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Media’s Misrepresentation of ICJ Ruling on Rafah: A Pernicious Pattern
Judges, including Sarah Cleveland, arrive at the International Court of Justice (ICJ), during a ruling on South Africa’s request to order a halt to Israel’s Rafah offensive in Gaza, in The Hague, Netherlands, May 24, 2024. Photo: REUTERS/Johanna Geron
The International Court of Justice (ICJ) issued an emergency ruling last week as part of South Africa’s case accusing Israel of genocide.
The ruling read, in part, that the Israel Defense Forces must “immediately halt its military offensive, and any other action in the Rafah governorate, which may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part.”
Five of the 15 judges authored an opinion that accompanied the ruling, with four of the five arguing that it does not halt military action in southern Gaza — but only applies to such action that could bring about, in whole or in part, the destruction of the Palestinian people.
The distinction is important: it allows Israel to continue its military action against Hamas in Rafah.
It was, however, a distinction that was lost on the international media — which invariably interpreted the ruling as ordering Israel to halt its Rafah offensive entirely.
Misleading Headlines
The immediate media reaction to the ruling was a rash of headlines that claimed the UN’s highest court was effectively ordering the IDF to stop its campaign in Rafah.
The BBC, NBC News, CNN, and Newsweek all published pieces that stated the ICJ had ordered an “immediate” end to the military offensive:
While the individual articles included the relevant part of the ruling that makes clear it is not a blanket order against military action, their headlines tell readers the opposite.
Unsurprisingly, the media’s presentation of the ruling has been criticized by Israeli officials, who pointed out that the ICJ ruling does not prevent Israel’s right to both defend itself and free the hostages kidnapped by Hamas on October 7.
“It said genocide is forbidden, and we have no intention of committing genocide. What country would invest so many resources to bring in humanitarian aid, call off attacks and the like, if it intends to commit genocide? We are already doing and will continue to do what the ruling has called for,” one official told Ynet News.
“Sometimes you just cannot confuse them with the facts,” they added. “There is a false narrative that the ICJ ordered a halt to the fighting in Rafah and that is not the case. If the court would have wanted to say anything else, it would have.”
Part of a Pattern
More importantly, the misleading reports on the ICJ’s ruling appear to be part of a trend in which news outlets have misinterpreted critical legal rulings about Israel’s conduct in its war against Hamas.
Following the ICJ delivering its initial ruling on South Africa’s case in late January, the majority of media organizations claimed the court had decided there was a “plausible” claim of Israeli genocide in Gaza — an allegation that was immediately refuted by legal experts who had read the ruling in its entirety.
Yet, for weeks, news outlets continued to print the pernicious lie that the UN court had effectively decided that there was credible evidence that Israel was perpetrating genocide.
Indeed, it was not until ICJ judge Joan Donoghue, who served as president of the court between February 2021 and February 2024, appeared on the BBC current affairs program HARDTalk in April that the media started correctly reporting on the court’s decision.
Speaking to the BBC’s Stephen Sackur, Donoghue explained that she was “glad” to have the opportunity to explain the effect of the ruling.
“The court decided that the Palestinians had a plausible right to be protected from genocide and that South Africa had the right to present that claim in the court,” she said. “It then looked at the facts as well. But it did not decide — and this is something where I’m correcting what’s often said in the media — it didn’t decide that the claim of genocide was plausible.”
Donoghue’s unequivocal correction of the media’s misreporting should have served as a valuable lesson for news outlets in navigating the complexity and nuance of legal rulings.
And yet, just weeks later, as the International Criminal Court (ICC) lead prosecutor Karim Khan announced he would seek arrest warrants for the arrest of Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant alongside several Hamas leaders, the media once again skewed the facts.
Failing to understand the distinction between Khan seeking arrest warrants to be issued and them actually being issued, several news outlets suggested the latter had occurred.
NPR, for example, aired a two-minute segment “examining Israeli Minister of Strategic Affairs Ron Dermer’s statements on the ICC issuing arrest warrants for Prime Minister Benjamin Netanyahu.”
The Hill also implied warrants had already been issued in a piece headlined, ‘”US lashes out after Israeli officials targeted with arrest warrants,” which told readers that the ICC itself had “filed arrest warrants against two top Israeli leaders over the war in Gaza…”
The media have — whether by intention or carelessness — misinterpreted three separate legal orders that relate to Israel’s war against Hamas.
On each occasion, their misreporting was damaging to Israel.
British author Ian Fleming famously said, “Once is happenstance. Twice is coincidence. Three times is enemy action.”
How salient his observation seems now.
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 Media’s Misrepresentation of ICJ Ruling on Rafah: A Pernicious Pattern first appeared on Algemeiner.com.
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Israel to Issue 54,000 Call-Up Notices to Ultra-Orthodox Students
Haredi Jewish men look at the scene of an explosion at a bus stop in Jerusalem, Israel, on Nov. 23, 2022. Photo: Reuters/Ammar Awad
Israel’s military said it would issue 54,000 call-up notices to ultra-Orthodox Jewish seminary students following a Supreme Court ruling mandating their conscription and amid growing pressure from reservists stretched by extended deployments.
The Supreme Court ruling last year overturned a decades-old exemption for ultra-Orthodox students, a policy established when the community comprised a far smaller segment of the population than the 13 percent it represents today.
Military service is compulsory for most Israeli Jews from the age of 18, lasting 24-32 months, with additional reserve duty in subsequent years. Members of Israel’s 21 percent Arab population are mostly exempt, though some do serve.
A statement by the military spokesperson confirmed the orders on Sunday just as local media reported legislative efforts by two ultra-Orthodox parties in Prime Minister Benjamin Netanyahu’s coalition to craft a compromise.
