Doc's Talk: A Hoax?

Tuesday, May 27, 2008

A Hoax?

NIDRA POLLER
http://online.wsj.com/article/SB121183795208620963.html

FROM TODAY'S WALL STREET JOURNAL EUROPE
May 27, 2008

September 30, 2000, Netzarim Junction in the Gaza Strip: France 2 correspondent Charles Enderlin offers the world a front seat on the video shooting of Mohammed al-Durra and his father Jamal. Targeted, according to Mr. Enderlin's voice-over commentary, by "gunfire from the direction of the Israeli positions." A few seconds later: "Mohammed is dead, his father is critically wounded." The France 2 cameraman, later identified as Palestinian stringer Talal Abu Rahma, caught the child killers in the act. A prize-winning scoop!Independent analysts and Israeli officials seeking clarification of inconsistencies in the al-Durra news report encountered stubborn resistance from the state-owned French channel and its Mideast correspondent. An Israeli army investigation concluded the gunfire could not have come from their position; independent investigators went further and declared that the incident had been staged. Exasperated by the controversy, France 2 and Mr. Enderlin sued four Web sites for defamation, won three cases and lost the fourth on a technicality. Philippe Karsenty, director of the Media-Ratings watchdog site (www.m-r.fr), convicted of defamation for calling the al-Durra report "a hoax," took the case to the Court of Appeals.

May 21, 2008, Palais de Justice, 11th Chamber of the Court of Appeals: Presiding judge Laurence Trébucq announced the verdict with a delicate smile: Philippe Karsenty is acquitted; the plaintiff's claims are dismissed. France 2 counsel Maître Bénédicte Amblard blanched, shrugged her shoulders, and disappeared into thin air. Mr. Karsenty celebrated the decision as an admonition to reckless media who provoke violence with falsified inflammatory news.

An honest reading of the ruling calls into question the al-Durra myth. French media didn't bother to come to the funeral. Were they confident that Charles Enderlin would be vindicated? Did they think Philippe Karsenty, whose honor they had sullied by likening him to Holocaust deniers and 9/11 conspiracy nuts, was already dead and buried?

Mr. Karsenty's defamation conviction in the court of first resort had been celebrated as proof that the al-Durra death scene was authentic. Reactions to his acquittal, which can be counted on the fingers of one bony hand, reassert that impression. In a three-second segment at the tail end of Wednesday's primetime news, France 2 implied -- with the famous al-Durra image in the background -- that the report had, once again, been authenticated despite the acquittal of an -- unnamed -- defendant.

Playing on the complexity of the law dating back to July 29, 1881, Charles Enderlin and his allies insist that Mr. Karsenty is still guilty of defamation. The incriminated statements Mr. Karsenty made in 2004 on his Web site did damage their reputations. But the court found that despite the lack of absolute proof, the statements were nevertheless justified by the defendant's good faith, due diligence and appropriate language. The judge therefore acquitted Philippe Karsenty of all charges.

In a move unprecedented in media litigation, France 2 and Mr. Enderlin have referred the case to France's highest court (the Cour de Cassation), which rules solely on technicalities, not on substance.

The 13-page ruling is drafted with the same ethical and intellectual clarity exercised by Judge Trébucq throughout the proceedings. The court first establishes the principle that Charles Enderlin "...as a professional journalist reporting from Israel and the Palestinian territories for primetime France 2 newscasts...cannot shield himself from criticism; he is...[necessarily] exposed to...scrutiny...from citizens and colleagues." And then the court validates, exhibit by exhibit, the evidence that led Philippe Karsenty to question and ultimately denounce the al-Durra report.

While Mr. Karsenty submitted voluminous evidence, France 2 and Mr. Enderlin relied on an above-suspicion strategy based on the elevated reputation of the journalist, his total confidence in the Palestinian cameraman who filmed those images without the French correspondent there, and the unquestionable dignity of the state-owned television network. Their position weakened when Judge Trébucq ordered them to submit the unedited raw footage filmed on Sept. 30, 2000. They only partially complied. In lieu of "unedited raw footage," Mr. Enderlin presented an 18-minute excerpt and, for the first time since litigation began, appeared in court on Nov. 18 to oversee the screening.

