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Legally Blind: The New York Times’ Muddled View of Law of Armed Conflict
The New York Times newspaper. Photo: Wikimedia Commons.
In an investigative piece, “Israel Loosened Its Rules to Bomb Hamas Fighters, Killing Many More Civilians,” The New York Times reports that it found that “Israel severely weakened its system of safeguards meant to protect civilians; adopted flawed methods to find targets and assess the risk of civilian casualties; routinely failed to conduct post-strike reviews of civilian harm or punish officers for wrongdoing; and ignored warnings from within its own ranks and from senior U.S. military officials about these failings.”
The New York Times summed up its findings in a separate article, “Eight Takeaways: How Israel Weakened Civilian Protections When Bombing Hamas Fighters.” While there was actual acknowledgment that Jerusalem has complied with international laws of armed conflict, the Times reverted to type, revealing that their recent investigation found that Israel had “…severely undermined its system of safeguards to make it easier to strike Gaza.”
Critically, paper fails to mention that following the October 7 massacre, the elevated threat level posed by Hamas provided a legally justifiable reason for Israel to change the way it interprets its rules of engagement. By not acknowledging this point, the December 26 piece displays a remarkable ignorance of the legal doctrine of proportionality regulating the conduct of hostilities.
“Eight Takeaways” claims that the IDF is using “…flawed methods to find targets and assess the risk to civilians.”
But according to the law of armed conflict, as long as an attack is proportionate to the concrete and direct anticipated military gains, any incidental wounding or killing of civilians may not automatically be deemed an unlawful act, subject to individual assessment.
In other words, The New York Times is working off a false assumption, whereby the number of civilian casualties – potential and actual – between both sides of a conflict should be roughly even in order to not weaken one side’s ‘civilian protections.’
What Is Proportionality?
But, under the laws of armed conflict, an attack is only considered disproportionate, and therefore illegal, “if the anticipated collateral damage to civilians and civilian objects would be excessive in relation to the military advantage expected from the attack.”
Moreover, what is considered proportionate and legal can evolve based on changing circumstances.
Before October 7, Hamas was considered to be an ongoing security concern that Israel had managed to contain. But the post-October 7 reality is very different. Hamas now represents an existential threat to not only the citizens living in the region near Gaza, but the entire country. And let’s not forget Hamas’ Iranian connection.
Since the threat level is so much greater, Israel is legally justified to operate with more force.
The New York Times really needs better military reviewers. Their recent piece comparing targeting processes in counter-terror operations not in war against post-October 7th declared war military operations shows a major lack of understanding of the law of armed conflict,… pic.twitter.com/TaN6zGYntE
— John Spencer (@SpencerGuard) December 26, 2024
Who’s Really Driving Up the Civilian Casualty Numbers?
It is rich that a piece that includes “civil protections” and “Hamas” in the headline omits the very many ways that Gaza’s long-time rulers have for years embedded themselves and their terrorist command and control centers within the coastal enclave’s civilian population structures – including hospitals, schools, and houses of worship.
Indeed, the weakening of civil protections in Gaza is in no small part the result of the terrorist group’s human shield strategy, which its leaders acknowledge is deliberately intended to lead to elevated civilian deaths, thereby ratcheting international pressure on Israel to agree to a ceasefire that would leave Hamas intact.
Moreover, there is ample evidence that Hamas fighters have posed as medical staff, and journalists, and fought in civilian clothes so as to inflate the civilian death count.
From a legal standpoint as it pertains to armed conflict, Hamas is in violation of the Rule of Distinction, which demands that belligerents and fighters at all times distinguish between civilians and civilian objects on one hand, and combatants and military objectives on the other hand, so as to protect persons not taking part in the conflict.
Evidently, The New York Times was too preoccupied with depicting Israel as seemingly going out of its way to endanger Gaza civilians to note that it is, in fact, Hamas that is in violation of international law.
“Eight Takeaways” implies – by showing how Israel has expanded its list of targets, removed limits on how many civilians can be put at risk each day, used a simplistic risk assessment model, and dropped large, less accurate bombs – that the IDF’s approach to urban warfare is somehow unique.
The New York Times, inadvertently, is absolutely correct. Israel is creating a new standard for urban warfare. And there is a growing body of data to support the claim that the country has developed a way to reduce civilian casualties to historically low levels.
The UN, EU, and other sources estimate that civilians usually account for 80 percent to 90 percent of casualties, or a 1:9 ratio, in modern war. In the 2016-2017 Battle of Mosul, a battle supervised by the U.S. that used the world’s most powerful airpower resources, some 10,000 civilians were killed compared to roughly 4,000 ISIS terrorists.
But with regards to Israel, and given Hamas’ likely inflation of the death count, the figure could be closer to 1 to 1.
The New York Times’ rather sophomoric attempt at legal analysis here is not the result of sloppy journalism. Rather, it is part of a pattern, whereby “findings,” such as those revealed in “Eight Takeaways: How Israel Weakened Civilian Protections When Bombing Hamas Fighters,” somehow dovetail with the talking points of Israel’s most vociferous detractors.
Gidon Ben-Zvi, former Jerusalem Correspondent for The Algemeiner, is an accomplished writer who left Hollywood for Jerusalem in 2009. He and his wife are raising their four children to speak fluent English – with an Israeli accent. Ben-Zvi’s work has appeared in The Jerusalem Post, The Times of Israel, The Algemeiner, American Thinker, The Jewish Journal, Israel Hayom, and United with Israel. Ben-Zvi blogs at Jerusalem State of Mind (jsmstateofmind.com). The author is a contributor to HonestReporting, a Jerusalem-based media watchdog with a focus on antisemitism and anti-Israel bias — where a version of this article first appeared.
The post Legally Blind: The New York Times’ Muddled View of Law of Armed Conflict first appeared on Algemeiner.com.
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Jews, Israelis Targeted in Austria Amid Surge in Antisemitic Incidents; Local Jewish Community Calls for Action
Illustrative: Pro-Palestinian protesters shout slogans and hold flags during a demonstration against Israel’s military action in the Gaza strip, in Vienna, July 20, 2014. Photo: REUTERS/Leonhard Foeger
Austria is facing a sharp rise in antisemitic incidents and anti-Israel rhetoric, prompting outrage from the country’s Jewish community and urgent calls for authorities to take swift action against growing anti-Jewish hatred.
On Saturday, a group of pro-Palestinian activists burst into the opening of the Salzburg Festival — one of the world’s premier events for opera, music, and drama — waving Palestinian flags and shouting antisemitic slogans.
As Austrian Vice-Chancellor Andreas Babler began his opening speech at the event, six individuals stormed the stage, aggressively waving Palestinian flags and shouting “Blood on your hands!” along with other antisemitic slurs.
The Salzburg Festival.
A frenzied white Austrian on stage, screaming in German about those bloody J*ws.
I’m sure we’ve seen that before… pic.twitter.com/b6oNyTwZRT
— Joo
(@JoosyJew) July 28, 2025
The incident raised alarming questions about the event’s security, as the six protesters gained easy access while wearing fake, misspelled staff IDs with fictitious names, revealing a clear failure in background checks.
According to festival director Lukas Crepaz, security measures and control checks have been significantly strengthened. The six activists were arrested, and authorities continue to investigate the incident.
Elie Rosen, president of the Jewish Community (IKG) of Salzburg, Styria, and Carinthia, condemned the incident, calling the disruption of the Salzburg Festival’s opening a “targeted political provocation, carried by openly anti-Israel rhetoric.”
“Jewish life in Austria must not become the collateral damage of political agitation,” Rosen said in a statement. “We often hear powerful statements at commemorative events condemning antisemitism.”
“But where are Israel’s outspoken supporters when real solidarity is needed? Antisemitism takes many forms and frequently starts with the silence of the majority,” she continued. “Hatred toward Israel is not a legitimate form of protest.”
In a separate incident last week, an Israeli couple was denied access to a campsite in Ehrwald, a village in western Austria, after attempting to make a reservation to celebrate their 25th wedding anniversary.
According to local media, the couple attempted to register at the campsite, but after revealing their Israeli passports, they were denied entry and asked to leave, forcing them to find alternative accommodations.
“We have no place for Jews here,” the campsite operator reportedly told them.
When asked for comment, the campsite operators told the German newspaper Jüdische Allgemeine, “These people should much rather take care of the many children in Gaza. Otherwise, there is nothing to say.”
In another incident last week, a group of well-known Israeli classical musicians reported being refused service at a pizzeria in Vienna after staff overheard them speaking Hebrew.
One of the musicians recounted that while they were ordering their food, the waiter asked them which language they were speaking. When they replied Hebrew, the waiter allegedly told them, “In that case, leave. I’m not serving you food.”
