=Harry |year=1997 |url=http://globetrotter.berkeley.edu/people/Goldstone/gold-con0.html |title=Law and the Search for Justice: Conversations with Justice Richard J. Goldstone |work=Conversations with History |publisher=] |access-date=26 April 2004 |archive-date=23 June 2009 |archive-url=https://web.archive.org/web/20090623064300/http://globetrotter.berkeley.edu/people/Goldstone/gold-con0.html |url-status=dead }}
*{{cite web |author=Leadel.NET, ] |year=2010 |url=https://www.youtube.com/watch?v=LBSK98mFg68 |archive-url=https://ghostarchive.org/varchive/youtube/20211221/LBSK98mFg68 |archive-date=2021-12-21 |url-status=live|title=Interview: Richard Goldstone |publisher=Leadel.NET}}{{cbignore}}
*{{cite web |author=Physicians for Human Rights |year=2009 |url=http://physiciansforhumanrights.org/about/board_bios/richard-goldstone.html |title=PHR Board of Directors: Richard J. Goldstone |publisher=] |access-date=20 October 2008 |archive-date=29 June 2010 |archive-url=https://web.archive.org/web/20100629173115/http://physiciansforhumanrights.org/about/board_bios/richard-goldstone.html |url-status=dead }}
*{{cite magazine |last=Williams |first=Ian |date=30 December 2009 |url=http://www.newstatesman.com/middle-east/2010/01/interview-israel-law |title=The NS Interview: Richard Goldstone |magazine=]}}
*


{{Constitutional Court of South Africa}}
==External links==

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{{Portal bar|Biography|Law|South Africa}}
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Latest revision as of 02:26, 24 September 2024

South African former judge

The HonourableRichard J. Goldstone
Goldstone in 2019
Born (1938-10-26) 26 October 1938 (age 86)
Boksburg, South Africa
OccupationLawyer
Known forChairing the Goldstone Commission, prosecuting war crimes in Yugoslavia and Rwanda, leading the United Nations Fact Finding Mission on the Gaza Conflict
SpouseNoleen Goldstone
Children2

Richard Joseph Goldstone (born 26 October 1938) is a South African retired judge who served in the Constitutional Court of South Africa from July 1994 to October 2003. He joined the bench as a judge of the Supreme Court of South Africa, first in the Transvaal Provincial Division from 1980 to 1989 and then in the Appellate Division from 1990 to 1994. Before that, he was a commercial lawyer in Johannesburg, where he entered legal practice in 1963 and took silk in 1976.

He is considered to be one of several liberal judges who issued key rulings that undermined apartheid from within the system by tempering the worst effects of the country's racial laws. Among other important rulings, Goldstone made the Group Areas Act – under which non-whites were banned from living in "whites only" areas – virtually unworkable by restricting evictions. As a result, prosecutions under the act virtually ceased.

During the transition from apartheid to multiracial democracy in the early 1990s, he headed the influential Goldstone Commission investigations into political violence in South Africa between 1991 and 1994. Goldstone's work enabled multi-party negotiations to remain on course despite repeated outbreaks of violence, and his willingness to criticise all sides led to him being dubbed "perhaps the most trusted man, certainly the most trusted member of the white establishment" in South Africa. He was credited with playing an indispensable role in the transition and became a well known public figure in South Africa, attracting widespread international support and interest.

Goldstone's work investigating violence led directly to his being nominated to serve as the first chief prosecutor of the United Nations International Criminal Tribunal for the former Yugoslavia and for Rwanda from August 1994 to September 1996. He prosecuted a number of key war crimes suspects, notably the Bosnian Serb political and military leaders, Radovan Karadžić and Ratko Mladić. On his return to South Africa he took up a seat on the newly established Constitutional Court of South Africa, to which he had been nominated by President Nelson Mandela.

In 2009, Goldstone led a fact-finding mission created by the UN Human Rights Council to investigate international human rights and humanitarian law violations related to the Gaza War. The mission concluded that Israel and Hamas had both potentially committed war crimes and crimes against humanity, findings which sparked outrage in Israel and the initiation of a personal campaign against Goldstone. In 2011, in the light of investigations by the Israeli forces which indicated that they had not intentionally targeted civilians as a matter of policy, Goldstone wrote that if evidence which had been available later had been available at the time, the Goldstone Report would have been a different document.

Early life and education

Goldstone was born on 26 October 1938 in Boksburg near Johannesburg in South Africa's Transvaal Province. His parents were second-generation immigrants: his maternal grandfather was English and his paternal grandfather was a Lithuanian Jew who emigrated in the 19th century. He was educated at the King Edward VII School in Johannesburg and read law at the University of the Witwatersrand, graduating in 1962 with a BA LLB cum laude. He later recalled: "My grandfather decided when I was about four I was going to be a barrister, so I just always assumed I was. It turned out to be a wise decision."