Reinforcements were brought in for the final hearing on Feb. 27 -- news director Arlette Chabot to bolster Mr. Enderlin, and Maître François Szpiner to assassinate Mr. Karsenty's character, comparing him to 9/11 conspiracy theorist Thierry Meyssan, Holocaust denier Robert Faurisson, and "the Jew who pays a second Jew to pay a third Jew to fight to the last drop of Israeli blood." This aggressive strategy backfired.

The court kept its eyes on the evidence. It is impossible in the limited space available here to do justice to a document that deserves line-by-line appreciation. The following examples drawn from the decision are a fair indication of its logical thrust: Material evidence raises legitimate doubts about the authenticity of the al-Durra scene. The video images do not correspond to the voice-over commentary. Mr. Enderlin fed legitimate speculation of deceit by claiming to have footage of Mohammed al Durra's death throes while systematically refusing to reveal it. He aggravated his case by suing analysts who publicly questioned the authenticity of the report. Examination of an 18-minute excerpt of raw footage composed primarily of staged battle scenes, false injuries and comical ambulance evacuations reinforces the possibility that the al-Durra scene, too, was staged. (There is, strictly speaking, no raw footage of the al-Durra scene; all that exists are the six thin slices of images that were spliced together to produce the disputed news report.)

The possibility of a staged scene is further substantiated by expert testimony presented by Mr. Karsenty -- including a 90-page ballistics report and a sworn statement by Dr. Yehuda ben David attributing Jamal al-Durra's scars -- displayed as proof of wounds sustained in the alleged shooting -- to knife and hatchet wounds incurred when he was attacked by Palestinians in 1992. In fact, there is no blood on the father's T-shirt, the boy moves after Mr. Enderlin's voice-over commentary says he is dead, no bullets are seen hitting the alleged victims. And Mr. Enderlin himself had backtracked when the controversy intensified after seasoned journalists Denis Jeambar and Daniel Leconte viewed some of the raw footage in 2004. The news report, he said, corresponds to "the situation." The court, concurring with Messrs. Jeambar and Leconte, considers that journalism must stick to events that actually occur.

The frail evidence submitted by France 2 -- "statements provided by the cameraman" -- is not "perfectly credible either in form or content," the court ruled.

The landmark ruling closes with an eloquent affirmation of the right of citizens to criticize the press freely, the right of the public to be informed honestly and seriously, the right of expression guaranteed by Article 10 of the European Convention on Human Rights, a right that applies not only to inoffensive ideas but also to those that are shocking, disturbing, troubling.

The media that dramatically reported the killing of Mohammed al-Durra are deathly silent today. They didn't inform the public about the ongoing controversy, didn't attend the trials and have apparently decided to place this story into an artificial coma. As if this judgment against a colleague who placed blind trust in his Palestinian cameraman and, when called to clarify his report, attacked the questioner instead of questioning his own competence were not newsworthy?

The press corps has consistently closed ranks with Charles Enderlin. One week before the verdict was announced, pay-to-view TV station Canal+ aired a documentary seemingly concocted for the purpose of branding Philippe Karsenty -- and anyone who challenged the al-Durra story -- as conspiracy-theory crackpots.

Mr. Enderlin is the dean of French Middle East reporting. On France 2, he has full latitude to present his editorializing as factual news. Pointedly ignoring the al-Durra controversy, France 2 continued to give Mr. Enderlin -- in tandem with cameraman Talal Abu Rahma -- high-profile status on primetime news. Every few years Mr. Enderlin collects his material into another "authoritative" book on the Arab-Israeli conflict. Mr. Enderlin has been the driving force in convincing French public opinion that Israel was to blame for the breakdown of the July 2000 Camp David talks. Further, Mr. Enderlin argues that the "Al Aqsa" or second intifada turned violent because of the disproportionate repression of civilian protest by uncontrolled Israeli military personnel.

