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Israel Isn’t Violating International Law; Hezbollah Is Putting Civilians at Risk
A PBS Newshour report on October 22 about the fighting between Israel and Hezbollah incorrectly claimed that Israel’s “attacking medical workers and striking health care facilities are war crimes.” But this is not an accurate statement of international law, nor would anyone with an understanding of how law works claim it to be so. Both the Geneva Conventions and Customary International Humanitarian law provide that medical facilities lose their protected status when they are used for military purposes.
The International Committee of the Red Cross’s customary international humanitarian law database, Rule 28, states, “Medical units exclusively assigned to medical purposes must be respected and protected in all circumstances. They lose their protection if they are being used, outside their humanitarian function, to commit acts harmful to the enemy.” (Emphasis added.)
And Article 21 of the Geneva Conventions states, “The protection to which fixed establishments and mobile medical units of the Medical Service are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after a due warning has been given, naming, in all appropriate cases, a reasonable time limit and after such warning has remained unheeded.” (Emphasis added.)
Even a previous PBS report has acknowledged that, according to the International Committee of the Red Cross, “hospitals can lose their protections if combatants use them to hide fighters or store weapons.”
This has to be the case, otherwise it would incentivize warring parties to turn their hospitals into military bases, and provide a mechanism for those parties to attack others with impunity. And, indeed, for these reasons, US forces or US-backed forces attacked hospitals in Iraq on at least four occasions. Despite this, PBS’ Geoff Bennett introduced the segment by Leila Molana-Allen with the unqualified assertion that “Israeli airstrikes around Beirut have increasingly targeted health care facilities and health care workers,” and Molana-Allen failed to qualify her description of international law, creating a false impression of Israeli actions in Lebanon.
Further, within the report, Molana-Allen says, “and now, hospitals as well as homes are under attack. Yesterday Israel’s authorities said they believed a Hezbollah cash trove sat under Beirut’s El Sahel hospital, but said they wouldn’t strike it. Instead, they hit a different one. Just before midnight, an airstrike was launched on the entrance of Beirut’s Rafik Hariri hospital, flattening four buildings in front of it….” (Emphasis added.)
But as multiple news sources made clear, the hospital itself was not the target of the attack, and in fact, it wasn’t even hit — though it seems to have suffered collateral damage from the blast. The BBC reported “the Israeli military said it hit a ‘Hezbollah terrorist target,’” and that the buildings that were hit were about 160 feet from the hospital. Even The New York Times reported that the strike was on “residential buildings across from,” the hospital.
But it appears as though Molana-Allen is trying to make it seem like the hospital itself was struck, when she says, “this is the capital’s main specialist public hospital, where children injured in the bombings are receiving surgery. Rescuers dug for hours through the mangled carcass of concrete and iron searching for survivors.”
One interview subject, a Lebanese medic, is quoted saying, “they [the IDF] don’t differentiate at all between military personnel, civilians, or paramedics. Anyone trying to do their duty is at risk.” Yet, the speaker has no way to know what the military objectives of any particular strike are.
The segment also featured a video clip of what Molana-Allen claims is, “an 11-story apartment block leveled in less than a second. Dozens of homes and lives demolished.” But, though she does note that residents were warned to flee, she makes no effort to explain why the building was a target. In fact, the IDF press office has confirmed to CAMERA that the building was part of Hezbollah’s infrastructure.
The IDF has said for years that “Hezbollah militants and arms are systematically embedded in civilian areas and urban population centers.”
And on October 16, US State Department spokesperson Matthew Miller acknowledged, “We understand that Hezbollah does operate at times from underneath civilian homes, inside civilian homes. We’ve seen footage that has emerged over the course of the past two weeks of rockets and other military weapons held in civilian homes.”