The Great Hall of the University of the Witwatersrand, from which Goldstone graduated in 1962 and where he became Chancellor in 1996

At university, he became involved in anti-apartheid activism, inspired partly by his parents' opposition to racial discrimination. As chairman of the university's student representative council and president of the National Union of South African Students, he campaigned against the exclusion of black students. He also attracted attention from the state security police by having contact with banned anti-apartheid groups, including the African National Congress.

Early legal career

After his graduation, Goldstone was admitted to the Johannesburg Bar in 1963. He practised corporate and intellectual property law as a barrister in Johannesburg for 17 years, establishing a practice that was "100 percent commercial". He was appointed as Senior Counsel in 1976.

Supreme Court of South Africa: 1980–1994

In 1980, Goldstone was appointed as a judge of the Transvaal Provincial Division of the Supreme Court of South Africa. At the time of his appointment he was the youngest Supreme Court judge in the country. He served in the Supreme Court for 14 years, gaining promotion to the Appellate Division in 1989.

Jurisprudence

Goldstone later said that his nomination to the bench created a "moral dilemma", insofar as South African judges were expected to uphold apartheid legislation, but that, "the approach was that it was better to fight from inside than not at all". On these grounds, he was apparently urged by several anti-apartheid lawyers to accept the appointment.

He noted in 1992 that most South African judges "applied such laws without commenting upon their moral turpitude." A number, including Goldstone, were more outspoken – a policy that he felt aided the credibility of the courts. There was a fine dividing line between applying moral standards and promoting political doctrines, but Goldstone believed that "in my view, if a judge is to err, it should be on the side of defending morality." He took the view that "judges have a duty to act morally, and if they're dealing with laws which have an unjust effect, I think it's their duty – if they can, within the powers they've got legitimately – to interpret the laws and give judgments which will make them less harsh and less unjust." Being a judge in apartheid-era South Africa was a challenge, but it had its rewards; "I hated in the morning the thought of having to do this for another day, by the end of the day, I was exhilarated at the reaction and how important the work was."

Goldstone's career as a judge was characterised by bold acts of judicial activism that soon attracted national and international interest. He was described as "an outstanding commercial lawyer who had shrewdly and inventively applied the law to secure justice in politically controversial and human rights cases." Employing the bench as a means of making ordinary South Africans aware of the iniquities of apartheid, he gained a reputation as a committed, compassionate, legally meticulous and politically astute jurist who championed international human rights and sought to temper the effects of South Africa's apartheid laws. He sought to retain his independence, refusing to kowtow to the authorities. As Reinhard Zimmermann puts it, Goldstone "emerged as one of the leading 'liberal' judges who never showed any propensity towards the then prevailing executive-mindedness".

His judicial approach was influenced by the fact that although the ruling National Party had built up a framework of racist and unequal laws aimed at repressing the rights of non-whites, the country had retained the underlying structure and principles of Anglo-Dutch common law. According to Davis & Le Roux (2009), a group of liberal judges that included Goldstone, Gerald Friedman, Ray Leon, Johann Kriegler, John Milne and Lourens Ackermann sought to read the apartheid legislation "as narrowly as possible to give effect to the values of the common law".

This philosophy led Goldstone to issue rulings that undermined key aspects of the apartheid system. One of his most significant rulings concerned the Group Areas Act that mandated the eviction of non-whites from areas reserved for whites. His ruling in the case of S v Govender in 1982 that evictions of non-whites were not automatically required by the Act led to the virtual cessation of such evictions. Following the judgement it became so difficult to evict non-whites from whites-only areas that the system of housing segregation began to break down. Prosecutions under the Act fell from 893 between 1978–1981 to only one in 1983. Geoffrey Budlender, former director of the anti-apartheid Legal Resources Centre, commented of Goldstone's decision in the Govender case that "it was an alert judge trying to apply human rights standards to a repressive piece of legislation. And it was Goldstone's work; it wasn't our work that stopped the Group Areas prosecutions in the end." Budlender noted that "it was a matter of great debate in the eighties about whether decent people should accept appointments to the bench, because they were enforcing repressive laws," but stated that "rom the point of view of the practitioner trying to run human rights cases and public-interest cases, we prayed for a Goldstone or a Didcott on the bench. That was our dream."

In 1985, Goldstone ruled that the government's mass sacking of 1,700 black staff at Baragwanath Hospital in Soweto had been illegal. The following year, he was the first judge to free a political prisoner who had been detained under a recently imposed state of emergency under which the government had given itself draconian police powers. Another important ruling against the state in 1988 resulted in the release of a detainee who had not been advised by the police that he was entitled to a lawyer. In 1989, Goldstone became the first South African judge under apartheid to take on a black law clerk, an African-American Yale Law student named Vernon Grigg. Goldstone also used his judicial prerogatives to visit thousands of people who had been imprisoned without trial, including some who later became members of the post-apartheid South African government. Although he could do little to free them, his visits served to reassure the prisoners – and serve notice to the prison administration – that someone in a position of power was taking an active interest in their well-being. Few white judges at the time enjoyed the trust and respect of the black majority; Goldstone became a notable exception.

