Dear Judge Golding,

Thank you for your open response to my part 1 memorandum. I
appreciate it and thank you for agreeing to my request that all
material submitted to the Mission be archived on the web and be
available to the public, including of course the memorandum from the
Australian lawyers.

However, I have difficulty in understanding your explanation for not
inviting Colonel Kemp to give evidence and in particular your
statement that you did not deal with the issues he raised regarding
the problems of conducting military operations in civilian areas. Is
that not precisely what the Mission was dealing with? Had he been
invited he could have been asked questions about every military
aspect, not just those mentioned in his public appearances.

In view of Colonel Kemp's special expertise I would venture
that your decision to ignore him is in the same unfortunate and
mistaken category as the Israel government's decision not to
cooperate with your mission.

I suggested in part 2 of my response to the report, that the report
should be recalled so as to correct some major deficiencies and if
this does occur, I hope that evidence by colonel Kemp will be incorporated.

Sincerely
Maurice Ostroff




From: "rjgoldstone...
To: "maurice@..." <maurice@...>
Date: Mon, 21 Sep 2009 22:34:49 +0200
Subject: RE: Shana Tova

..I have been under huge pressure with regard not only to the report
but my teaching and other commitments. I am not in a position to
respond in detail to the many e-mails I have been receiving. I would
say, however that I will make inquries and support all the
submissions to the Fact Finding Mission being accessible on the web.
I would also mention that there was no reliance on Col. Kemp mainly
because in our Report we did not deal with the issues he raised
regarding the problems of conducting military operations in civilian
areas and second-guessing decisions made by soldiers and their
commanding officers "in the fog of war". We avoided having to do so
in the incidents we decided to investigate.
Warm regards,
Richard Goldstone