Mr. Enderlin claims ultra-Zionist Likudniks want to prevent him from reporting objectively on the Arab-Israeli conflict. He is now replaying the Karsenty case on his French state-TV blog where, in the absence of the wise Judge Trébucq, he wins hands down. He claims the al-Durra controversy was fomented in response to the publication of "Le Rêve Brisée" (Shattered Dreams), where he pinpointed Israel's responsibility for the collapse of the peace process. (http://blog.france3.fr/charles-enderlin/index.php/2008/05/25/72983-quelques-verites-sur-la-campagne-de-desinformation-et-de-diffamation-contre-france-2-et-moi-meme)

France Télévisions director Patrick de Carolis and the CSA -- roughly equivalent to the U.S. Federal Communications Commission -- have been repeatedly called by media watchdogs to intervene in the al-Durra controversy. Can they all remain deaf to the wisdom of a courageous judge who has reasserted the journalist's responsibility to serve the people and account for the way he does his job?

Ms. Poller is an American writer living in Paris since 1972.

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The IDF’s Minorities in Numbers and Pictures

In honor of IDF Diversity Week, we present diversity through numbers and pictures. Each year, more and more Muslims, Christians, Druze, Bedouin and immigrants from around the world take on the responsibility of defending Israel.

MUSLIMS:

Muslim Arab Israelis are not required to draft in the IDF, but there are many who volunteer. In 2013, there were over 200 Muslims serving in the IDF and over 300 in the reserves.

Bedouins:

Bedouins are nomadic Muslims who were in Israel when modern borders were set in place and are now considered Israeli citizens. They are not required to draft but a growing number choose to enlist. In 2012, there were over 1,400 Bedouin Muslim soldiers doing regular IDF service and almost 1,500 in the reserves.

Read more:http://www.idfblog.com/2014/02/27/truth-idf-numbers-pictures/#more-34027

Are you aware that in 2013, Middle class taxes go up-significantly?

In January of next year, the federal income tax rate for middle-class taxpayers is scheduled to rise from 25 percent to 28 percent, and the payroll tax is scheduled to rise from 13.3 percent to 15.3 percent… This drives the marginal tax rate based on the aforementioned three taxes to 48.12 percent. Add in state and local property, corporate, excise, and other state and local taxes, and the percentage of each additional dollar that is taxed hovers around 50 percent… When half of each additional dollar earned is taxed away, taxpayers experience a disincentive to start businesses or expand existing ones. This leads to fewer jobs being created.

Why is HAMAS Inside Tampa Schools?

Clare Lopez

Kelly Miliziano, who teaches history classes at Steinbrenner High School in the Tampa, Florida area apparently thinks it’s perfectly OK to invite a senior official of a HAMAS-affiliated organization into her classroom to discuss Islam with her students. According to local media reports, not only has this been going on for years, but in spite of the civil and criminal proceedings that could result from such reckless negligence, the Hillsborough County school superintendent, Mary Ellen Elia, and the chairman of the school board, Candy Olson, also expressed approval for students under their responsibility to be exposed repeatedly to guest speaker, Hassan Shibly, who is the Executive Director for the Council on American-Islamic Relations (CAIR) in the Tampa area.
More...

Did You Know... Ignoring the Call to Islam will Bring Jihad

‘Conquest through Da’wa [proselytizing] that is what we hope for. We will conquer Europe, we will conquer America! Not through sword but through Da’wa.’
-- Yousef al-Qaradawi , Muslim Brotherhood spiritual leader The Arabic word ‘Da’wa’ means the “call to Islam.” But do not think that Da’wa is the same thing as an invitation to an optional holiday event. The classical Islamic doctrine of jihad mandates that enemies must be given the opportunity to convert to Islam or pay the jizya tax before it is permissible to attack them.
Clare M. Lopez

Who is being discriminated-facts tell the truth

Religious bias

Hate crimes motivated by religious bias accounted for 1,409 offenses reported by law enforcement. A breakdown of the bias motivation of religious-bias offenses showed:

65.4 percent were anti-Jewish.
13.2 percent were anti-Islamic.
9.5 percent were anti-other religion, i.e., those not specified.
4.3 percent were anti-Catholic.
3.8 percent were anti-multiple religions, group.
3.3 percent were anti-Protestant.
0.5 percent were anti-Atheism/Agnosticism/etc.

http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2010/narratives/hate-crime-2010-incidents-and-offenses.