Some of South Africa's laws and emergency regulations mandated particular penalties which judges had no discretion to modify. South Africa's whites-only parliament pursued a doctrine of parliamentary supremacy, passing laws which judges were absolutely bound to enforce if they had been enacted by parliament or were faithful to what parliament had done. Goldstone distressed civil rights lawyers in 1986 when he concurred without comment with a decision that allowed the jailing of a 13-year-old boy for disrupting school. Goldstone later remarked that he was constrained by the law, that "the emergency regulations covered the situation." The laws and regulations also included the death penalty for certain crimes such as murders committed without any extenuating circumstances; although Goldstone was personally opposed to the death penalty, he was nonetheless required to pass death sentences on two convicted murderers. His reluctance to impose death penalties prompted criticism from judges who were in favour of capital punishment. Another Transvaal Supreme Court judge, D. Curlewis, commented in 1991 that "a person who deserves to hang was more likely to get the death sentence from me or my ilk" than Goldstone or other liberal judges, who were "at heart abolitionists for one reason or another... Obviously, and for that reason, they cannot be sound on the imposition of the death penalty." During his career as judge, Goldstone sentenced to death 2 black South Africans and was involved in upholding the death sentences of over 20 other black South Africans.

Albie Sachs, who was later to serve alongside Goldstone on the Constitutional Court of South Africa, commented that Goldstone's judicial career demonstrated "that an honest and dignified judge who's sensitive to fundamental human rights of all human beings, even in the most dire circumstances, could find some space for concepts of legality and respect for human dignity."

Sebokeng Inquiry and Goldstone Commission

Residents of a South African township under apartheid rule in 1989. The Goldstone Commission investigated violence and other human rights abuses committed in South Africa's townships.

In 1990, President F. W. de Klerk began the negotiation process that was to lead to the end of apartheid in 1994. At the time, South Africa was plagued by regular massacres as members of the African National Congress (ANC) and the Inkatha Freedom Party (IFP) fought for dominance. The police and security forces often reacted to demonstrations with indiscriminate force, and the ANC claimed that a hypothesised "Third Force" was engaged in covert destabilisation. The violence caused serious problems in building trust between the parties.

The negotiations broke down soon after they started due to a mass shooting at Sebokeng township near Johannesburg in March 1990, in which 281 demonstrators were shot and 11 killed by South African police. After pressure from the ANC, de Klerk appointed Goldstone to investigate the incident. His report was published in September 1990 and was described at the time as "one of the strongest indictments of South Africa's police ever made by a government-appointed investigator." He condemned the police for a breakdown in discipline and recommended that a number of individual police officers be prosecuted. Nine policemen were subsequently charged with murder.

To aid the transition to multiracial democracy, the South African government established a Commission of Inquiry Regarding the Prevention of Public Violence and Intimidation in October 1991 to investigate human rights abuses committed by the country's various political factions. Its members were chosen by consensus among the three main parties. Goldstone had by now become reputed as an impartial and unimpeachable judge, and was asked by ANC chairman Nelson Mandela to head the commission; it became known as the Goldstone Commission. Goldstone explained later that he had been selected because he had earned the confidence of both sides: "The government was aware that I would not make findings against it without good cause, and the majority of South Africans had confidence that I would quote hesitate to make findings against the government if the evidence justified it." He nonetheless received numerous death threats. He continued to work as an appeals court judge throughout his time chairing the commission, hearing cases during the mornings and afternoons and then continuing through to midnight on Commission business.

The Commission sat for three years, carrying out 503 investigations that triggered the initiation of 16 prosecutions. It had no judicial powers and could not issue binding regulations but had to establish its legitimacy through its reports and recommendations. It soon gained a reputation for even handedness, criticising all sides in often trenchant terms. The rivalry between the ANC and IFP was blamed for being "the primary cause" of violence and Goldstone urged both sides to "abandon violence and intimidation as political weapons". The government's security forces were found to have been involved in numerous abuses of human rights, though Goldstone rejected Nelson Mandela's claims that President de Klerk was personally involved and described such suggestions as "unwise, unfair and dangerous". One of Goldstone's most important findings was the revelation in November 1992 that a secret military intelligence unit of the South African Defence Force was working to sabotage the ANC while posing as a legitimate business corporation. The ensuing scandal led to De Klerk purging the army and intelligence services.

