Analysis from Israel

One of the worst things about many “human rights” organizations is the way they actually undermine some very fundamental human rights. A prime example is B’Tselem’s new report on Palestinian civilian deaths during this summer’s war in Gaza. Few people would disagree that the presumption of innocence is an important right, but when it comes to Israel, B’Tselem simply jettisons it. In fact, the group states with shocking explicitness that it considers Israel guilty until proven innocent.

Take, for instance, one incident the report discusses, an attack on the a-Dali building in Khan Yunis. B’Tselem doesn’t mention any combatants being present, but an alert Jerusalem Post reporter recalled that Amnesty International had identified one fatality as a combatant. He asked about this discrepancy, and here’s his account of B’Tselem’s response:

Without addressing the specific incident, a B’Tselem representative said there were cases where the group suspected that fighters may have been involved, but it was only reporting their involvement where the evidence was hard and clear.

In other words, if B’Tselem isn’t certain whether the victims were combatants or civilians, it lists them as civilians and then accuses Israel of war crimes. In fact, it does this even if it “suspects that fighters may have been involved.” In short, it presumes Israel’s guilt unless proven otherwise.

Moreover, the report stressed repeatedly that B’Tselem “has no way of knowing” why Israel struck any particular target, and evidently, it doesn’t care. But as NGO Monitor pointed out, the “why” is crucial: If, say, the building was used to store weapons or launch rockets at Israel, then it was a legitimate military target. Without knowing whether the building was targeted legitimately or indiscriminately, it’s impossible to accuse Israel of war crimes–unless, of course, you simply presume Israel’s guilt.

But B’Tselem goes beyond merely presuming Israel’s guilt; it also deliberately omits exculpatory evidence. Take, for instance, the attack on the Kaware home in Khan Yunis. As the report accurately says, the family left after receiving an IDF warning, but other civilians subsequently entered, and the IDF realized this too late to abort its strike. What B’Tselem left out, however, was that those civilians came deliberately to serve as human shields for the building, which the IDF claimed was a Hamas command center. The surviving Kawares said this explicitly, and several prominent media outlets reported it at the time. “Our neighbors came in to form a human shield,” Salah Kaware told the New York Times. Yet this all-important fact–that civilians had deliberately returned to serve as human shields, a development the IDF couldn’t have predicted–was simply omitted from the report.

The same goes for the bombing of Beit Lahiya. As the report correctly notes, the IDF warned residents to evacuate, and many did. But others stayed, and some were killed. B’Tselem blames the IDF for this, saying, “Many had nowhere to go, as the military was conducting strikes throughout the Gaza Strip.”

But Palestinian human-rights activist Bassem Eid offered a very different explanation in a lecture at last month’s Limmud conference in England. According to his sources in Gaza, armed Hamas gunmen arrived and warned that anyone who left town would be considered a collaborator. And Hamas, as is well known, executes collaborators. So faced with a choice of certain death at Hamas’s hands or possible death at the IDF’s hands, residents who encountered those gunmen returned home.

Perhaps B’Tselem truly didn’t know this–in which case either its research is shoddy or its sources in Gaza are unreliable. Or perhaps, as in the Kaware case, it deliberately omitted this information. But either way, the result is the same: B’Tselem blamed Israel for a crime actually committed by Hamas. Had Hamas not prevented the evacuation, those civilians wouldn’t have died.

The report did acknowledge that Hamas stored arms in civilian buildings, launched rockets from civilian areas, and otherwise violated international law; it even admitted that this made it “extremely challenging … to avoid harming civilians.” So how was Israel supposed to have surmounted this challenge? That’s not B’Tselem’s problem; it “does not purport to offer the Israeli government or the military any operative plans for conducting armed conflict in Gaza.”

In other words, it admits that preventing civilian casualties under these circumstances is nearly impossible, but declares that unless Israel can accomplish the impossible, it effectively has no right to defend its citizens against a terrorist organization. And self-defense may be an even more fundamental human right than the presumption of innocence.

But in B’Tselem’s view, evidently, Israelis have no rights. They are only and always guilty.

Originally published in Commentary on January 28, 2015

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Germany Redefines Most Anti-Semitism Out of Existence

Last week, the German Interior Ministry released a report on anti-Semitism which stated that during the first eight months of this year, a whopping 92 percent of anti-Semitic incidents were committed by right-wing extremists. That sounded suspicious for two reasons, which I’ll get to later, but since I don’t speak German, I couldn’t scrutinize the report for myself. Fortunately, the German daily Die Welt found the results equally suspicious, and this week, Benjamin Weinthal of the Jerusalem Post reported on some of the problems it flagged.

Weinthal explained that in a federal report on anti-Semitism issued by the German government earlier this year, “the crime of ‘Jew-hatred’ is classified in the category of ‘politically motivated right-wing extremist crime.’” But once Jew-hatred has been declared a right-wing crime by definition, most of its perpetrators will inevitably be classified as far-right extremists, even if they shouldn’t be.

Die Welt cited one particularly blatant example from summer 2014 when Israel was at war with Hamas in Gaza. The war sparked numerous anti-Israel protests, and during one, 20 Hezbollah supporters shouted the Nazi slogan “Sieg Heil” at pro-Israel demonstrators in Berlin. Hezbollah supporters are Islamic extremists, not neo-Nazis, even if they chose to taunt German Jews by hurling Nazi slogans at them. Nevertheless, the incident was classified as a far-right extremist crime, thereby neatly removing a case of Islamic anti-Semitism from the statistics.

There are two good reasons for thinking the linguistic acrobatics, in this case, represents the rule rather than the exception. First, a 2014 study of 14,000 pieces of hate mail sent over a 10-year period to the Central Council of Jews in Germany and the Israeli embassy in Berlin found that only three percent came from far-right extremists. Over 60 percent came from the educated mainstream–professors, PhDs, lawyers, priests, university and high-school students. And these letters were definitely anti-Semitic rather than merely anti-Israel; they included comments such as “It is possible that the murder of innocent children suits your long tradition?” and “For the last 2,000 years, you’ve been stealing land and committing genocide.”

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