Of course it is tragic when civilian homes or medical facilities are caught up in fighting, and even more so when civilians lose their lives, but Hezbollah, like Hamas, has embedded itself within the civilian population. Any blame for such death and destruction must be properly laid at the feet of those who store weapons in residences, and who forced the opening of this front in the war with 11 months of rocket attacks on northern Israel that displaced tens of thousands of Israelis from their homes, including the July 27 attack that killed 12 Israeli Druze teenagers.
Neither the slain Israeli children nor the many displaced Israeli civilians were mentioned in this report. At fault as well is UNIFIL, which failed in its mission to protect both Israeli and Lebanese civilians by restraining Hezbollah, yet which also isn’t even mentioned in Molana-Allen’s report.
Karen Bekker is the Assistant Director in the Media Response Team at CAMERA, the Committee for Accuracy in Middle East Reporting and Analysis, where a version of this article first appeared.
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Letter from Jasper: This hanukkiah miraculously survived Alberta’s summer wildfire
Warren Waxer has lived in Jasper, Alta., since 1980. His home, along with 358 others, was destroyed in the wildfire that roared through the town from July 22-24, 2024. Very little survived the intense flames—even his car keys were found melted in the rubble, he told The CJN. But as professional crews scoured the razed house, he writes, they uncovered one treasured object.
Three weeks after the wildfire that swept through Jasper National Park and the townsite, Team Rubicon arrived and got to work. Team Rubicon is a humanitarian group, led by military veterans, that helps clean up after disasters. Wearing hazmat suits and breathing masks, this group safely sifts through the ash and debris—the remains of people’s homes and businesses.
Other than the charred hulks of the furnace, fridge and stove, we couldn’t see much that could be salvaged, and we weren’t far wrong. When you see a couple of shiny metal parallel stripes on the grass where your aluminum ladder once was, you can’t be too hopeful.
Each item or partial item that the team recovered would be scrubbed of possible contaminants and was then presented us, the homeowners. We were handed a 35mm camera with the glass lens dripping out the front, shattered bits of marble sculpture, singed bits of pottery, and… wait, what’s that?
Our Hanukkah menorah!
A little worse for wear, listing backwards, missing a couple of nights and the shamash holder, but there it was, proud and defiant. From a fire that destroyed anything made of soft metal, somehow, this menorah lived to celebrate another Hanukkah.
It had been a bad month realizing that treasured memorabilia and family keepsakes were most likely gone. Looking at the basement that was now filled knee-deep with ash and the charred remains of a two-storey house, it was hard to be optimistic. The fact that the menorah survived has boosted our spirits considerably. It has also boosted the status of this menorah from perfectly serviceable (albeit unremarkable) to treasured family heirloom. Not bad for a small-town menorah.
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Mural of Holocaust Survivors in Italy Completely Painted Over in Antisemitic Vandalism
A mural in Milan, Italy, that depicts two Holocaust survivors was recently painted over by vandals, who defaced the artwork last month as well.
The mural, located in Milan’s Piazzale Loreto, was painted by renowned Italian contemporary pop artist and activist aleXsandro Palombo and unveiled on Sept. 28. It shows Italian Senate member for life Liliana Segre and Italian author Sami Modiano, two survivors of the Auschwitz-Birkenau concentration camp during the Holocaust. They are dressed in a striped uniform, worn by concentration camp inmates, underneath bulletproof jackets with yellow Stars of David badges that have the word “Jude” in the center. The badges resemble the ones Jews were forced to wear by the Nazis during World War II. The mural is titled “Anti-Semitism, History Repeating.”
Palombo shared on Dec. 2 that vandals painted over the entire mural with white paint, erasing it completely. He said in a released statement that he felt “profoundly embarrassed” by the vandalism. He described it as “an offense after the offense” and “the best way to hide antisemitism at a time when antisemitism is spreading and someone has also decided to deny honorary citizenship to a woman who survived the Holocaust.”
