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Slandering Human Rights Watch

20 Nov 2006 09:25 am

Aryeh Neier, formerly of Human Rights Watch and currently of the Open Society Institute, had a great article in The New York Review of Books a couple of issues ago about the Lobby That Shall Not Be Named's scandalous campaign against Human Rights Watch and its executive director, Kenneth Roth, in the wake of the Lebanon War. Having issues reports condemning crimes committed by Hezbollah as well as ones critical of Israeli conduct, the group got the following treatment:

One of those who responded angrily to the Human Rights Watch report was Abraham Foxman, national director of the Anti-Defamation League. He said, "Human Rights Watch's approach to these problems is immorality at the highest level," and he accused Kenneth Roth of engaging in "a classic anti-Semitic stereotype about Jews" for using the term an "eye for an eye" when referring to Israel's policies.[2] Rabbi Avi Shafran, a spokesman for Agudath Israel of America, a leading Orthodox group, compared Roth to Mel Gibson.[3] Martin Peretz of The New Republic said that "this Human Rights Watch libel has utterly destroyed its credibility, at least for me."[4] And Harvard law professor Alan Dershowitz, never to be outdone, wrote in The Jerusalem Post, "When it comes to Israel and its enemies, Human Rights Watch cooks the books about facts, cheats on interviews, and puts out predetermined conclusions that are driven more by their ideology than by evidence." . . .

Under Roth's leadership, most observers would probably agree, Human Rights Watch is the preeminent source of reliable information on human rights abuses throughout the world. Hardly any nongovernmental organization anywhere is comparably influential with respect to international public policy. It is, perhaps, awareness that reporting by Human Rights Watch carries such weight that makes those who object to its reporting on Israel's conduct in Lebanon so intent on disparaging its performance. Attacking its director seems to be a deliberate strategy intended to suggest that the organization has not simply made errors but that its reporting reflects deep bias against Israel and, if Abraham Foxman and others are to be believed, against Jews. . . .

To the extent that the current campaign against Human Rights Watch is organized the driving force has been a newspaper launched in 2002, The New York Sun, which accused Kenneth Roth of anti-Semitism in a two-column editorial. . . .

On July 25, just two weeks after the beginning of the war in Lebanon, the Sun published an attack on Human Rights Watch by Avi Bell, whom it identified as a law professor at Israel's Bar Ilan University and a visiting professor at Fordham University Law School. . . .

This was deficient, according to Bell, because it did not address the question of aggression, and he accused Human Rights Watch of "whitewashing Hezbollah's crimes of aggression." Another alleged fault was the failure to label Hezbollah's acts as genocide despite the fact that Hezbollah's leader had made statements indicating a desire to kill Jews. In early September Joshua Muravchik, writing in The Weekly Standard, also criticized HRW's failure to denounce aggression and claimed that HRW failed to accuse Hezbollah of genocide because this would divert it "from its main mission of attacking Israel."

One of the difficulties with these criticisms is that they suggest that Human Rights Watch should abandon the standards it has applied in the other conflicts it has addressed. The organization has never labeled any party to any conflict as an aggressor, holding that the concept of aggression is poorly defined. As Israel and the United States argued at the Rome conference in 1998 when the treaty for the International Criminal Court was adopted, it is impossible to come up with a definition of aggression that is not politically controversial. . . .

As for genocide, like others who address human rights issues responsibly, Human Rights Watch is sparing in its use of the term because genocide is the ultimate crime and it would be a mistake to diminish its significance by using the term indiscriminately. There have been vast numbers of killings, many of them where ethnic or religious motives were a factor, in such countries as the Democratic Republic of Congo, Burundi, Liberia, Sierra Leone, Uganda, Sudan, Burma, India (Kashmir, Gujarat), Indonesia, East Timor, Afghanistan, Iraq, and Russia (Chechnya), but there has been no situation in the past decade that Human Rights Watch has labeled as genocide. It has used that label only three times in its history: to describe the slaughter of Bosnian Muslims in the early 1990s; of Rwandan Tutsis in 1994; and of Iraqi Kurds by Saddam Hussein's regime in the Anfal campaign of 1988.