The exemption issue has grown more contentious as Israel’s armed forces in recent years have faced strains from simultaneous engagements with Hamas in Gaza, Hezbollah in Lebanon, Houthis in Yemen, and Iran.
Ultra-Orthodox leaders in Netanyahu’s brittle coalition have voiced concerns that integrating seminary students into military units alongside secular Israelis, including women, could jeopardize their religious identity.
The military statement promised to ensure conditions that respect the ultra-Orthodox way of life and to develop additional programs to support their integration into the military. It said the notices would go out this month.
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Influential Far-Right Minister Lashes out at Netanyahu Over Gaza War Policy
Israeli Finance Minister Bezalel Smotrich attends an inauguration event for Israel’s new light rail line for the Tel Aviv metropolitan area, in Petah Tikva, Israel, Aug. 17, 2023. Photo: REUTERS/Amir Cohen
Israel’s far-right Finance Minister Bezalel Smotrich sharply criticized on Sunday a cabinet decision to allow some aid into Gaza as a “grave mistake” that he said would benefit the terrorist group Hamas.
Smotrich also accused Prime Minister Benjamin Netanyahu of failing to ensure that Israel’s military is following government directives in prosecuting the war against Hamas in Gaza. He said he was considering his “next steps” but stopped short of explicitly threatening to quit the coalition.
Smotrich’s comments come a day before Netanyahu is due to hold talks in Washington with President Donald Trump on a US-backed proposal for a 60-day Gaza ceasefire.
“… the cabinet and the Prime Minister made a grave mistake yesterday in approving the entry of aid through a route that also benefits Hamas,” Smotrich said on X, arguing that the aid would ultimately reach the Islamist group and serve as “logistical support for the enemy during wartime”.
The Israeli government has not announced any changes to its aid policy in Gaza. Israeli media reported that the government had voted to allow additional aid to enter northern Gaza.
The prime minister’s office did not immediately respond to a Reuters request for comment. The military declined to comment.
Israel accuses Hamas of stealing aid for its own fighters or to sell to finance its operations, an accusation Hamas denies. Gaza is in the grip of a humanitarian catastrophe, with conditions threatening to push nearly a half a million people into famine within months, according to U.N. estimates.
Israel in May partially lifted a nearly three-month blockade on aid. Two Israeli officials said on June 27 the government had temporarily stopped aid from entering north Gaza.
PRESSURE
Public pressure in Israel is mounting on Netanyahu to secure a permanent ceasefire, a move opposed by some hardline members of his right-wing coalition. An Israeli team left for Qatar on Sunday for talks on a possible Gaza hostage and ceasefire deal.
Smotrich, who in January threatened to withdraw his Religious Zionism party from the government if Israel agreed to a complete end to the war before having achieved its objectives, did not mention the ceasefire in his criticism of Netanyahu.
The right-wing coalition holds a slim parliamentary majority, although some opposition lawmakers have offered to support the government from collapsing if a ceasefire is agreed.
The post Influential Far-Right Minister Lashes out at Netanyahu Over Gaza War Policy first appeared on Algemeiner.com.
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Australia Police Charge Man Over Alleged Arson on Melbourne Synagogue
Australia’s Prime Minister Anthony Albanese speaks to the media during a press conference with New Zealand’s Prime Minister Christopher Luxon at the Australian Parliament House in Canberra, Australia, Aug. 16, 2024. Photo: REUTERS/Tracey Nearmy
Australian police have charged a man in connection with an alleged arson attack on a Melbourne synagogue with worshippers in the building, the latest in a series of incidents targeting the nation’s Jewish community.
There were no injuries to the 20 people inside the East Melbourne Synagogue, who fled from the fire on Friday night. Firefighters extinguished the blaze in the capital of Victoria state.
Australia has experienced several antisemitic incidents since the start of the Israel-Gaza war in October 2023.
Counter-terrorism detectives late on Saturday arrested the 34-year-old resident of Sydney, capital of neighboring New South Wales, charging him with offenses including criminal damage by fire, police said.
“The man allegedly poured a flammable liquid on the front door of the building and set it on fire before fleeing the scene,” police said in a statement.
The suspect, whom the authorities declined to identify, was remanded in custody after his case was heard at Melbourne Magistrates Court on Sunday and no application was made for bail, the Australian Broadcasting Corp reported.
Authorities are investigating whether the synagogue fire was linked to a disturbance on Friday night at an Israeli restaurant in Melbourne, in which one person was arrested for hindering police.
The restaurant was extensively damaged, according to the Executive Council of Australian Jewry, an umbrella group for Australia’s Jews.
It said the fire at the synagogue, one of Melbourne’s oldest, was set as those inside sat down to Sabbath dinner.
Israeli President Isaac Herzog went on X to “condemn outright the vile arson attack targeting Jews in Melbourne’s historic and oldest synagogue on the Sabbath, and on an Israeli restaurant where people had come to enjoy a meal together”.
“This is not the first such attack in Australia in recent months. But it must be the last,” Herzog said.
Israeli Prime Minister Benjamin Netanyahu described the incidents as “severe hate crimes” that he viewed “with utmost gravity.” “The State of Israel will continue to stand alongside the Australian Jewish community,” Netanyahu said on X.
Australian Prime Minister Anthony Albanese late on Saturday described the alleged arson, which comes seven months after another synagogue in Melbourne was targeted by arsonists, as shocking and said those responsible should face the law’s full force.
“My Government will provide all necessary support toward this effort,” Albanese posted on X.
Homes, schools, synagogues and vehicles in Australia have been targeted by antisemitic vandalism and arson. The incidents included a fake plan by organized crime to attack a Sydney synagogue using a caravan of explosives in order to divert police resources, police said in March.
The post Australia Police Charge Man Over Alleged Arson on Melbourne Synagogue first appeared on Algemeiner.com.