Palombo was referring to Pinero, a small town near Turin in Italy that recently rejected efforts to grant honorary citizenship to Segre. A public educator on the topic of the Holocaust, Italy’s President Sergio Mattarella named Segre a senator for life in 2018. This past November, the City Council of Pinero rejected a motion to confer honorary citizenship to Segre as a symbol in the fight against antisemitism. The move sparked controversy, especially in light of the fact that it took place not long after Pinero Mayor Luca Salvai displayed a Palestinian flag on the balcony of the town hall.
Palombo’s mural of Segre and Modiano was previously vandalized on Nov. 11. The yellow Stars of David and the faces of the Holocaust survivors were scraped off.
Ignazio La Russa, president of the Senate in Italy, denounced the mural’s most recent vandalism in an Italian-language post on X. “A coat of white paint applied by some idiot can erase a mural but not the memory,” he wrote. “In firmly condemning a vile act, we reiterate our strong no to anti-Semitism and extend our sincere solidarity to Senator Liliana Segre and Sami Modiano.”
Italy’s Holocaust memorial museum, the Fondazione Museo della Shoah, said, “These acts not only harm art, but undermine the value of memory, which is fundamental for building a conscious and just society.”
In October, a mural by Palombo that showcased Vlada Patapov — a survivor of the Nova music festival massacre that took place during the Hamas-led terrorist attack in Israel on Oct. 7 last year — was also defaced by vandals.
In November 2023, a month after the start of the Israel-Hamas war, Palombo painted a mural that featured Holocaust victim and teenage diarist Anne Frank next to a girl from the Gaza Strip. At the time, he made a second mural of a boy from Gaza dressed as a Hamas terrorist. The boy is depicted standing next to an adult terrorist and together they point their guns at a young Jewish boy from the Warsaw Ghetto during the Holocaust.
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Montreal’s mayor and police must take a stronger stance on anti-Israel protests, say local politicians
Montreal police (SPVM) are failing to use Criminal Code provisions and municipal bylaws to address unlawful and hate-related activities in the city on a regular basis, and a stronger tone needs to be set, say a trio of Montreal-area politicians.
Writing to Mayor Valérie Plante on Dec. 18, Mount Royal MP Anthony Housefather, along with Côte Saint-Luc Mayor Mitchell Brownstein and Westmount Mayor Christina Smith, expressed “deep concern” about the SPVM’s failure to address unlawful assembly, incitement to hatred, mischief, disturbing religious worship and intimidation, while preferring de-escalation in most cases.
Acknowledging civilian police oversight cannot direct daily operations or how cases are handled, the group wrote, “We can address deficiencies in policy and strategic guidance that have emboldened hate activists to regularly violate the law, without consequence.” The three signatories want to see policy direction to ensure zero tolerance for antisemitic crime and activity in Montreal, and “police robustly use the criminal law tools and municipal bylaws available to them to protect the public.”
They cite damage at Concordia University on Nov. 21 and Palais des congrès on Nov. 22 as a result of violent protesters; intimidation by demonstrators outside Shaar Hashomayim synagogue on Nov. 5, despite a court injunction; and activities in Westmount involving clear violations of municipal bylaws, among other instances. “The approach taken by SPVM appeared to be rooted, at least in part, in the desire to de-escalate, and thereby reduce violence,” which they say is a commendable goal—but add the current approach is flawed.
“Over-reliance” on non-enforcement to de-escalate has emboldened protesters and demonstrators to engage in intimidating, violent acts and unequivocal hate speech, they say, which police fail to recognize at protests, demonstrations and riots. “This hate speech promotes fear, emotional trauma and psychological harm on targeted community members, affecting the community’s perceived safety. It normalizes hatred, creating a culture that marginalizes those affected and makes future discrimination, hate crimes and general violence more likely.”
They contend the SPVM approach undervalues and undermines the rationale of criminalizing wilful promotion of hatred and betrays a lack of understanding of the full range of tools available to police. If the goal is to de-escalate and reduce violence, “the goal is not succeeding. Montreal, more than any other city in our country, is witnessing protests that are not peaceful, as hatemongers believe they can act with impunity, with few if any consequences.”