Goldstone's findings attracted praise and criticism from all sides. Some anti-apartheid activists criticised Goldstone for what they saw as balancing his reports by apportioning blame equally; Goldstone responded that his findings reflected the fact that all sides had "dirty hands". Nonetheless, his impartiality and willingness to speak out led to him becoming, as the Christian Science Monitor put it in 1993, "arguably the most indispensable arbitrator in South Africa's turbulent transition to democracy." He became a household name and was voted the top newsmaker of 1992 in a South African poll, well ahead of either de Klerk or Mandela. His character was cited by other lawyers as a key asset in making the commission a success; one lawyer commented, "He has the rare ability to straddle both the legal and political worlds. He is a great strategist and combines a deep humanity with a political sensitivity."

As well as reporting on political violence, Goldstone proposed practical measures to end the violence in venues such as commuter trains, taxis, mines, township hostels and the troubled Natal region. He also succeeded in persuading the government to accept an international rôle in the transition – which it had previously strongly opposed – as well as forcing it to undertake a major restructuring of the security forces and purging subversive elements in the military. According to Goldstone, the commission's work helped to calm South Africa during the transition period. He regarded it as "a vitally important safety valve" that provided a "credible public instrument" to deal with incidents that might otherwise have derailed the negotiations. The international community took a similar view; his work was supported and funded by the UN, the Commonwealth and the European Community, who regarded it as vital to expose the truth behind political violence in order to achieve democratic stability.

Goldstone's work was to pave the way for the establishment of the Truth and Reconciliation Commission in 1995, a body that he strongly supported. Its chairman, Archbishop Desmond Tutu, commented that Goldstone had made an "indispensable" contribution to the peaceful democratic transition in South Africa. The commission's final report was strongly critical of the apartheid-era legal system but commended the role of a few judges, including Goldstone, who "exercised their judicial discretion in favour of justice and liberty wherever proper and possible". It noted that although they were few in number, such figures were "influential enough to be part of the reason why the ideal of a constitutional democracy as the favoured form of government for a future South Africa continued to burn brightly throughout the darkness of the apartheid era." The Commission found that "the alleviation of suffering achieved by such lawyers substantially outweighed the admitted harm done by their participation in the system." Reinhard Zimmermann commented in 1995 that "Goldstone's reputation as a sound and impeccably impartial lawyer coupled with his genuine concern for social justice have invested him, across the political spectrum, with a degree of legitimacy that is probably unequalled in South Africa today."

Constitutional Court of South Africa: 1994–2003

From July 1994 to October 2003, Goldstone was a judge in the Constitutional Court of South Africa, which was newly established under the post-apartheid Interim Constitution. Justice Albie Sachs described Goldstone as representing "a sense of continuity" between the traditions of the past that managed to survive the years of apartheid, and the whole new era of the constitution that governs South Africa today. Notable judgments written by Goldstone included three important decisions on unfair discrimination and the right to equality: President v Hugo, Harksen v Lane, and J v Director-General, Home Affairs.

International service

Chief UN Prosecutor in Yugoslavia and Rwanda

The International Criminal Tribunal for the former Yugoslavia building in The Hague, Netherlands

In August 1994, Goldstone was named as the first chief prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY), which was established by a resolution of the UN Security Council in 1993. When the Security Council established the International Criminal Tribunal for Rwanda (ICTR) in late 1994, he became its chief prosecutor, too. His appointment to the tribunals came as something of a surprise, even to Goldstone himself, as he had only limited experience of international law and Yugoslavian affairs and had never been a prosecutor before. He owed his appointment to the Italian chief judge of the ICTY, Antonio Cassese. There had been lengthy wrangling between UN member states about whom to appoint as a prosecutor and none of the candidates proposed so far had been accepted. The French national counsel, Roger Errera, suggested Goldstone, commenting that "if he is Jewish, that goes down well. Everyone suspects everyone in the former Yugoslavia. So it's better that he is neither Catholic, nor Orthodox, nor Muslim."

Goldstone was approached by Cassese and expressed an interest in the position. President Mandela supported his wish to take up the position at The Hague, as Goldstone later recalled: "He certainly encouraged me. He thought it was important to take what was the first offer of a major international position after South Africa ceased to be a pariah." However, the offer put Mandela in a difficult spot. He wanted Goldstone, who was one of the few South African jurists to have earned the respect of both blacks and whites, for South Africa's newly established Constitutional Court. Mandela struck a deal with the UN Secretary-General, Boutros Boutros-Ghali, that Goldstone would serve only half of his four-year term as prosecutor and would then return to take up his post in South Africa. The president rushed through a constitutional amendment that would allow Goldstone to be named, take an immediate period of leave to serve at the tribunal and then return to his spot on the Constitutional Court. He proved to be an ideal candidate, as he had been suggested by the French, was not too hot-headed for the British, was strong enough to satisfy the Americans and his credentials as a white South African who had opposed apartheid satisfied the Russians and Chinese. The UN Security Council unanimously approved his appointment to the rôle of prosecutor.

