III 

112TH CONGRESS 

1ST SESSION S. RES. 138 

Calling on the United Nations to rescind the Goldstone report, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 8, 2011 

Mrs. GILLIBRAND (for herself, Mr. RISCH, Mr. CRAPO, Mr. BLUNT, Ms. COLLINS, Mr. CARDIN, Mr. BAUCUS, Mr. MORAN, Mr. BLUMENTHAL, Mr. 

NELSON of Florida, Mr. CASEY, Mr. RUBIO, Mr. BROWN of Massachusetts, Mr. KIRK, Ms. MIKULSKI, Mr. MENENDEZ, Mr. WYDEN, Mr. 

SCHUMER, Mr. HATCH, Mr. DEMINT, Mr. NELSON of Nebraska, Mr. 

JOHANNS, Mr. REED, Ms. AYOTTE, Mr. VITTER, Mr. CORNYN, Mr. LEE, 

Mr. INHOFE, Mr. LAUTENBERG, Mr. WHITEHOUSE, Mr. FRANKEN, Mr. 

BOOZMAN, Ms. KLOBUCHAR, and Mr. LEVIN) submitted the following 

resolution; which was referred to the Committee on Foreign Relations 

APRIL 14, 2011 

Committee discharged; considered and agreed to 

RESOLUTION 

Calling on the United Nations to rescind the Goldstone 

report, and for other purposes. 

Whereas, on January 12, 2009, the United Nations Human 

Rights Council passed Resolution S–9/1, authorizing a 

‘‘fact-finding mission’’ regarding the conduct of the Government of Israel during Operation Cast Lead between 

December 27, 2008, and January 18, 2009; 

Whereas that resolution prejudged the outcome of the fact 

finding mission by mandating that it investigate ‘‘violaVerDate Mar 15 2010 00:33 Apr 15, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SR138.ATS SR138

tjames on DSKG8SOYB1PROD with BILLS
2 

SRES 138 ATS 

tions of international human rights law and international 

humanitarian law by the occupying power, Israel, against 

the Palestinian people’’; 

Whereas, on September 15, 2009, the ‘‘United Nations Fact 

Finding Mission on the Gaza Conflict’’ released its report, now known as the ‘‘Goldstone report’’, named for 

its chair, South African Jurist Richard Goldstone; 

Whereas the report made numerous unsubstantiated assertions against Israel, in particular accusing the Government of Israel of committing war crimes by deliberately 

targeting civilians during its operations in Gaza; 

Whereas the report downplayed the overwhelming evidence 

that Hamas deliberately used Palestinian civilians and civilian institutions as human shields against Israel and deliberately targeted Israeli civilians with rocket fire for 

over eight years prior to the operation; 

Whereas the United Nations Human Rights Council voted to 

welcome the report, to endorse its recommendations, and 

to condemn Israel without mentioning Hamas; 

Whereas, as a result of the report, the United Nations General Assembly has passed two resolutions endorsing the 

report’s findings, the United Nations Secretary-General 

has been requested to submit several reports on implementation of its recommendations, and the Human 

Rights Council is scheduled to follow up on implementation of the report during future sessions; 

Whereas the findings of the Goldstone report and the subsequent and continued United Nations member state actions following up on those findings have caused and continue to cause extensive harm to Israel’s standing in the 


tjames on DSKG8SOYB1PROD with BILLS
3 

SRES 138 ATS 

world and could potentially create legal problems for 

Israel and its leaders; 

Whereas Justice Richard Goldstone publicly retracted the 

central claims of the report he authored in an op-ed in 

The Washington Post on April 2, 2011; 

Whereas Justice Goldstone wrote in that article that if he 

‘‘had known then what I know now, the Goldstone Report 

would have been a different document’’; 

Whereas Justice Goldstone concluded that, contrary to his report’s findings, the Government of Israel did not intentionally target civilians in the Gaza Strip as a matter of 

policy; 

Whereas, in contrast, Justice Goldstone states that the 

crimes committed by Hamas were clearly intentional, 

were targeted at civilians, and constitute a violation of 

international law; 

Whereas Justice Goldstone also conceded that the number of 

civilian casualties in Gaza was far smaller than the report alleged; 

Whereas Justice Goldstone admitted that Israel investigated 

the findings in the report, while expressing disappointment that Hamas has not taken any steps to look into 

the report’s findings; and 

Whereas Justice Goldstone concluded that ‘‘Israel, like any 

other sovereign nation, has the right and obligation to defend itself and its citizens’’: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) calls on the United Nations Human Rights 

3 Council members to reflect the author’s repudiation 

4 of the Goldstone report’s central findings, rescind 


tjames on DSKG8SOYB1PROD with BILLS
4 

SRES 138 ATS 

1 the report, and reconsider further Council actions 

2 with respect to the report’s findings; 

3 (2) urges United Nations Secretary-General 

4 Ban Ki Moon to work with United Nations member 

5 states to reform the United Nations Human Rights 

6 Council so that it no longer unfairly, disproportion7 ately, and falsely criticizes Israel on a regular basis; 

8 (3) requests Secretary-General Ban Ki Moon to 

9 do all in his power to redress the damage to Israel’s 

10 reputation caused by the Goldstone report; 

11 (4) asks the Secretary-General to do all he can 

12 to urge member states to prevent any further United 

13 Nations action on the report’s findings; and 

14 (5) urges the United States to take a leadership 

15 role in getting the United Nations and its bodies to 

16 prevent any further action on the report’s findings 

17 and limit the damage that this libelous report has 

18 caused to our close ally Israel and to the reputation 

19 of the United Nations. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS