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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.

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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Rising Antisemitism on European Campuses: Italian Professor Assaulted, French Students Excluded From Online Groups

Youths take part in the occupation of a street in front of the building of the Sciences Po University in support of Palestinians in Gaza, during the ongoing conflict between Israel and Hamas, in Paris, France, April 26, 2024. Photo: REUTERS/Gonzalo Fuentes

Violence and intimidation against Jewish and Israeli students as well as faculty are on the rise across European campuses, as an Italian professor was assaulted at the University of Pisa and students in France were excluded from online groups over their Jewish identities.

On Tuesday, pro-Palestinian protesters stormed a classroom at the University of Pisa in Tuscany, Italy, and assaulted an Italian professor who has opposed cutting ties with Israeli universities.

According to local reports, protesters burst into the classroom waving Palestinian flags and shouting antisemitic slurs, targeting the professor over his opposition to the university’s recent decision to sever ties with two Israeli universities.

A student who tried to intervene was attacked by protesters. When the professor stepped in to protect him, he too was assaulted and later hospitalized with injuries to his head and arms.

On the same day, anti-Israel protesters disrupted a lecture by a visiting Israeli speaker at the Polytechnic University of Turin in northern Italy, shouting antisemitic slogans as they stormed the classroom.

Shortly after the incident, the university announced it was cutting ties with the speaker because he had defended the Israel Defense Forces (IDF) during the confrontation with the protesters.

Since the Hamas-led invasion of and massacre across southern Israel on Oct. 7, 2023, anti-Israel activity on campuses has intensified, with Jewish and Israeli students facing frequent targeting and isolation in an increasingly hostile environment.

On Monday, a group of first-year economics students at Panthéon-Sorbonne University in Paris created a group chat on Instagram that excluded several students, accusing them of being Zionists based on their Jewish-sounding names or surnames, French media reported.

“If there are any other Zionists in this group besides those I’ve already kicked out, leave now — we don’t want you here,” wrote one of the students who created the group, placing a Palestinian flag in the middle.

This latest antisemitic incident follows a similar episode last month, when a student created a poll in a WhatsApp group chat titled, “For or Against Jews?”

Yossef Murciano, president of the Union of Jewish Students of France (UEJF), denounced the rising wave of anti-Jewish incidents, noting that the group had posted notices across multiple campuses to highlight the latest antisemitic episodes.

“We reported the incident to the university, but so far nothing has been done. We were told that measures would be taken, but we don’t know when or how,” Murciano said.

In a press release, the university strongly condemned such “unacceptable behavior,” expressing its full support for those students affected by the recent antisemitic incidents.

The university also announced that it had submitted “all available evidence to the public prosecutor” regarding these two incidents and plans to initiate “disciplinary proceedings” against each of the perpetrators.

“These two acts, whose antisemitic nature seems clear, deserve a punishment commensurate with their severity,” the statement read.

French Minister of Higher Education and Research Philippe Baptiste strongly condemned the latest incidents, demanding a zero-tolerance approach.

“I stand with these young people, victims of antisemitism that must be opposed everywhere, including, sadly, in our universities. There is only one possible response: zero tolerance!” Baptiste wrote in a post on X.

Yonathan Arfi, president of the Representative Council of Jewish Institutions in France (CRIF), also spoke out against the incident, calling it a disturbing example of rising antisemitism on campuses.

“This is not a pro-Palestinian campaign, it is a campaign of antisemitic intimidation,” Arfi said in a post on X.

The incidents occurred weeks after two international Jewish groups and a German watchdog published a report showing that antisemitism on European university campuses following Hamas’s Oct. 7 invasion of Israel has fostered a “climate of fear” for Jewish students.

Then earlier this week, the Anti-Defamation League (ADL) and the World Union of Jewish Students (WUJS) released their own report which found that the vast majority of Jewish students around the world resort to hiding their Jewishness and support for Israel on campuses to avoid becoming victims of antisemitism.

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Radio-Canada Suspends Journalist After Antisemitic Comments Spark Outrage

Radio-Canada reporter Élisa Serret. Photo: Screenshot

A journalist at Canada’s national public broadcaster, Radio-Canada, has been suspended after using antisemitic language during a Monday television broadcast, prompting an official apology from the network.

On the news program “Sur le terrain,” correspondent Élisa Serret, reporting from Washington on US Secretary of State Marco Rubio’s visit to Israel, was asked why the US continues to support Jerusalem despite its recent military offensive in Gaza.

Serret responded, saying in French, “The Israelis, in fact the Jews, finance a lot of American politics” and control a “big machine.”

The journalist then went on to claim that the largest US cities and Hollywood are “run by Jews,” echoing long-standing antisemitic stereotypes and hateful rhetoric about supposedly outsized and nefarious Jewish power.

After Serret’s comments went viral, sparking outrage from political leaders and the local Jewish community, Radio-Canada issued an apology, describing her remarks as “”stereotypical, antisemitic, erroneous, and prejudicial allegations against Jewish communities.”

“These unacceptable comments violate Radio-Canada’s Journalistic Standards and Practices and do not reflect the views of the public broadcaster,” the statement read.

“As a result, the news department has decided to relieve the journalist of her duties until further notice,” it continued. “We are aware that these comments have offended many viewers. We sincerely apologize and regret this.”