In his roles at the ICTY and ICTR he had to design prosecutorial strategies for both those ground-breaking tribunals, from scratch. In doing so, he sought to be scrupulously even-handed – a goal he was more easily able to achieve at ICTY than at ICTR. He built his strategy at both courts to a large degree on that pursued by the prosecutors at the Nuremberg Tribunal of 1945–46. He served as the chief prosecutor of the two tribunals until September 1996. Among his most notable legal achievements as chief prosecutor was securing the recognition of rape as a war crime under the Geneva Convention.

Goldstone was hindered by the inflexible bureaucracy of the UN, finding the newly established ICTY in a shambles when he joined the tribunal. The tribunal lacked political legitimacy, financial support and prosecutorial direction; its failure to even bring any prosecutions had led to it being criticised by the media as "a fig leaf for inaction", and Goldstone was asked by the former British prime minister Edward Heath: "Why did you accept such a ridiculous job?" He had to make repeated appeals to the UN's hierarchy and to donor nations for the equipment and funding that the tribunal needed to operate. He quickly found that the key to the job was to take " big-picture diplomatic role and that the hands-on prosecution work could be pushed down to experienced prosecutors and investigators like Blewitt – at least for the time being." He undertook a flurry of media appearances and financial negotiations that led to the tribunal being properly staffed for the first time, with many staff being recruited through his own personal networks; a budget of eight million dollars from thirteen countries, supplemented by a $300,000 donation from George Soros; and the first indictment, of Bosnian Serb prison camp guard Duško Tadić.

Another problem Goldstone faced was the reluctance of NATO peacekeeping forces in Bosnia to apprehend war crimes suspects. He was bitterly critical of what he called the "highly inappropriate and pusillanimous policy" of Western countries in declining to pursue suspected war criminals, singling out France and the United Kingdom as particular culprits. By the end of his time as prosecutor he had issued 74 indictments but only seven of the accused had been apprehended.

Goldstone was instrumental in preventing the Dayton Agreement of December 1995 including amnesty provisions for those accused of war crimes in the former Yugoslavia. Some commentators had advocated including an amnesty as the price for peace; Goldstone was resolutely opposed to this, not only because it would enable those responsible for atrocities to escape justice but also because of the dangerous precedent it could set, where powerful actors such as the United States could bargain away the ICTY's mandate for political convenience. In response, Goldstone pushed through a new indictment of the Bosnian Serb president Radovan Karadžić and his army chief Ratko Mladić for the Srebrenica massacre, which was issued two weeks into the peace talks at Dayton. He lobbied President Bill Clinton to resist any such demands and made it clear that an amnesty would not be a legal basis for the ICTY to suspend indictments. In the end, no amnesty was included in the Dayton Agreement. Goldstone's actions were later credited with making the negotiations a success. The chief US negotiator, Richard Holbrooke, described the tribunal as "a huge valuable tool" which had enabled Karadžić and Mladić to be excluded from the talks, with the Serbian side represented instead by the more conciliatory Milosević. The Dayton Agreement put direct responsibility on all sides to send suspects to The Hague, committing the Serbian, Bosnian and Croatian governments to cooperating with the ICTY in future.

When he retired from the Office of the Prosecutor in 1996, Goldstone was replaced by the distinguished Canadian lawyer Louise Arbour. His contribution was praised by colleagues at the ICTY: "Goldstone was absolutely right for his time because he came with moral clout from South Africa and his own particular status as a champion of human rights."

Argentina

He was a member of the International Panel of the Commission of Enquiry into the Activities of Nazism in Argentina (CEANA) which was established in 1997 to identify Nazi war criminals who had emigrated to Argentina, and transferred victim assets (Nazi gold) there.

Kosovo

Goldstone was chair of the Independent International Commission on Kosovo from August 1999 until December 2001.

Volcker Committee

In April 2004, he was appointed by Kofi Annan, the UN Secretary General, to the Independent Inquiry Committee, chaired by Paul Volcker, to investigate the Iraq Oil for Food program.

The Goldstone Report

Main article: United Nations Fact Finding Mission on the Gaza Conflict
Explosion in Gaza on 12 January 2009, the 17th day of the Gaza War

During the Gaza War between Israel and Hamas in December 2008 – January 2009, the UN Human Rights Council (UNHRC) passed a resolution condemning Israel for "grave violations" of human rights and calling for an independent international investigation. The UNHRC appointed a four-person team, headed by Goldstone, to investigate "all violations of international human rights law and international humanitarian law that might have been committed at any time in the context of the military operations that were conducted in Gaza during the period from 27 December 2008 and 18 January 2009, whether before, during or after."

