Court Decision: I Would not Like to be Charles Enderlin

Here is a rough and rapid translation of the court’s decision (available in PDF in the original French: here.

Generally speaking, I think this is a devastating decision. The judges go out of their way to criticize everyone involved on the side of France2 (including some backhanded swipes at the lower court), but especially to point out the pervasive “incohérences” not only in Enderlin’s initial broadcast, but his subsequent explanations and actions. In particular, after emphasizing the sharpness of both Karsenty’s language and his accusations — which indeed are defamatory and strike at Enderlin’s and France2′s honor and reputation — the judges assert that, given the evidence he had every right to make these statements, in particular given the importance of the case, the damage it did worldwide, and the fact that Enderlin, as a professional of information with a high public profile has to expect to be subjected to this kind of criticism from co-citizens and colleagues.

Enderlin’s initial response to the court’s decision is an illustration of how he presents reality in a partial way. The analogies between this and the case of Oscar Wilde a century ago are haunting, including, I can imagine, France2′s lawyers saying to Enderlin, “is there any truth to the charges that you put up staged footage, and Enderlin responding, “absolutely not.”

I will make any appropriate corrections to the text that people send in, as well as add my own (and others’) comments in the coming days.

For those who have struggled for years with this case, given the cold shoulder by the MSM, and discouraged by Israel advocates both in Israel and outside, who experienced the stunning let-down of the first decision, this comes as something of a spectacular vindication of our intuition that the emperor was indeed naked. I must confess personally that to see a legal decision that is so “right on”, that so ringingly defends the principles of justice, critical analysis, and the freedom to rebuke public figures, is balm to a troubled soul.

Maybe Europe is not lost. At the moment, French justice just lit a beacon to show the way. Will the public notice?

Considering that from all these claims that Philippe KARSENTY, director of the “agence de notation” MEDIA-RATINGS, which he himself created to evaluate the trustworthiness of information disseminated in the news media, questions the work of FRANCE 2 and its Jerusalem correspondent, with the help of the methodological criteria for analyzing the media that he established;

That in his article dated 22 November, 2004, Philippe KARSENTY characterizes the reporting of Charles Enderlin as a disgraceful masquerade for public television and a deception that lay at the source of much violence the world over, and invoking the language of the polemic that he sustained for several years between FRANCE2 and the Israeli press agency MENA (“Metula News Agency”), which has accused the French station of broadcasting a fake;

That in terms of the elements which he had at his disposal, the accused affirms that the Paris correspondent in Jerusalem [Enderlin] gave a false report, which he takes apart in focusing on two different issues: on the one hand, the first fifty minutes of the report which consisted in a series of staged scenes that are pure fiction, on the other, the principal scene, of only a few minutes in length, which has major inconsistencies (incohérences) in terms of the commentary of FRANCE2;

That he questions as a result why Charles ENDERLIN who, in this matter, “fools himself and, as a result, fools us,” seeks to “conceal his imposture”;

That the accused author, in his letter of 26 November 2004, imputes to Charles ENDERLIN the act of disseminating a fake news report, by narrating the inconsistent document (i.e., footage of his cameraman, and imputes to the public television station the act of committing a media imposture in diffusing this report on the 30 of September 2000;

Considering the defamatory character of these accusations, which the tribunal (i.e. the first court) justifiably considered that the deed of knowingly fooling and disseminating and/or causing to disseminate a false report containing images that do not reflect reality, in representing a “false death”, even if the author took care to accompany his accusation with a certain number of explanations, unquestionably such an accusation strikes at the honor and reputation of information professionals, and that all the more when the defamatory deed is accentuated by the use of terms like “masquerade,” “imposture,” “deception,” to qualify the attitude of FRANCE2 and “staged scenes,” “pure fiction” to qualify the initial reporting;

Considering, that the accused gave fourteen pieces of evidence as proof of the truth of these defamatory claims, and requested the hearing of 3 witnesses capable, according to him, of proving that FRANCE2 put on the screen a dubious montage, widely contested at the time of its first broadcast, which permitted him to conclude that a manipulation of the report on these conditions of filming and on the reality of the scenes filmed by his cameraman, in particular concerning the death of Mohamed AL DURA;

But considering that, as the first judges recalled, to produce a exculpating effect provided for by article 35 of the law of 29 July 1881, the proof of the truth of the defamatory claims must be perfect, complete, and corresponding to the defamatory accusations in their materiality and their weight;

That in establishing that his offers of proof would establish “a dubious montage, widely criticized from the initial date of broadcast,” the accused could not pretend to demonstrate the fact that he knowingly diffused a false report, insofar as the first imputation constitutes at best a diminutive of the imputation pursued in court [??];

Considering that in the appeal, PK invokes essentially his good faith to justify the publication of his incriminating claims;