Among the factors it considered before using the term were the scale and systematic nature of the killing. In the cases that HRW labeled as genocide, the number of those killed ranged from several scores of thousands to several hundreds of thousands. Human Rights Watch described the killing of Israeli civilians as war crimes but the total number killed throughout the conflict with Hezbollah—forty-three, of whom at least eighteen were Israeli Arabs—is often exceeded in a single day by the number of Iraqis killed in sectarian violence.

I think of this as a genuinely sad historical moment. The world's Jewish community has had, I think it's clear, two primary responses to the mid-century Holocaust -- one has been the Zionist project in various forms and the other has been an intense interest in the international human rights movemet. The vicious and fundamentally unfounded assaults on one of the main pillars of the latter is designed to protect the former but were it to be successful in discrediting Human Rights Watch and others who called attention to Israeli abuses would have far wider, and seriously malign, implications.

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Comments (27)

Well, OK, but HRW did go pretty soft on Hezbollah for a while. I can't cite chapter and verse, but HRW at one point said Hezbollah's firing of rockets into cities to kill Jews "might be" or "could be" a war crime, until criticism by Israel's allies forced HRW to change the wording to "is" a war crime.

"The world's Jewish community has had, I think it's clear, two primary responses to the mid-century Holocaust -- one has been the Zionist project in various forms and the other has been an intense interest in the international human rights movemet."

The Zionist project is always excluded from such criticism. There's no way that Israel's permanent policy proposals - put ethnically privileged settler colonies into the lands conquered in 1967 and use a variety of means to get the remaining indigenous arabs out of Israel - can be reconciled with even the most minimum views of liberalism or human rights.

Like all other forms of international law, international human rights essentially reflects the interests of the powerful, and will always be used to e.g. justify bombing iran and never be effectively used to e.g. prevent Israeli settlements in East Jerusalem.


There are people who want to be able to say where the chain of blame begins and ends. Beware those people.

One thing I'm always fascinated by is the desire to judge non-state actors with the same lens that we look at states. The entire framework of international law is designed to affect states, not organizations. I mean, do we sit around discussing how al-Qaeda is violating international law and committing crimes against humanity?

I think this is part of the larger attempt of many supporters of Israel to make Israel and its non-state enemies seem more equal, and closer in relative power when that is clearly not the case. Comparing the Israeli/Palestinian death totals, or the Israeli/Lebanese ones a pretty clear picture emerges.

Comment addressed to Mr. Riley -- while acknowleging you can't cite chapter and verse, you go on to make a point refuted by Aryeh Neier's piece in the first place. He quotes HRW's report of August 3, which concluded that Hezbollah's actions "amount to war crimes," no coulds or mights about it. The "criticisms by Israel's allies" (your words) cited in the NYRB article all came after that report -- August 6, 8 and 24 (and so could not have pressured HRW into revising its document). Are there other Israeli ally criticisms out there? Can you document your evidence for HRW's "soft"ness on Hezbollah? Might you have been remembering something written by one of HRW's critics who had mischaracterized HRW's position?

anon:

Great comment.

The corollary to this is that partisans of Israel want to link adversarial states as much as possible with the actions of non-state actors, so that the threshold for USraeli retaliation is much, much lower -- low to the point of arbitrariness, as we saw with Iraq. They want to claim that those Sykes-Picot borders and whatnot are all terribly naive, just like international law.

Matthew Y. also omits a point here. Concepts of international law and world opinion were useful hedges for the Isaelis and their partisans until Israel became strong enough to so thoroughly and jeeringly ignore them.

As for Richard Riley: of course he would have heard that.

"criticism by Israel's allies forced HRW to change the wording to "is" a war crime"

This is really weak, and is part of the same pattern of slander--the idea that HRW is an organization constantly weighing the political costs and consequences of everything it does, such that it changes its reports because of pressure from this or that government. Researchers from HRW face the ire of dictators and thugs around the world everyday. They certainly face down a lot more pressure than some right wing media in the U.S. brought to bear.

I doubt Dershowitz (who, somewhat like OJ, is on a quest to form a new human rights organization to focus on the 'real' human rights abusers) reads HRW's weekly briefings, but the vast majority of them are not about Israel. The vast majority of HRW reports on the Middle East are not about Israel. Anti-semitic tirades disguised as research I would imagine are made of sterner stuff.