“The initial shock and humiliation were profound. But what struck us even more deeply was what came next – or rather what didn’t. The people around us were clearly startled, some offered sympathetic glances … and then, quietly, they went back to their dinners, their conversations, their wine – as though nothing had happened,” one of the musicians wrote in a post on X.
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‘All of Our Strength’: Over 1,000 Pro-Israel Activists Gather in DC for Solidarity Conference
2025 Israel on Campus Coalition National Leadership Summit. Photo: ICC.
Over 1,000 Jewish students, faculty, and activists amassed in Washington, DC on July 27-29 to attend the Israel on Campus Coalition’s annual National Leadership Summit (NLS), an electric event which achieved creating the atmosphere of both a festival of Jewish elation and an academic conference.
Founded in 2002, the Israel on Campus Coalition (ICC) is a nonprofit organization that describes its mission as inspiring college students to defend and hold pride in the state of Israel. One of its major initiatives is the “microgrants” program, which helps pro-Israel campus groups organize events about Israeli culture and society. Another, the ICC Community Impact Fellowship, awards college students a $1,000 stipend for completing a leadership seminar in which they are trained in civic engagement, coalition building, and rapidly responding to antisemitic and anti-Israel events on their campuses.
Demand for a spot at this year’s 2025 conference exceeded the nonprofit’s capacity to host the thousands of students who signed up to be a conferee at what is recognized as the largest gathering of pro-Israel students in the country. Hundreds were waitlisted and encouraged to reapply next year. Those whom ICC did select were flown out to DC and billeted at the Capital Hilton, all expenses paid. They were joined – for the first time ever – by a delegation of faculty from the Academic Engagement Network (AEN) and staff from most major Jewish organization in the US, from the Anti-Defamation League (ADL) to StandWithUs (SWU).
“We just ultimately believe that we’re better when we use all of our strength as a movement,” ICC chief executive Jacob Baime told The Algemeiner on Monday during an interview. “And we’re not the only ones who feel that way. The other side does as well, having mounted a highly professionalized coalition, well-funded, well-coordinated effort with many groups involved. We need our partners and the different perspectives they hold too.”
When The Algemeiner last attended NLS, the world was not yet one year removed from Hamas’s Oct. 7 massacre across southern Israel, the deadliest day in modern Jewish history since the Holocaust. Jewish students and ICC staff, many of whom have family members and friends who were affected by the atrocities or were later drafted into the war it precipitated, were still laboring to comprehend what had become a new and unprecedented world – one in which classic antisemitic tropes had resurfaced to corrupt public debate, anti-Jewish violence occurred daily across the world, and anti-Zionist groups were taking over college campuses and converting them into outposts of antisemitic hate.
As such the event aimed to inspire Jewish students “take back the campus,” an effort advanced by an infantry of social media influencers.
This year’s NLS leaned more heavily into supplying students with information, facts, and statistics curated and presented by the most accomplished Middle East scholars, government leaders, and nonprofit executives in the global pro-Israel community. Social media influencers and celebrities took the stage as well, showcasing their strengths as spirited advocates who remind students why the issues under discussion relate to their contemporary experiences as young people and consumers.
Speakers included Alyza Lewin, president of the Louis D. Brandeis Center for Human Rights Under Law; Col. Miri Eisin of the Israel Defense Forces (IDF), Jonathan Schanzer, executive director of the Foundation for Defense of Democracies; Ilya Shapiro, senior fellow and director of constitutional studies at the Manhattan Institute; Miriam Elman of the Academic Engagement Network; and Dr. Ayal Feinberg, director of the Center for Holocaust Studies and Human Rights. On offer as giveaways were Douglas Murray’s recently published polemic On Democracies and Death Cults: Israel and the Future of Civilization and Dina Powell McCormick and David McCormick’s co-authored book, titled Who Believed in You?: How Purposeful Mentorship Changes the World.
“We wanted students to engage with ideas that touch on the entirety of the campus ecosystem and the subjects they may be asked to comment on,” Baime explained to The Algemeiner. “Oct. 7, the war, and its aftermath have changed the American pro-Israel movement forever.”