The City of Montreal & its police force need to improve the way they police demonstrations. Following meetings with Mayor Plante & police, Mayors @mbrownsteincsl & @smithwestmount & I have written to Mayor Plante to explain what needs to change & how to do it. pic.twitter.com/poo83sOeAR
— Anthony Housefather (@AHousefather) December 19, 2024
While Housefather, Brownstein and Smith took pains to praise officers on the ground and efforts to protect Jewish institutions since October 2023, they contend the SPVM is also undermining constitutional rights of those victimized.
They reminded Plante about Rabbi Adam Scheier, who was ordered by police to leave a Montreal street corner as a pro-Palestinian demonstration passed to avoid inciting the crowd, “in the misguided belief that intimidation is best addressed by capitulating to those who might hate a man wearing a kippah.” A few weeks earlier, Rabbi Scheier and attendees were advised by police to leave their synagogue through the back door to avoid an illegal demonstration.
They want the agglomeration (which governs shared municipal services like the SPVM but is effectively controlled by the City of Montreal) to have police use existing provisions to address unlawful activities associated with anti-Israel protests; conduct specialized training on hate crime investigations (repeating a request to call on Toronto attorney Mark Sandler to train police in hate crime investigations); implement zero-tolerance for antisemitism and other forms of hate; and ensure robust enforcement of all relevant laws.
The letter details how Criminal Code provisions may be applied but are ignored, for example, participating in unlawful assemblies and wearing masks or disguising oneself pursuant to section 66. Incitement to hatred, mischief, disturbing religious worship, counselling terrorist activity, and intimidation have all been duly recorded and witnessed multiple times over the last year by Montrealers, Jews and non-Jews alike, yet the SPVM, they write, continues to look the other way, preferring maintaining peace over enforcing order.
Missing from the Montreal police toolkit, they contend, is understanding the significance of protesters’ language and symbols, which requires expertise, noting some protest activities “speak powerfully to wilful promotion of hatred and incitement to hatred,” including glorification of terrorist symbols, slogans, and activities, praise for Oct. 7 architect and deceased Hamas leader Yahya Sinwar.
The letter was copied to SPVM Chief Fady Dagher, Chief Inspector Mohamed Bouhdid, and other elected officials, along with Deborah Lyons, the federal special envoy on preserving Holocaust remembrance and combatting antisemitism. It was delivered the same day as an appeal from the United Against Hate Canada (UAHC) advocacy group, urging all suburban mayors to address the issue.
Montreal has become the epicentre of antisemitism in Canada, says UAHC director general and former Montreal city councillor Marvin Rotrand, citing SPVM numbers indicating 238 reported hate crimes and incidents targeting Jewish communities since Oct.7, 2023. The Dec. 18 Beth Tikvah synagogue firebombing is the latest in a “growing list of violent incidents against Jews and Jewish institutions in Montreal.”
The SPVM says there have been 42 arrests in connection with anti-Israel demonstrations and antisemitic incidents in the city since October 2023, but refused to divulge any information about the cases, many of which, The CJN has learned, have not yet been turned over to Quebec prosecutors.
There have been few arrests or charges in Montreal in contrast to elsewhere in Canada, says Rotrand, who concurs with Côte Saint-Luc’s Brownstein, who recently charged that the tone is set by Montreal’s mayor, who has regularly expressed concerns that the free speech rights of protesters at hateful rallies targeting Israel need to be prioritized.
The Plante administration has been under a barrage of criticism over the last year for everything from anti-racism commissioner Bochra Manaï attending the rally where Adil Charkaoui called for God to slay all Zionists, to the administration’s condemnations of Islamophobia in the same breath as every statement on antisemitism, and proclamations of Montreal as a “city of peace.”