The Center for Israel and Jewish Affairs (CIJA), a Canadian Jewish advocacy group, strongly condemned Serret’s comments, accusing Radio-Canada of spreading “antisemitic lies.”

Eta Yudin, CIJA’s vice-president for Quebec, called on the public broadcaster to take concrete measures to keep antisemitic content out of Canadian homes.

“This incident cannot be allowed to pass without serious internal reflection on the damage such hateful rhetoric inflicts on our democratic values,” Yudin said in a statement. “Antisemitism is corroding the fabric of our society.”

Canadian Identity and Culture Minister Steven Guilbeault, who is responsible for overseeing the public broadcaster, also condemned the incident, saying that “antisemitism has no place in Canada” and describing Serret’s remarks as “pernicious antisemitic tropes.”

“When antisemitic language is used by journalists, or anyone in a position of trust, it risks normalizing hatred in deeply dangerous ways,” Guilbeault said.

Anthony Housefather, the government’s special adviser on Jewish community relations and antisemitism, denounced the incident, saying Serret’s remarks echoed “textbook tropes that are antisemitic under the IHRA definition,” referring to the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism, which was adopted by the government in 2020.

Melissa Lantsman, a member of the opposition Conservative Party, criticized the public broadcaster for failing to “uphold the values of this country” by airing what she described as an “antisemitic rant.”

“Overt antisemitism on TV is part of the deep systemic rot corroding our society, and it flourishes when tax-funded institutions provide it with a platform,” Lantsman said in a statement.

“Canadians deserve better than excuses and carefully worded apologies,” she continued.

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Israeli Culture Minister Cuts Funding for Film Awards After Palestinian Drama Wins Top Prize, Chosen for Oscars Submission

A scene from “The Sea.” Photo: The Israeli Academy of Film and Television

Israeli Minister of Culture and Sports Miki Zohar said his ministry will pull state funding for Israel’s Ophir Awards, which is the Israeli equivalent to the Oscars, after it awarded a top honor to a film that “defames” Israel’s “heroic soldiers,” he announced on Wednesday.

At this year’s Ophir Awards ceremony on Tuesday night, “The Sea” won best picture, which automatically makes the film Israel’s submission for the 2026 Oscars in the category of best international feature film. The drama, directed and written by Shai Carmeli-Pollak and produced by Baher Agbariya, also won best screenplay, best actor for the 13-year-old Palestinian Muhammad Gazawi, best supporting actor for Khalifa Natour, and best original score. The movie, filmed in Arabic and Hebrew, marks Gazawi’s first acting role.

The Ophir Awards are voted on by the Israeli Academy of Film and Television, a nonprofit organization that is the Israeli version of the US-based Academy of Television Arts & Sciences. It has more than 1,000 members, including filmmakers, producers, content creators, and actors.

“The Sea” follows a 12-year-old Palestinian boy named Khaled, from a village near Ramallah, who gets the opportunity to go the beach for the first time in his life on a class trip to Tel Aviv. When he is forced to return home at a military checkpoint, while his classmates continue on to the beach, Khaled decides to risk his life and dodge Israeli authorities on his solo journey to reach the ocean. “The Sea” premiered at the Jerusalem Film Festival this summer and received support from the Israeli Film Fund.

In a statement on X, Zohar said that after the “pro-Palestinian” film, “which defames our heroic soldiers while they fight to protect us,” won the award for best film at the “shameful” Ophir Awards on Tuesday night, he decided to discontinue funding for the ceremony.

“During my tenure – the citizens of Israel will not pay out of their pockets for a disgraceful ceremony that spits on the heroic IDF soldiers,” he added. “This great absurdity, that Israeli citizens are still paying out of their pockets for the disgraceful Ophir Awards ceremony, which represents less than one percent of the Israeli people – is over. Starting from the 2026 budget, this pathetic ceremony will no longer be funded by taxpayers’ money. The citizens of Israel deserve for their tax money to go to more important and valuable places.”

Several winners on stage at the Ophir Awards ceremony, including Carmeli-Pollak and Agbariya, sported a black T-shirt with a message that called for an end to the Israel-Hamas war and said in Hebrew and Arabic “a child is a child.” Others wore shirts that called for the return of the hostages abducted by Hamas-led terrorists from Israel on Oct. 7, 2023, and talked about the devastation taking place in Gaza during the ongoing war. Acclaimed Israeli director Uri Barbash received a lifetime achievement award at the ceremony, and in his acceptance speech, he condemned actions of the Israeli government and Zohar, pleaded for an end to the war, and called for solidarity between Jews and Arabs.

“It is our sacred duty to bring all the hostages back to their families immediately,” he said. “To end the accursed war and replace the ‘divide and rule’ regime that has declared war on Israeli society!”

Other movies that competed alongside “The Sea” for best film at this year’s Ophir Awards included Nadav Lapid’s “Yes,” “Dead Language – which made its world premiere at the 2025 Tribeca Film Festival and is an expanded version of the Oscar-nominated short film “Aya” – and Natali Braun’s “Oxygen,” which is about a single mother fighting to pull her son out of military service and his deployment to Lebanon.

Israel has had 10 nominations in the category of best international feature film at the Oscars but has yet to win. The Academy of Television Arts & Sciences will announce on Dec. 16 a shortlist of 15 contenders for the 2026 Oscar for best international feature film. The final list of nominations will be announced on Jan. 22, 2026, and the 98th Academy Awards will take place on March 15, 2026.

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