The obverse side of the conference’s educational objectives was wholesome fun for the 800 college aged conferees in attendance. They were treated to a buoyant concert in the Hilton’s Presidential Ballroom featuring the jazz-pop fusion act “All of the Above” and the rapper Duvbear, an 18-year-old who is emblematic of what Generation-Z calls “rizz.” Celebrities such as former NBA player Meta World Peace, former NFL linebacker Emmanuel Acho, and professional boxer George Foreman III afforded the students quick meet and greets and selfies. Capital Hilton staff carted out pounds of food – Latin, Asian, and Kosher – from its kitchens every several hours, fostering opportunities for socializing and being photographed on an ICC-themed “red carpet.”
University of California, Davis rising junior Toby Jacob told The Algemeiner that the nonprofit’s strength is its staff.
“The staff here is so knowledgeable and so capable,” Jacob said. “It can feel really scary when you’re dealing with these like large scale issues in your student government, with your administration – and to have people who have the resources to walk you through it is vital.”
Tessa Veksler, an NLS 2025 moderator who became the most recognizable pro-Israel activist of Generation-Z after being elected the first Shabbat-observant president of the University of California, Santa Barbara’s student government, agreed.
“When I was on campus going through the worst of the worst, I knew that ICC had my back and that I could count on the staff and the organization to be there at a moment’s notice,” Veksler said. “They exceptionally equip students with the tools to be able to lead themselves, and so there is an expectation that if you are an ICC fellow that you take the tools ICC gives and put in the work to go and become involved in student government and be the person to make the impact.”
She continued, “It’s a remarkable thing, and there’s a reason why I have stayed as involved as I am.”
Follow Dion J. Pierre @DionJPierre.
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‘Devastated’: Wesley LePatner, Killed in Manhattan Mass Shooting, Was a Jewish Communal, Philanthropic Leader
A man holding a rifle walks into an office building at 345 Park Avenue shortly before a shooting that killed several people, in the Midtown Manhattan district of New York City, US, July 28, 2025, in a still image taken from surveillance video. Photo: Surveillance Camera/Handout via REUTERS
Wesley LePatner, an executive at Blackstone and a Jewish communal leader, was one of the victims of the mass shooting in Midtown Manhattan on Monday that killed four people and wounded a fifth in addition to the shooter, who died by suicide.
LePatner, 43, was an active member of the Jewish community and served on the UJA Federation of New York’s board of directors, which said it is “devastated by the tragic loss.”
“Wesley was extraordinary in every way — personally, professionally, and philanthropically,” the federation wrote in a statement on Tuesday. “An exceptional leader in the financial world, she brought thoughtfulness, vision, and compassion to everything she did. In 2023, we honored her with the Alan C. Greenberg Young Leadership Award at our Wall Street Dinner, recognizing her commitment to our community and her remarkable achievements, all the more notable as a woman in a traditionally male-dominated field.”
In her acceptance speech, LePatner said, “Never in my wildest imagination could I have believed that I would be up on this stage two decades later [after attending her first UJA Wall Street dinner]. UJA has many super-powers, but its most important in my view is its power to create a sense of community and belonging, and that ability to create a sense of community and belonging matters now more than ever.”
She also explained that “UJA stepped in early and fixed my feeling out of place by connecting me with senior Goldman Sachs women who were further along in their careers and personal lives, but equally committed to their Jewish community and identity.”
“I was an American,” she said, “but I was first and foremost Jewish.”
LePatner was also a supporter of Israel, leading a solidarity mission with UJA after Hamas’s Oct. 7, 2023, invasion of and massacre across southern Israel.
“In the wake of Oct. 7, Wesley led a solidarity mission with UJA to Israel, demonstrating her enduring commitment in Israel’s moment of heartache,” the UJA Federation of New York said in its statement. “She lived with courage and conviction, instilling in her two children a deep love for Judaism and the Jewish people.”
In addition to serving on the board of directors of the New York UJA, she was also on the board of trustees at The Abraham Joshua Heschel School — a pluralistic Jewish day school in New York. The Forward reported that school representatives wrote in an email that “there are no right words for this unfathomable moment of pain and loss.”
“It was a rare z’chut, a rare privilege, to know Wesley and to learn from her. She was a uniquely brilliant and modest leader and parent, filled with wisdom, empathy, vision, and appreciation,” they continued.
David Greenfield, CEO of the Met Council, posted on X that “Wesley was an amazing person who was also tremendously talented leader. She volunteered with her kids [at the Met Council] to feed those in need.”
LePatner graduated from Yale summa cum laude and Phi Beta Kappa, and met her husband on the first day of school in 1999.
She is survived by her husband and two children.