Media Lies About 'International Law'

In making false accusations against Israel, news organizations gave Trump a political victory that he didn't earn.

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It’s a perfect example of media malpractice. There’s a cardinal rule in news agencies that when a person or entity is accused of violating a law, you emphasize that the violation is “alleged.” But not for Israel. For decades, news organizations have been accusing Israel of violating international law by allowing people to live in parts of the West Bank, as though that’s a fact. It isn’t.

It’s yet another way that news organizations follow standards and practices that radicalize people against the tiny Jewish state.

In Episode 3 of my new podcast They Stand Corrected, I explain this — and how the media has also been wrong about the U.S. position on this issue. In its journalistic failure, the media gave Trump a political victory that he never actually earned.

The show is designed to be listened to, not read, so there aren’t transcripts here. But for listeners, here are links to some sources I mention, and additional info beyond what I had time to discuss in the show. To support They Stand Corrected, become a paid subscriber here! You’ll be able to post ideas, comments, suggestions, and questions, and access additional content.

Links for listeners

-As I explain in the episode, the question of whether Israeli settlements in the West Bank violate any international law is unclear. For some legal arguments on this, here’s a column by a law professor at George Mason, Eugene Kontorovich, in the Wall Street Journal. And here’s another by Mark Goldfeder of Emory, at CNN.com.

-Those trying to cite U.N. votes don’t know what international law is. As the U.N. itself explains, those votes are non-binding. They are not “international law.” (Resolutions passed under something called Chapter VII are considered binding, but I went through all of those and none of them are about Israel or the West Bank.)

-The same goes for the International Court of Justice, which provides non-binding opinions known as Advisory jurisdiction.

-Where does the U.S. stand on this question? The media has long cited a 1978 memo by a Carter administration official as though it somehow establishes a lasting U.S. “policy.” In reality, just a few years later, President Reagan said the settlements are “not illegal.” The Reagan library sent me some photos from that interview:

There is no sign that any presidential administration contradicted Reagan’s position… until 2016.

-In a recent State Department briefing, AP reporter Matt Lee explained that actually, that 1978 memo did not even declare the settlements to be illegal anyway. “Inconsistent with international law” did not mean “illegal.”

-The media should only seek opinions from people who know the facts. How is that not obvious? In the episode, I mention my newborn son’s need for major heart surgery, and how I of course only wanted opinions from experts. Here’s the ABC story that quoted me when Jimmy Kimmel shared the news about his son.

What you can do

When you see any news agency declare that Israeli settlements in the West Bank violate international law, feel free to send text like this to its top executives and editors:

Isn’t it a cardinal rule of journalism that you say a person or entity are accused of breaking a law, rather than declaring that they did? As the podcast They Stand Corrected has explained, this question involving Israel and the West Bank is a matter of opinion among legal scholars. It has not been determined conclusively. Your declaration that these settlements violate international law is not factual. I expect a correction.

Also, you can send me links to check out. I reach out to news executives all the time. If you’re a paid subscriber, you can include links along with your comments and questions right here in this post! (If you’re not, feel free submit the form via my website, which will have you confirm your email address.)

I’m preparing an episode focused on answering your questions, so send away. The responses to the podcast so far are amazing. I’m so grateful. Thank you.

And to those who celebrate, Happy Passover!

joshlevs

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