In the tragic aftermath of the raid by the Israeli Defense Forces of the Gaza Flotilla ship Mavi Marmara, many (including the United Nations and the Obama Administration) have called for an investigation into the incident. Whether one believes Israel to have been legitimately protecting its borders, that instead the incident was an unprovoked attack, or is not sure what occurred, a full, open and comprehensive investigation could be a positive step toward resolving contradictory accounts and discovering what truly occurred. In order for any investigation that is undertaken to be valid and useful, though, it must be trusted by all.
It should therefore not be done under the auspices of the United Nations, whose Security Council and Human Rights Council have already prejudged the incident by making statements blaming Israel alone for the acts leading to the flotilla deaths. Otherwise, this investigation will follow the lead of the U.N.’s flawed Goldstone Report on Israel's military action in Gaza, which had panel members who publicly condemned Israel before ever "investigating," and which all but ignored Hamas’ years of terrorism prior to the start of the action. The Goldstone Report’s procedural and substantive failures led to its being as contentious as the incidents it purported to investigate.
Instead, an investigation into the flotilla raid should follow the model of the U.S. commissions which investigated the Challenger disaster and are now exploring the BP oil rig explosion. First, it should be chaired by world leaders whose experience and intellect will be respected by all sides. Former President Clinton or retired U.S. Supreme Court Justices O’Connor, Stevens or Souter might be potential chairpeople, as could those of similar stature throughout the world. Other panel members should come from all sides of the conflict, and should have credentials that are both relevant and significant.
The commission’s investigation must begin with events well before the actual incident at sea. It should look at the history of the blockade, the current humanitarian and military situation in Israel and Gaza, the treatment of prior convoys, and the planning and provisioning of this flotilla, including its sponsors and their goals. It should examine the Israel Defense Force’s policies and orders concerning the raid. It must also obtain and review all photos, videos and other records of the flotilla before and during the incident, both professional and amateur, to determine whether some on the Mavi Marmara had planned (or even hoped) for violence, and what (if any) weapons the IDF used prior to boarding.
When the commission begins its work, all proceedings should be open to the world via live Internet streaming video. Witness and evidence requests should be published, as should the refusals of anyone who will not comply. All documents and unedited video and images should be put online as well, so that interested people will not have to depend on excerpts and YouTube clips to try to figure out what happened. The final report, published in multiple languages, should confine itself to facts, rather than passing judgment on potential legal questions, and its sources carefully noted and provided.
Such a commission could both help advance the cause of peace and international cooperation, and set the pattern for other commissions which (unfortunately) might be needed for future incidents. The alternative, depending on interested parties or the United Nations to perform their own investigations, would likely add to rather than reduce the confusion and distrust that permeate the Israeli/Palestinian dispute.
The dead and injured from the flotilla and the IDF, the others aboard the flotilla ships who truly wanted to aid their fellow humans, and the Israelis and Palestinians whose daily lives are so severely impacted by the conflict between their people, all deserve a proper understanding of what happened and why. Let us insure they receive it.