The letter comes as the SPVM releases a collection of photos three weeks following the destructive anti-NATO riots in Montreal, seeking the public’s help identifying suspects. That suggests a sluggish response, say critics, and a product of the SPVM strategy arresting perpetrators after incidents to avoid intensifying situations, but also minimizing any immediate deterrence.
Last week, Brownstein posted a message to Plante, offering as example how south shore Longueuil police and Sûreté du Québec officers acted in swift and muscular fashion without incident to clear protesters in their respective jurisdictions. “We are at an inflection point in the history of the city of Montreal,” he said. “The world is watching the streets of Montreal and is horrified by what they see.”
Rotrand laid some blame with Plante’s close colleagues, particularly Côte des Neiges-Notre Dame de Grâce borough mayor Gracia Katahwa, who slammed an action plan to combat antisemitism that was penned by one MP, two MNAs and several municipal politicians in west-end Montreal.
Plante’s point-person on fighting racism objected to a recommendation to allow off-duty, armed police officers, or specially trained security guards who carry weapons as when transporting cash for private business, to be hired to secure Jewish schools and institutions targeted by hate crimes and violence. She derided the report as “American-style gun-centred solutions.” Rotrand also cited Manaï’s behaviour and city councillor Alex Norris’s public support for the boycott, diverstment and sanctions movement.
At agglo council Dec. 19, Smith demanded action as residents, including many seniors, are subjected to weekly demonstrations and often blocked from entering or leaving their homes for hours on end, and businesses cannot be accessed or are forced to close early. “We need to see clear and easy access to homes and businesses,” she said, asking Plante to meet with police “to make sure all the bylaws of the City of Westmount are respected.”
The response came from Norris, who said he understand that some of the 400 demonstrations “can disturb and create inconveniences, but above all the right to demonstrate is enshrined in the constitution and charters of Canada and Quebec—and the mission of the SPVM, our mission, is to ensure the security of everybody. That’s residents, businesses, demonstrators, everybody, and we will respect the independence and professionalism of the SPVM.”
Smith was unimpressed. “I understand all that; everybody understands that. But noise, activities—sometimes it’s after midnight and for these people, it has been 15 months like this.” Businesses that survived COVID, she said, must now close a few times a week. “We have bylaws for this. It’s simple.”
Plante agreed her concerns were valid. “Bylaws must be respected, and we’ve had this conversation,” she said, pledging to follow up. “We have to go further and look at among other things, night disturbances and people feeling safe. That’s absolutely essential.”
For his part, Brownstein explained to agglo council that Criminal Code prohibitions already exist against unlawful assemblies and mask-wearing during such events. “Are police aware?” he asked Plante, adding they may need reminding or expert training. Norris said the city will look at Brownstein’s recommendations, “but with respect of the autonomy and professionalism of the police to make sure there is no interference in operational affairs.” Brownstein lauded police in his city for the work they do but said it’s time for Montreal to adopt “zero tolerance…. It’s enough.” He said a stronger tone is required, as are more arrests.
Plante called it “odd for you to tell us to interfere and tell the police what to do. I understand the feelings many people have but we must not interfere with forces of law and order because it creates problems for our democracy…. You have the right to not like my answer…. Since the beginning of the terrorist attacks by Hamas and afterwards, what’s happened in Palestine and with 400 demonstrations, we know it’s difficult for the Jewish community, absolutely, and we denounce it every single time.”
She said she will look at recommendations. “I understand the insecurity, but we’re not going to tell police what to do. Don’t ask me to tell the police what to do. I will always refuse.”
While Plante is not seeking a third term, her party, Projet Montréal, will contest the 2025 election, and Côte-des-Neiges—Notre-Dame-de-Grâce Mayor Gracia Kasoki Katahwa has already declared her interest in a city mayoralty run. In an email last week, Rotrand told supporters that, while his group rarely takes overt political positions, “We are calling for the defeat of Projet Montréal. Its total lack of empathy for the Jewish community should be one of the prime reasons for its defeat.”
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