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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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US Reportedly Shares Intelligence with New Syrian Leadership to Counter ISIS Threats
Syria’s de facto leader Ahmed al-Sharaa, also known as Abu Mohammed al-Golani, waits to welcome the senior Ukrainian delegation led by Ukrainian Foreign Minister Andrii Sybiha, after the ousting of Syria’s Bashar al-Assad, in Damascus, Syria, Dec. 30, 2024. Photo: REUTERS/Khalil Ashawi
i24 News – The United States has begun sharing classified intelligence with Syria’s new leadership, led by Hayʼat Tahrir al-Sham (HTS), an Islamist group formerly designated as a terrorist organization, reports the Washington Post.
This unexpected collaboration comes in the wake of HTS overthrowing the Assad regime last month and reflects heightened US concerns about a potential resurgence of the Islamic State (ISIS).
According to sources, US intelligence recently helped thwart a planned ISIS attack on a prominent Shiite shrine near Damascus.
Despite this cooperation, US officials stress that the intelligence-sharing arrangement does not signify full support for HTS, which has a controversial history of extremism.
HTS leader Ahmed al-Sharaa, previously known by his militant alias Abu Mohammed al-Jolani, has made efforts to project a more moderate image, pledging to protect Syria’s religious minorities and stabilize the country.
However, skepticism remains about HTS’s ability to govern effectively and sustain efforts against ISIS.
The Biden administration, before leaving office, maintained HTS’s terrorist designation while easing sanctions on Syria to facilitate humanitarian aid. As the new US administration under President Donald Trump takes shape, questions loom about the future of American involvement in Syria and the ongoing military presence aimed at preventing an ISIS comeback.
The post US Reportedly Shares Intelligence with New Syrian Leadership to Counter ISIS Threats first appeared on Algemeiner.com.
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Hostages Missing from Hamas’ Release List
A birthday cake for Kfir Bibas, who is a hostage in Hamas captivity. Thursday, January 18, 2024. (Photo: Debbie Weiss)
i24 News – The second phase of hostage releases between Israel and Hamas has sparked deep frustration and grief among the families of those still held captive.
Two hostages—Arbel Yahud and Agam Berger—were notably excluded from the list of those to be freed on Saturday, despite earlier agreements prioritizing the return of civilians.
Arbel Yahud, 29, and Agam Berger, 20, both captives since the October 7 attack, were not included in the list of four hostages expected to be released.
Yahud, from Kibbutz Nir Oz, was taken along with her partner, Ariel Cunio, whose family was freed in November. Yahud’s brother, Dolev, was later found dead in June after he was killed while trying to aid the wounded. Agam Berger, from Holon, was captured while stationed at Nahal Oz. Her family identified her in a video released by Hamas, showing her in pajamas being taken away in a vehicle after she called her father to alert him of the gunfire.
The omission of these two hostages has led to heightened concerns and calls for action from Israeli authorities, who are now exerting pressure on Hamas and mediators to honor the terms of the release agreement. Israeli officials reaffirmed their commitment to continue with the broader agreement, but warned that the failure to meet the agreed terms could harm future releases.
Adding to the grief, the Bibas family expressed their devastation when they learned that Shiri Bibas and her children, who were abducted from their Nir Oz home on October 7, were also absent from the second release list. In a heartfelt message shared on Saturday, the Bibas family shared their anguish: “Even though we were prepared for it, we were hoping to see Shiri and the children on the list that was supposed to be the civilian list.” The family voiced concerns over their loved one’s safety and questioned why, despite grave fears for their lives, their relatives were not included among the civilians due to be returned.
The Bibas family’s message emphasized their belief that the public must continue to demand answers, adding, “Thank you, dear supporters, for not giving up, for continuing to pray, to hope and to demand answers.
The post Hostages Missing from Hamas’ Release List first appeared on Algemeiner.com.
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Liri Albag, Karina Ariev, Naama Levi, and Daniela Gilboa Return to Israel After 477 Days of Captivity
A combination picture shows Israeli hostages Karina Ariev, Naama Levy, Liri Albag, and Daniela Gilboa, soldiers who were seized from their army base in southern Israel during the deadly Oct. 7, 2023 attack by Hamas, in these undated handout pictures. Photo: Courtesy of Bring Them Home Now/Handout via REUTERS
i24 News – After 477 harrowing days in captivity, four young Israeli women—Liri Albag, Karina Ariev, Naama Levi, and Daniela Gilboa—have finally returned home.
The release took place Saturday morning in Gaza’s Palestine Square, under a carefully staged scene orchestrated by Hamas.
The four women, who served in a military observation unit in Nahal Oz, were handed over to the International Committee of the Red Cross (ICRC). Before their release, they were made to wear uniforms provided by Hamas and were paraded on a platform in front of a crowd of activists. Forced to smile and wave, the women endured the ordeal under the watchful eyes of Hamas fighters.
Once the formalities concluded, the women walked to waiting ICRC vehicles, accompanied by representatives of the organization. Upon reaching Israeli forces, IDF medical teams immediately conducted examinations. At the meeting point, the first female officers who greeted them informed the women that their families were watching live. Overcome with emotion, the former hostages smiled at the cameras, sending heartfelt gestures to their loved ones.
Footage later released by the IDF captured a poignant moment: the four women removing the uniforms given to them by Hamas and embracing Israeli officers. These emotional scenes underscored the end of a long and grueling chapter in their lives.
The women were transported to the Reim reception center, where their families eagerly awaited them. After 477 days of separation, the reunions were deeply moving, marking a moment of relief and joy.
However, the release was not without complications. A fifth military observer, Agam Berger, remains in captivity, and Hamas failed to uphold its agreement to release civilian hostage Arbel Yahud, who was originally included in the liberation group. The breach of terms has drawn widespread condemnation, intensifying efforts to secure the release of those who remain captive.
This momentous event brings a mix of celebration and determination, as Israel continues to work tirelessly for the freedom of all hostages still held in Gaza.
The post Liri Albag, Karina Ariev, Naama Levi, and Daniela Gilboa Return to Israel After 477 Days of Captivity first appeared on Algemeiner.com.
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