According to a Reuters report Goldstone said he had spent many days and "sleepless nights" deciding whether to accept the mandate, saying that it had come as "quite a shock". He continued, "I can approach the daunting task I have accepted in an even-handed and impartial manner and give it the same attention that I have to situations in my own country," where his experience had been that "transparent, public investigations are very important, important particularly for the victims because it brings acknowledgement of what happened to them." He explained that he had long "taken a deep interest in Israel, in what happens in Israel, and I have been associated with organisations that have worked in Israel" and "decided to accept it because of my deep concern for peace in the Middle East, and my deep concern for victims in all sides in the Middle East."

Goldstone insisted that he would not follow a one-sided mandate but would investigate any abuses committed by either side during the conflict. He said that he had initially not been willing to take on the mission unless the mandate was expanded to cover all sides. Despite then-president of the Human Rights Council, Ambassador Martin Uhomoibhi's verbal commitment that there was no objection to the revised mandate, the Human Rights Council never voted to revise the mandate, and resolution S-9/1 remained unchanged.

The Israeli government refused to cooperate with the investigation, accusing the UN Human Rights Council of anti-Israel bias and arguing that the report could not possibly be fair.

In a 20 January 2011 panel discussion at Stanford University, Goldstone said that the UNHRC "repeatedly rush to pass condemnatory resolutions in the face of alleged violations of human rights law by Israel but ... have failed to take similar action in the face of even more serious violations by other States. Until the Gaza Report they failed to condemn the firing of rockets and mortars at Israeli civilian centers."

The report, released on 15 September 2009, concluded that both sides had committed violations of the laws of war. It stated that Israel had used disproportionate force, targeted Palestinian civilians, used them as human shields and destroyed civilian infrastructure. Hamas and other armed Palestinian groups were found to have deliberately targeted Israeli civilians and sought to spread terror in southern Israel by mounting indiscriminate rocket attacks. The report's conclusions were endorsed by the UN Human Rights Council.

On 16 October 2009, UN Human Rights Council voted in support of the Goldstone Report where twenty-five member nations voted in favour of the resolution endorsing the report, six voted against endorsement while another eleven remained impartial. Goldstone has criticised the United Nations Human Rights Council's selective endorsement of the report his commission compiled, since the resolution adopted chastises Israel only, when the report itself is critical of both parties.

The Israeli government and some Jewish groups strongly criticised the report, which they asserted was biased and commissioned by a UN body that was hostile to Israel. Hamas also dismissed the findings that it had committed war crimes. Goldstone himself came under sustained personal attack, with critics accusing him of bias, dishonesty and improper motives in being party to the report. Goldstone denied the accusations, saying he felt that being a Jew increased his obligation to participate in the investigation.

In a 1 April 2011 article in the Washington Post reflecting on the commission's work, Goldstone wrote that the report would have been different if he had been aware of information that had become known since its issuance. While expressing regret that Israel's failure to co-operate with the commission had hindered its ability to gather exculpatory facts, he approved Israel's subsequent internal investigations into incidents described in the report as well as their establishment of policies to better protect civilians in future conflicts. He contrasted the Israeli reaction with the failure of Hamas to investigate or modify their methods and procedures. Goldstone said he had hoped that the commission's inquiry "would begin a new era of evenhandedness at the U.N. Human Rights Council, whose history of bias against Israel cannot be doubted". In addition, according to a report in Haaretz, Goldstone told associates in early 2011 that "he has been in great distress and under duress" ever since publication of his report.

Academic and charity activities

Goldstone at Beloit College, 23 February 2007

Goldstone served as the founding national president of the National Institute of Crime Prevention and the Rehabilitation of Offenders (NICRO), a body established to look after prisoners who had been released; chairperson of the Bradlow Foundation, a charitable educational trust; and head of the board of the Human Rights Institute of South Africa (HURISA). In March 1996, Goldstone was named chancellor of the University of the Witwatersrand in Johannesburg. He served for two terms, stepping down in September 2006. In October 2003, Goldstone gave a lecture entitled "Preventing Deadly Conflict" at the University of San Diego's Joan B. Kroc Institute for Peace & Justice Distinguished Lecture Series. He was a Global Visiting Professor of Law at New York University School of Law in spring 2004, and in the fall, he was the William Hughes Mulligan Visiting Professor at Fordham University School of Law. In spring 2005, he was the Henry Shattuck Visiting Professor Law at Harvard Law School. Goldstone participated as guest faculty in the Oxford-George Washington International Human Rights Program in 2005.

Goldstone was named the 2007 Weissberg Distinguished Professor of International Studies at Beloit College, in Beloit, Wisconsin. From 17 to 28 January 2007 he visited classes, worked with faculty and students, participated in panel discussions on human rights and transitional justice with leading figures in the field and delivered the annual Weissberg Lecture, "South Africa's Transition to Democracy: The Role of the Constitutional Court" on 24 January at the Moore Lounge in Pearsons Hall. In Fall 2007 he was the William Hughes Mulligan Professor of International Law at Fordham University School of Law, and held that position again in Fall 2009. Fordham Law presented him with a Doctor of Laws, honoris causa, in 2007, the highest honor the school can bestow. Goldstone also was the Woodrow Wilson Visiting Scholar in Political Science at Washington & Jefferson College in 2009.