On March 31, 1977, the Dutch newspaper Trouw published an interview

with PLO executive committee member Zahir Muhsein. Here's what he said:

"The Palestinian people does not exist. The creation of a Palestinian state is only a means for continuing our struggle against the state of Israel for our Arab unity. In reality today there is no difference between Jordanians, Palestinians, Syrians and Lebanese. Only for political and tactical reasons do we speak today about the existence of a Palestinian people, since Arab national interests demand that we posit the existence of a distinct "Palestinian people" to oppose Zionism.

For tactical reasons, Jordan, which is a sovereign state with defined borders, cannot raise claims to Haifa and Jaffa, while as a Palestinian, I can undoubtedly demand Haifa, Jaffa, Beer-Sheva and Jerusalem. However, the moment we reclaim our right to all of Palestine, we will not wait even a minute to unite Palestine and Jordan."

In March 1977, Zahir Muhsein, a PLO executive, said:

"The Palestinian people does not exist. The creation of a Palestinian state is only a means for continuing our struggle against the state of Israel for our Arab unity. In reality today there is no difference between Jordanians, Palestinians, Syrians and Lebanese. Only for political and tactical reasons do we speak today about the existence of a Palestinian people, since Arab national interests demand that we posit the existence of a distinct Palestinian people to oppose Zionism."

"For tactical reasons, Jordan, which is a sovereign state with defined borders, cannot raise claims to Haifa and Jaffa, while as a Palestinian, I can undoubtedly demand Haifa, Jaffa, Beer-Sheva and Jerusalem. However, the moment we reclaim our right to all of Palestine, we will not wait even a minute to unite Palestine and Jordan."

The Arab Apartheid

Ben-Dror Yemini
In 1948, the Arab countries refused to accept the UN partition proposal and they launched a war of annihilation against the State of Israel which had barely been established. All precedents in this matter showed that the party that starts the war - and with a declaration of annihilation, yet - pays a price for it. Between 550,000 and 710,000 Arabs fled because of the war and a larger number of 850,000 Jews were expelled or fled from Arab countries (the "Jewish nakba").
Population exchanges and expulsions were the norm at that time, occurring in dozens of other conflict points and affecting about 52 million people. In all the population exchange precedents that occurred during or at the end of an armed conflict, there was no return of refugees to the previous region, which had turned into a new national state.
Only the Arab states acted completely differently from the rest of the world. Instead of assimilating the refugees, they crushed them despite the fact that they were their coreligionists and members of the Arab nation - instituting a regime of apartheid. So the "nakba" was not caused by the actual dispossession, which had also been experienced by tens of millions of others. The "nakba" is the story of the apartheid, oppression, abuse and denial of rights suffered by the Arab refugees at the hands of the Arab countries. (Maariv)

International Law and Military Operations in Practice - Col. Richard Kemp

"Islamist fighting groups study the international laws of armed conflict carefully and they understand it well. They know that a British or Israeli commander and his men are bound by international law and the rules of engagement that flow from it. They then do their utmost to exploit what they view as one of their enemy's main weaknesses. Their very modus operandi is built on the correct assumption that Western armies will normally abide by the rules, while these insurgents employ a deliberate policy of operating consistently outside international law. "

Lost Historical Moments

What Rabin’s last Knesset speech really said:repudiation of a Palestinian state

Rabin ruled out a fully sovereign Palestinian state :

“We view the permanent solution in the framework of State of Israel which will include most of the area of the Land of Israel as it was under the rule of the British Mandate, and alongside it a Palestinian entity which will be a home to most of the Palestinian residents living in the Gaza Strip and the West Bank. We would like this to be an entity which is less than a state, and which will independently run the lives of the Palestinians under its authority.”

Rabin ruled out a total withdrawal from Judea and Samaria and thus a return to the pre-June 1967 borders :

“The borders of the State of Israel, during the permanent solution, will be beyond the lines which existed before the Six Day War. We will not return to the 4 June 1967 lines.”

Rabin ruled out withdrawing form the Jordan Valley:

“The security border of the State of Israel will be located in the Jordan Valley, in the broadest meaning of that term.”

Rabin ruled out uprooting settlement blocs, like the Gush Katif bloc in Gaza (which was subsequently uprooted by former Prime Minister Ariel Sharon):

“The establishment of blocs of settlements in Judea and Samaria, like the one in Gush Katif.

