What do you guys make of the following?

> This is from today's Ha'aretz.
>
>
> The findings are known in advance
>
> By Ze'ev Segal
>
>
>
http://www.haaretzdaily.com/hasen/pages/ShArt.jhtml?itemNo=157041&contrassID
=2&subContrassID=4&sbSubContrassID=0&listSrc=Y
>
>
> The commission investigating the events of the Sabra and Chatilla refugee
> camps determined that the massacre was carried out by the Phalangists and
> that the State of Israel thus did not bear direct responsibility for it.
>
> In a note to the summary of their report, published in February 1983, the
> members of the Kahan commission said they were not deluding themselves
> into thinking that "the results of this inquiry would convince or satisfy
> those with prejudiced views and a selective conscience."
>
> About a year ago, the Belgian court hearing the case against Prime
> Minister Ariel Sharon and other senior Israeli officials was presented
> with a whole set of testimonies, which appeared to be well-coordinated and
> orchestrated, about atrocities allegedly committed by Israeli soldiers in
> the camps.
>
> A similar set of testimonies could also be the daily bread of the
> fact-finding committee appointed by United Nations Secretary General Kofi
> Annan to look into the events in the Jenin refugee camp. Palestinian
> sources, who are still making waves in international broadcasts, continue
> to claim there was a massacre in Jenin. This is the picture that will be
> presented to the fact-finding team by Palestinian witnesses, who will
> presumably speak with a single voice.
>
> There is reason for concern that Israeli testimony will not lead the
> committee - which is commissioned to report its findings to the UN
> secretary-general and Security Council - to an unequivocal conclusion that
> there was never was any massacre. A complete rejection of the massacre
> claim would entail a pointed refutation of the testimony of the
> Palestinian side, something the committee would seek to avoid given its
> political nature.
>
> The fact-finding committee is comprised of people of political and
> humanitarian background, without legal expertise in the objective and
> professional reviewing of facts. The committee does not include any
> experts with military background in fighting terror, and the general
> characteristics of the committee are far from that of the commission of
> inquiry that is customary in Israel. This type of committee does not even
> raise an expectation that its investigation would be impartial.
>
> Israeli government officials assume that the recordings, photographs and
> transcripts of prisoner interrogations pointing to the truth would be
> relevant only to a fact-finding committee of a legal nature. The UN
> committee is not like this. At best it may conclude - in a "note" attached
> to the findings or in some other way - that it is impossible to determine
> with certainty that there was a massacre in Jenin. This conclusion would
> come together with the predictable findings that Israel used "excessive
> force" and "prevented humanitarian aid." This type of conclusion was
> actually already sounded by Terje Larsen, according to which "Israel
> prevented aid organizations and international assistance from entering for
> seven days."
>
> This type of statement, without addressing the overall context, is enough
> to open the gates to war crimes tribunals and other investigations, and
> serve as the basis for anti-Israel decisions in UN institutions. The UN
> secretary general did not rule out the possibility of putting soldiers on
> trial for war crimes, though UN sources said those testifying would be
> promised immunity.
>
> The need to vigorously oppose sending soldiers before the UN panel is not
> because we have something to hide. The widespread assumption is that we
> have nothing to hide. The IDF could have submitted its material and
> personnel for a review before a neutral and objective committee, but not
> to a committee representing the the Security Council, in which Israel does
> not get a fair hearing.
>
> The promise of immunity for IDF soldiers from international criminal
> prosecution is a bluff. Immunity inherently exists only on the assumption
> that those implicated under questioning will not travel abroad. Otherwise,
> they will not have immunity and the findings of the committee will haunt
> them wherever they go. A government decision to subject them to
> questioning would be inconsistent with the state's obligation to protect
> the dignity and freedom of its soldiers, as also expressed in the Basic
> Law on Human Dignity and Freedom.
>
> It is accepted in law that a state can renege on a promise in the face of
> a clear "public interest." Israel does not need to stand by its initial
> agreement to the formation of a UN committee in light of its composition
> and character, which does not promise an honest and unbiased inquiry.
>
> Israel cannot agree to cooperate with a committee that would discuss the
> actions in Jenin according to political considerations without addressing
> the overall picture of Jenin as "the capital of suicide bombers" and the
> whole series of horrific attacks that led to the IDF action. Israel could
> submit to the committee - if its relationship with the United States so
> required - recordings and aerial photos of the Jenin operation, and
> documents about Jenin's role in terror and about the chain of terror
> attacks in Israel and the territories.
>
> However, the government should not, under any condition, expose IDF
> soldiers to an international inquiry whose findings are actually known in
> advance.
>
>
>
>
>
>
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