He also continues as a member of the board of directors of the Salzburg Global Seminar. Goldstone serves as a trustee for Link-SA, a charity which funds the tertiary education of South Africans from impoverished backgrounds.

He is currently a member of the Whitney R. Harris World Law Institute's International Council.

Goldstone serves on the Board of Directors of several nonprofit organisations that promote justice, including Physicians for Human Rights, the International Center for Transitional Justice, the Institute for Justice and Reconciliation, the South African Legal Services Foundation, the Brandeis University Center for Ethics, Justice, and Public Life, Human Rights Watch, and the Center for Economic and Social Rights. Goldstone was president of the Jewish training and education charity World ORT between 1997 and 2004. He was an honorary member of the Board of Governors of Hebrew University for over ten years prior to June 2010, when the university announced he had been dropped from the Board due to inactivity "for a decade or more". In April 2010, Jerusalem lawyer David Schonberg had requested Goldstone be removed from the Board because of the UN report on Gaza. A university spokesperson stated that removing inactive members was a routine procedure, that other inactive members had also been removed, and that Goldstone's removal had "nothing to do with his Report about Gaza".

Awards and honours

Goldstone has received the 1994 International Human Rights Award of the American Bar Association, the 2005 Thomas J. Dodd Prize in International Justice and Human Rights, and the 2009 MacArthur Award for International Justice, announced by the John D. and Catherine T. MacArthur Foundation.

He holds honorary degrees from Whittier College (2008), Hebrew University, the University of Notre Dame, the University of Maryland, and the Universities of Cape Town, British Columbia, Glasgow, and Calgary among others. He was the first person to be granted the title, "The Hague Peace Philosopher" in 2009, as part of the new Spinoza Fellowship of The Hague, the Netherlands Institute for Advanced Study in the Humanities and Social Sciences (NIAS), Radio Netherlands, and The Hague Campus of Leiden University. He is an honorary fellow of St John's College, Cambridge, an honorary member of the Association of the Bar of the City of New York, a foreign member of the American Academy of Arts and Sciences. Goldstone was a fellow of the Weatherhead Center for International Affairs at Harvard University in 1989.

Personal life and religion

His family was non-religious, but he credits his Jewishness with having shaped his ethical views through being part of a community that has been persecuted throughout history. Goldstone has written about the role that those of Jewish heritage played in the fight against apartheid noting, subsequent to Nelson Mandela's death, that Mandela had himself observed "I have found Jews to be more broad-minded than most whites on issues of race and politics, perhaps because they themselves have historically been victims of prejudice."

He is married to Noleen Goldstone. They have two daughters and four grandsons.

Publications

Books

  • International judicial institutions : the architecture of international justice at home and abroad, co-authored with Adam M. Smith. London and New York: Routledge, 2009. ISBN 978-0-415-77645-5 (hardback); ISBN 978-0-415-77646-2 (paperback.)
  • For humanity: reflections of a war crimes investigator. New Haven, Connecticut: Yale University Press, 2000. ISBN 978-0-300-08205-0
  • Do judges speak out?. Johannesburg: South African Institute of Race Relations, 1993. ISBN 978-0-86982-431-3

Lectures

Contributions to edited volumes, and forewords to books by others

Goldstone has written forewords to books including Martha Minow's Between Vengeance and Forgiveness: Facing History after Genocide and Mass Violence (ISBN 978-0-8070-4507-7) and War Crimes: The Legacy of Nuremberg (ISBN 978-0-8133-4406-5), which examines the political and legal influence of the Nuremberg trials on contemporary war crime proceedings.

Goldstone, writing in The New York Times in October 2011, said that "in Israel, there is no apartheid. Nothing there comes close to the definition of apartheid under the 1998 Rome Statute."