AND

Rabin ruled out removing any settlement before coming to a full peace agreement with the Palestinians:

“I want to remind you: we committed ourselves, that is, we came to an agreement, and committed ourselves before the Knesset, not to uproot a single settlement in the framework of the interim agreement, and not to hinder building for natural growth.”

Rabin insisted on Israel retaining full security control of the borders with Egypt and Jordan, contrary to Israel’s relinquishment of the Philadelphia Corridor on the border with Egypt:

“The responsibility for external security along the borders with Egypt and Jordan, as well as control over the airspace above all of the territories and Gaza Strip maritime zone, remains in our hands.”

Correcting Oslo Myths-Part 2

3) Kuttab laments that the post-1993 Oslo process resulted in a Palestinian Authority "whose ministers and legislators are not guaranteed passage between Gaza and the West Bank ...."

Before free passage or other perquisites, PA leaders were obligated, among other things, to eliminate the terrorist infrastructure in the West Bank and Gaza Strip, end anti-Israeli, antisemitic incitement in schools, mosques, and communications media, and resolve all outstanding issues through peaceful negotiations. They met none of these commitments, sometimes bolstering terrorism and greatly increasing incitement.

4) Kuttab complains that under Oslo the PA got "lightly armed police ---- but no real sovereignty over the land or contiguity between our communities in Gaza and the West Bank."

Oslo agreements repeatedly were revised, regardless of Palestinian non-compliance, until the authorized number of police grew from 8,000 to 40,000. Though they were to be the only armed forces in the territories, Israeli estimates early in the second intifada put the number of gunmen - police, "security services," terrorists, and armed gangs - at 85,000. Their armament reportedly included not only heavy machine guns and rocket-propelled grenades, but also anti-tank and anti-aircraft missiles.

Sovereignty was to be negotiated in the envisioned 1998 "final status" talks - after a five-year period of confidence-building. Palestinian leadership chronically undermined the process. Palestinian terrorism made the 1993 - 1998 Oslo period more deadly for Israelis than the 15 years preceding it.

The United States doesn't have contiguity between the lower 48 states and Alaska and Hawaii; territorial contiguity between the West Bank and Gaza Strip - that is, through the 20 miles of Israeli territory between them - was never promised and would destroy Israeli contiguity.

5) "Palestinians have been made to endure hundreds of checkpoints in the West Bank, an eight-foot wall deep in our territories, and tight Israeli control over borders."

The security barrier is not "deep in Palestinian territories," but rather encompasses less than 8 percent of Judea and Samaria, and is mostly a fence, rarely a wall; the land in question is not "our [Palestinian] territories" but disputed territory to which, according to the authors of U.N. Security Council Resolution 242, Jews as well as Arabs have claims; and there are no international borders, only the 1949 armistice lines with Jordan. Under 242, borders remain to be negotiated. As for checkpoints - like the security barrier and "tight Israeli control" - Palestinian Arabs precipitated these measures themselves. No terrorism and there would be no fence or tight Israeli control and few checkpoints - like before the first intifada.

Correcting Some Oslo Myths

1) In Oslo "Israeli, Palestinian and other world leaders promised that ... Palestinian sovereignty would be solidified."

No, they didn't. The 1993 Declaration of Principles and subsequent Oslo agreements outlined a process by which final status negotiations about the West Bank and Gaza Strip would be reached. The process required an end to anti-Israel terrorism and incitement and a commitment to peaceful negotiations. The PA, Fatah, Hamas, Islamic Jihad, the Popular Front for the Liberation of Palestine, and other terrorist groups, sabotaged the process from the start.

2) "The reality is that, in defiance of U.N. Security Council Resolution 242, which states that it is inadmissible to occupy land by force, Palestinian territories are still under foreign military occupation."
Wrong again. Resolution 242 (1967) does note "the inadmissibility of the acquisition of territory by war." It also affirms the right of every state in the area "to live in peace with secure and recognized boundaries free from threats or acts of force." There were no "Palestinian territories." Jordan occupied the West Bank, Egypt controlled Gaza. Israel did not have "secure and recognized boundaries," so retention of some of those territories was possible under 242. Israel is not a "foreign" military occupier in the West Bank but, pending final negotiations, the lawful military administrator as a result of a successful war of self-defense.

Doc's Talk