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N O R M A N G . F I N K E L S T E I N T his finely honed indictment by a writer widely acknowledged for his forensic skills is directed NORMAN G. “I would say that [Finkelstein’s] place in the whole at Fatou Bensouda, the Chief FINKELSTEIN history of writing history is assured, and that those F Prosecutor of the International received his doctorate who in the end are proven right triumph, and he will I Criminal Court. It sets out how she N from the Princeton be among those who will have triumphed, albeit, it so defiled her office by refusing to K University Department seems, at great cost.” investigate credible allegations of E Israeli criminality. of Politics and has L —RAUL HILBERG, author of The Destruction of the S taught for many years. European Jews On 31 May 2010, Israeli forces T His books have been PRAISE FOR FINKELSTEIN’S BOOK, GAZA: AN INQUEST E attacked a humanitarian flotilla translated into more than INTO ITS MARTYRDOM I bound for Gaza. Nine passengers N on the flotilla’s flagship, the Mavi fifty foreign editions. He “Norman Finkelstein, probably the most serious Marmara, were killed (a tenth died is a frequent lecturer scholar on the conflict in the Middle East, has written later from his injuries). Scores of and commentator on the people were injured, and others an excellent book on Israel’s invasions of Gaza. Its Israel-Palestine conflict. suffered physical abuse. comprehensive examination of both the facts and the law of these assaults provides the most authoritative account When the Israeli attack was referred to the ICC, the Chief of this brutal history.” I Prosecutor ruled that the incident —JOHN DUGARD, Professor Emeritus, Leiden University, was not of sufficient gravity to former Special Rapporteur to the UN Human Rights A warrant an official investigation. Council on Human Rights in the Occupied Palestinian C Bensouda could reach this Territory and member of the International Law Commission conclusion only by grossly C “In its comprehensive sweep, deep probing and acute misrepresenting the facts of the U critical analysis, Finkelstein’s study stands alone.” case and removing the assault S from its context—the illegal Israeli —NOAM CHOMSKY, Institute Professor Emeritus at the blockade and the humanitarian Massachusetts Institute of Technology E catastrophe in Gaza. ! Though she has declared the case closed, an unprecedented I ACCUSE! pushback from within the ICC has forced the Chief Prosecutor to revisit it. If justice is to prevail, Finkelstein insists, Bensouda must ISBN 9781682192276 90000 > either investigate alleged Israeli H E R E W I T H A P R O O F B E Y O N D R E A S O N A B L E D O U B T crimes or resign. OR Books T H AT I C C C H I E F P R O S E C U T O R FAT O U B E N S O U D A www.orbooks.com 9 781682 192276 W H I T E WA S H E D I S R A E L Cover design by Cristiana Radu PRAISE FOR FINKELSTEIN’S BOOK, GAZA: AN INQUEST INTO ITS MARTYRDOM “In its comprehensive sweep, deep probing and acute critical analysis, Finkelstein’s study stands alone.” —NOAM CHOMSKY, Institute Professor Emeritus at the Massachusetts Institute of Technology “Norman Finkelstein, probably the most serious scholar on the conflict in the Middle East, has written an excellent book on Israel’s invasions of Gaza. Its comprehensive examination of both the facts and the law of these assaults provides the most authoritative account of this brutal history.” —JOHN DUGARD, Professor Emeritus, Leiden University, former Special Rapporteur to the UN Human Rights Council on Human Rights in the Occupied Palestinian Territory and member of the International Law Commission T his finely honed indictment by a writer widely acknowledged for his forensic skills is directed at Fatou Bensouda, the Chief Prosecutor of the International Criminal Court. It sets out how she defiled her office by refusing to investigate credible allegations of Israeli criminality. On 31 May 2010, Israeli forces attacked a humanitarian flotilla bound for Gaza. Nine passengers on the flotilla’s flagship, the Mavi Marmara, were killed (a tenth died later from his injuries). Scores of people were injured, and others suffered physical abuse. When the Israeli attack was referred to the ICC, the Chief Prosecutor ruled that the incident was not of sufficient gravity to warrant an official investigation. Bensouda could reach this conclusion only by grossly misrepresenting the facts of the case and removing the assault from its context—the illegal Israeli blockade and the humanitarian catastrophe in Gaza. Though she declared the case closed, an unprecedented pushback from within the ICC has forced the Chief Prosecutor to revisit it. If justice is to prevail, Finkelstein insists, Bensouda must either investigate alleged Israeli crimes or resign. NORMAN G. FINKELSTEIN received his doctorate from the Princeton University Department of Politics and has taught for many years. His books have been translated into more than fifty foreign editions. He is a frequent lecturer and commentator on the Israel-Palestine conflict. OR Books www.orbooks.com Cover design by Cristiana Radu I ACCUSE! Also by Norman G. Finkelstein Image and Reality of the Israel-Palestine Conflict A Nation on Trial: The Goldhagen Thesis and Historical Truth (with Ruth Bettina Birn) The Holocaust Industry: Reflections on the Exploitation of Jewish Suffering Beyond Chutzpah: On the Misuse of Anti-Semitism and the Abuse of History What Gandhi Says: About Nonviolence, Resistance and Courage Knowing Too Much: Why the American Jewish Romance with Israel Is Coming to an End Gaza: An Inquest into its Martyrdom I ACCUSE! Herewith a Proof beyond Reasonable Doubt That ICC Chief Prosecutor Fatou Bensouda Whitewashed Israel NORMAN G. FINKELSTEIN OR Books New York • London Every effort has been made to contact all copyright holders. The publisher will be pleased to amend in future editions any errors or omissions brought to their attention. All rights information: [email protected] Visit our website at www.orbooks.com First printing 2020 © 2020 Norman G. Finkelstein Published by OR Books, New York and London All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage retrieval system, without permission in writing from the publisher, except brief passages for review purposes. Library of Congress Cataloging-in-Publication Data: A catalog record for this book is available from the Library of Congress. Typeset by Lapiz Digital. Printed by Bookmobile, USA, and CPI, UK. paperback ISBN 978-1-68219-227-6 • ebook ISBN 978-1-68219-228-3 Men are not more zealous for truth than they often are for error…. The real advantage which truth has consists in this, that when an opinion is true, it may be extinguished once, twice, or many times, but in the course of ages there will generally be found persons to rediscover it, until some one of its reappearances falls on a time when from favorable circumstances it escapes persecution until it has made such head as to withstand all subsequent attempts to suppress it. john stuart mill CONTENTS Acknowledgments ix Preface xi CRIME AND NO PUNISHMENT: THE FLOTILLA INCIDENT 1 Document Key 3 Part A: Preliminary Observations 7 Part B: Blaming the Victim 25 Part C: Sufficient Gravity 61 Conclusion 85 APPENDIX: ARE ISRAELI INVESTIGATIONS CREDIBLE? 89 Postscript 197
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