See also

References

  1. ^ Keller, Bill (8 March 1993). "Cape Town Journal; In a Wary Land, the Judge Is Trusted (to a Point)". The New York Times. Retrieved 27 May 2010.
  2. ^ "Richard J. Goldstone Appointed to Lead Human Rights Council Fact-finding mission on Gaza Conflict". Office of the United Nations High Commissioner for Human Rights. 3 April 2009.
  3. "UN appoints Gaza war-crimes team". BBC News. London. 3 April 2009. Retrieved 3 April 2009.
  4. "Judge Goldstone to visit Israel, says minister". The Guardian. London. Associated Press. 5 April 2011.
  5. ^ Goldstone, Richard (1 April 2011). "Reconsidering the Goldstone Report on Israel and war crimes". The Washington Post. Archived from the original on 6 April 2011. Retrieved 1 April 2011.
  6. ^ "Justice Richard Goldstone". Constitutional Court of South Africa. 20 June 2006. Archived from the original on 20 June 2006. Retrieved 11 February 2024.
  7. ^ Devine, Carol; Hansen, Carol Rae; Wilde, Ralph & Poole, Hilary (1999). "Chapter 7: Human Rights Activists". Human Rights: The Essential Reference. Phoenix, Arizona: Oryx Press. pp. 190–191. ISBN 978-1-57356-205-8. Retrieved 31 May 2010.
  8. "Judge of our inactions". The Guardian. 1 October 1994.
  9. The International Who's Who 2004. Europa Publications. 2003. p. 624. ISBN 978-1-85743-217-6.
  10. ^ Shaw, John (2002). Washington diplomacy: profiles of people of world influence. Algora Publishing. p. 61. ISBN 978-0-87586-160-9.
  11. ^ Shimoni, Gideon (2004). "The Jewish Response to Apartheid: The Record and Its Consequences". In Mendelsohn, Ezra (ed.). Jews and the state: dangerous alliances and the perils of privilege. Oxford University Press US. p. 38. ISBN 978-0-19-517087-0.
  12. Chaskalson, Arthur; Bizos, George (29 January – 5 February 2010). "Chaskalson and Bizos come out in defence of Richard Goldstone". SA Jewish Report. p. 16.
  13. ^ Schabas, William A.; Goldstone, Richard J. (1 July 2001). "For Humanity: Reflections of a War Crimes Investigator". American Journal of International Law. 95 (3): 742–744. doi:10.2307/2668526. ISSN 0002-9300. JSTOR 2668526. S2CID 230912927.(subscription required)
  14. ^ Raghavan, Sudarsan (14 March 1995). "Richard J. Goldstone – A South African jurist takes on Balkan and Rwanda conflicts, seeking to punish war criminals". Los Angeles Times.
  15. ^ Carlin, John (22 November 1992). "Referee in the eye of a storm". The Independent on Sunday.
  16. "Conversation with Justice Richard Goldstone – p. 1 of 7". Globetrotter.berkeley.edu. 25 July 2003. Retrieved 27 May 2010.
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  18. "1,200 to meet here in ORT convention". Chicago Sun-Times. 15 October 1987.
  19. Eldar, Akiva (6 May 2010). "Richard Goldstone: I have no regrets about the Gaza war report". Haaretz.
  20. ^ Bass, Gary Jonathan (2002). Stay the hand of vengeance: the politics of war crimes tribunals. Princeton University Press. p. 220. ISBN 978-0-691-09278-2.
  21. ^ Hagan, John (2003). Justice in the Balkans: prosecuting war crimes in the Hague Tribunal. University of Chicago Press. pp. 60–61. ISBN 978-0-226-31228-6.
  22. ^ 29 Isr. L. Rev 250 (1995). The Contribution of Jewish Lawyers to the Administration of Justice in South Africa; Zimmermann, Reinhard
  23. Davis, Dennis; Le Roux, Michelle (2009). "Introduction". Precedent & Possibility: the (ab)use of law in South Africa. Juta and Company Ltd. pp. 5–7. ISBN 978-1-77013-022-7.
  24. Tigar, Michael E. (2002). Fighting injustice. American Bar Association. p. 334. ISBN 978-1-59031-015-1.
  25. Gardner, John (1997). Politicians and apartheid: trailing in the people's wake. HSRC Press. p. 46. ISBN 978-0-7969-1821-5.
  26. "Transcript of Interview with Geoffrey Budlender" (PDF). Carnegie Corporation Oral History Project. 7 August 1999.
  27. "1,700 Blacks Reinstated by South African Hospital". Reuters. 25 November 1985.
  28. "Judge frees political prisoner in S. Africa". Houston Chronicle. 8 July 1986.
  29. Margolick, David (16 August 1989). "Breaking One of South Africa's Barriers". The New York Times.
  30. ^ Meintjes, Garth. "Goldstone, Richard". In Shelton, Dinah (ed.). Encyclopedia of genocide and crimes against humanity, Volume 1.
  31. 19 Cardozo L. Rev. 1047 (1997–1998). To Resign or Not to Resign; Ellmann, Stephen
  32. Elgot, Jessica (6 May 2010). "Goldstone responds to 'death penalty' allegations". The Jewish Chronicle.
  33. Parker, Peter; Mokhesi-Parker, Joyce (1998). In the shadow of Sharpeville: apartheid and criminal justice. NYU Press. pp. 171–172. ISBN 978-0-8147-6659-0.
  34. Judge Goldstone's dark past Tehiya Barak, Ynet, 05.06.10
  35. Eldar, Akiva (6 May 2010). "Richard Goldstone: I have no regrets about the Gaza war report Israel News". Haaretz. Retrieved 6 August 2014.
  36. ^ McDonough, Challiss (2 October 2003). "SAF/GOLDSTONE (L-O)". Voice of America.
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