People can legitimately disagree with emphasis in reporting of human rights abuses--e.g. whether the magnitude of the harm done or the degree of ill intent by governments is more important. But anyone who disagrees with particular decisions of HRW on those grounds should want to stay a mile away from the frankly fraudulent, destructive criticisms of Dershowitz and Foxman. These people are attempting to destroy the credibility of the preeminent human rights organization in the world simply to cover for Israel.

I mean, do we sit around discussing how al-Qaeda is violating international law and committing crimes against humanity?

Yes.

Comparing the Israeli/Palestinian death totals, or the Israeli/Lebanese ones a pretty clear picture emerges.

I am not going to defend disproportionate Israeli violence against Palestinian and Lebanese civilians. But let's just note that if you compare the number of civilians killed by cops to the number of cops killed by civilians, a pretty clear picture emerges, too. Does this mean that cops are oppressors and civilian killings of cops are justified? No. Police are legitimately constituted governmental authorities; they retain a monopoly on the legitimate use of violence even if their kill ratio is ten to one. Legitimacy in the use of violence does not stem from the balance of casualties.

Meanwhile, HRW says Hussein's trial wasn't fair. Imagine the level of vitriol they're going to get now.

Meanwhile, HRW says Hussein's trial wasn't fair. Imagine the level of vitriol they're going to get now.

Even if one thinks the right result was reached, is there any real doubt that the trial was a farce? The judges could have been actual kangaroos and it wouldn't have been as much of a sham.

Even if one thinks the right result was reached, is there any real doubt that the trial was a farce?

Yes, there is real doubt:

THE STRUGGLE FOR IRAQ; Hussein Trial Was Flawed but Reasonably Fair, and Verdict Was Justified, Legal Experts Say

Pesky "legal experts" seem to dispute you.

Al, linking to Times Delete is cheating. And even the headline says what everyone knows: he was guilty as hell but the trial sucked.

I know, I know. But I subscribe!

Here's some text:

Lawyers and human rights advocates broadly agreed that the Iraqi tribunal's proceedings frequently fell short of international standards for war crimes cases. But even critics of the trial said the five Iraqi judges who heard the case had made a reasonable effort to conduct a fair trial in the face of sustained pressure from Iraqi political leaders for a swift death sentence. ... Miranda Sissons, a senior associate at the International Center for Transitional Justice, a group that has severely criticized some of the trial proceedings, said, ''This was not a sham trial,'' and added, ''The judges are doing their best to try this case to an entirely new standard for Iraq.''

Moreover, those "international standards" you are touting are just as likely to cause a trial to be a farce. Just look at the absolute debacle that Slobodon Milosevic's trial was. Hussain's trial was far, far more just than what the international community put together for Milosevic.

And, in any case, translating "reasonably fair" into "sucked" seems to me to be a stretch.

Well the fact that he was guilty as sin, and everyone knew it, probably gives a little more wiggle room for "reasonable fairness" then would have been the case if there was, you know, any actual doubt.

I call shenanigans on this, however:

the five Iraqi judges who heard the case had made a reasonable effort to conduct a fair trial in the face of sustained pressure from Iraqi political leaders for a swift death sentence
That is precisely why we have procedural rules - saying that we almost followed them because it was too hard strikes me as special pleading...

Again, this isn't an issue I'm going to make a big stink about, because he did it. But let's not pretend that this was a victory for truth, justice, and the Iraqi way.

brooksfoe:

You just did defend "disproportionate Israeli violence against Palestinian or Lebanese civilians", or, at least restated a defense of it. This phrase "legitimacy of violence" echoes a phrase that's become part of the sickening zeitgeist -- "monopoly on violence" -- which now seems to be our political class's definition of what a state's primary function is.

You're arguing that "legitimacy in the use of violence" in the international arena comes from being powerful enough to invade and occupy other countries.

Can we start a pool on how long until the ADL denounces Yglesias?

When Hizbullah uses civilian areas to operate against Israel, the IDF has obligation to hit those areas hard untill the threat is neutralized.

It's that simple.

Um, no.

Shorter Ron Logic: since Israel has conscription, all civilians are targets. And since all Jews have the right to become Israeli citizens, all Jews are targets.

It's HUMAN rights. Israelis don't own the patent on the term. Israelis acts of terrorism FAR OUTWEIGH those of Lebanon and Palestine COMBINED several hundred times over. In numbers of those that they have killed, in their use of segregation, their theft of lands, their blockading supplies, food, medical services etc. The list goes on and on. Dershowitz, Foxman, and Peretz want to ignore every Human right that the IDF has violated and focus only on their enemies. They want to deny human rights to Palestinians and Lebanese civilians. Their racism has blinded them to the truth. Any action that violates Human rights is fair game to be reported. If Dershowitz doesn't like the fact that Israel commit more terrorist activities than Hamas and Hezbollah, perhaps he should try to quell the violent actions instead of whitewash them.

I've read Bell's attack on HRW (http://ngo-monitor.org/archives/infofile/hrw_avibell_text_230706.html] and many of Neier's criticism's distort, or exclude, what Bell was actually saying.
Example: the section cited above about genocide which Neier dismisses as outside HRW's focus ignores the reason Bell raised genocide. It was not to complain that HRW didn't charge Hezbollah with genicide but because "Each incident in which Jews are killed by Hezbollah is therefore an act of genocide, which countries like Lebanon and Israel (as signatories to the Convention) are legally required to punish and prevent. HRW makes no mention of the parties' legal duties under the Convention." Now, one can easily disagree with Bell's reasoning but at least disagree with him honestly, for what he said, not for something he didn't.

As for HRW and Roth, there is no doubt that they have gotten facts wrong by rushing to judgment against Israel in such a way that indicates a predisposition to view the Israeli government as immoral (or perhaps amoral). Nor can there be much doubt that they are more critical fo Israel than of Hezbollah.

As a particularly startling example, how on earth can Roth claim with a straight face that "Human Rights Watch found no cases in which Hezbollah deliberately used civilians as shields to protect them from retaliatory IDF attack?" Hezbollah boasted of such a strategy and there was ample evidence that rockets were fired from civilian areas and that civilian areas were used as ammo dumps.

I am not trying to say that Israel is blameless. Don't try to claim that HRW is unbiased. That is not to say they are anti-semitic. The reality is that they have a vested motive for finding war crimes and a built-in bias against governments.

If I make the following two statements together:

1. The Palestinians should not be allowed to eradicate jews.
2. The jews should not be allowed to eradicate Palestinians.

In the mind of any reasonable person, they are equally valid statements. In the warped minds of AIPAC and the ADL, I am a jew-hater.

There may come a day, when US influence is waning and they can't protect Israel, or once the Israeli government commits a crime so heinous that no one will defend them, that anti-Israeli (NOT anti-jewish) sentiment will grow so strong that no one will come to their aid (eg. using a nuclear weapon on Iran).

If that happens, Israel will have no one to blame but itself. Israel could choose to be a good neighbor in the world community and their actions will be forgiven, but it will not yield to common sense; the idiotic notion of "god's chosen people" is leading them to their own destuction.

Israel has a right to exist; it does not have a right to commit war crimes. Either the country must start to reign itself in or somebody else will reign over them.

"The reality is that they have a vested motive for finding war crimes and a built-in bias against governments."
ski

Uhm.. The "bias" only tends to crop up when bolstered by the overwhelming evidence concerning such countries.

And yes- their MOTIVE IS Discovering/Revealing WAR CRIMES. Do you really have a problem with that? Can anyone here seriously refute HRW findings against Israel? Or can they only point at Hamas and Hezbollah and say- "Not FAIR! They are AS BAD AS US!"

It has been said that if you can't defend using 'evidence', use 'equivalence'. Both sides have pointed to what the other side is doing, but Israel ignores the international law that says invaded people have a right to resist. Israel most often claims their aggresion is merely a response to violence, but it was they who disposessed an indigenous people from their land and continue to brutalize them.

Regarding Hezbollah and Israel, even there are extenuating circumstances of Hezbollah's capture of IDF as tit-for-tat. Furthermore, if the capture of citizens on their own sovereign territory allows for the onslaught Israel unleashed on Lebanon, than the surrounding countries must all ready have a green light for action against Israel, no? The same goes for Israel's disregard for Lebanon's air space. Does anyone think an IAF general would keep his/her job if Lebanese planes committed a fraction of the incursions Israel does with its neighbors?

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Comments closed December 04, 2006.

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