Considering that, if it is true that the criteria of good faith must, as noted by the first judges, be evaluated differently depending on the type of writing, the quality of the author, and notably with a greater rigor when the accused is an information professional or, as in this case, a critic of the media, it is incontestably legitimate for an “agence de notation” of the media, to inquire, whether the cause of the impact of these criticized images in the whole world, on the conditions in which the report in question was filmed and broadcast, and to bring the results of his inquiry to the awareness of the public as well as to submit them to the criticism of professionals;

Whereas Philippe Karsenty takes up subjects of general interest, such as the work methods of the media, and specifically, the public station, the power of images and the relevance of live commentaries, concerning the right of the public to serious information, which gives all its legitimacy to the publication of his research, Charles ENDERLIN can all the less try and avoid the criticism that targets him as a professional of information, correspondent in Israel and the Palestinian territories for the televised news of FRANCE2, broadcasting at hours of peak audience, and as such he exposes himself inevitably and consciously to the most attentive surveillance of his deeds and gestures by both his fellow citizens and his colleagues ;

Considering that, to justify the seriousness of his inquest, Philippe KARSENTY presented, in addition to the testimony of Luc ROZENZWEIG, Gerard HUBER, Frances BALLE and Richard LANDES appearing in the notes of the hearing of the tribunal, the pieces presented in the original hearing, as well as new pieces numbered 43-73, on which the essential, proceeding from the reporting of FRANCE2, concerns not the facts subsequent to the publication of the incriminated comments ; that it is appropriate, in this framework, to appreciate the validity of the inquest of the accused in terms, not of the demonstrative virtue of the truth of his defamatory imputations, but their value and the variety of the sources used, as well as their pertinence and their content ;

Considering that as the tribunal noted, the inquiry of Philippe KARSENTY brings up two major kinds of criticisms about the news report in question, on the one hand that Charles ENDERLIN presented incorrectly that the deadly fire was deliberate and from the Israeli position, on the other that the images of the death of the young Mohamed AL-DURA were fictional and did not correspond to the reality commented on by the journalist ;

That the author of these statements under accusation emphasizes the inexplicable incoherence of the visible images which, according to him, even involves the principal scene, on the absence of any probative value to the wounds of Jamal AL DURA presented by FRANCE2, and finally on the contradictory responses of Charles ENDERLIN to the questioning about his editing cuts of his montage, as well as those of his cameraman on the subject of the sequence of the scenes he filmed and the conditions of filming ;

Considering that it is established that Charles ENDERLIN was not witness to the events that he commented in “off [screen] narration, according to a procedure that is in no way contrary to the journalistic ethics, as long as, as in the case in question, FRANCE2 had indicated to the viewers, on October 1, 2000, that the death of the boy “had been filmed by Talal ABU-RAHMAH, [his] correspondent in Gaza, and October 2, that the cameraman “filmed the unacceptable”, which did not necessarily permit one to deduce that the commentator was not on the scene; that this fact led Philippe KARSENTY, without being able to figure out that the commented event was fake, to wonder about the concordance between the images chosen by the Palestinian cameraman (“I decide what’s important,” we hear him say in one of his interviews), and the commentary on these images by Charles ENDERLIN ;

That, if it is true that the authors of the two video documents (pieces 1 and 2), one produced by Esther SHAPIRA for the television station AFDD in March of 2002, the other, Al-DURA: the Inquiry, produced the following November by MENA using the declarations of Nahum SHAHAF, the designated director of a commission of inquiry initiated by the commander of the Southern zone, don’t draw the same conclusions from their viewing of the report, since the first favors the hypothesis of a stray Palestinian bullet while the second considers the whole scene staged, it does not matter that these theses are mutually exclusive, since the two documents led the accused, by successive stages, to question the report of FRANCE2 as to the reality of the facts reported by the professionals of information ;

That the thesis of MENA, the subject of a book by Gerard HUBER published in January of 2003 entitled Counter-Expertise of a Staged Scene (piece #3), which infers, from the fact that one sees young Palestinians taking advantage of the presence of cameramen to act out battle scenes and injuries, the fictive character of the death of the young Mohamed AL-DURA, taken up by Philippe KARSENTY, supports itself on the persistent reticence of FRANCE2 to allow the viewing of the rushes of their cameraman, on the imprudent affirmation by Charles ENDERLIN, that he cut out of his montage the images of the agony of the child, and on the declarations made by several journalists who had viewed the rushes ;

That it results from the testimony of Luc ROSENZWEIG, former editor in chief of le MONDE, who, after have met, in May of 2004, some colleagues who communicated to him their doubts about the report of Charles ENDERLIN having contacted subsequently Denis JEAMBAR and Daniel LECONTE, he viewed with these two, the rushes of FRANCE2 on 22 October, 2004, and was surprised to find that, out of the 27 minutes of rushes of Talal ABU RAHMA, more than 23 minutes of the filmed scenes had no relationship to the images broadcast by the station, that is of the scenes of the death of the “petit Mohamed”, and consisted in the playing of false scenes of war by young Palestinians; that the witness concluded his testimony to the first court that he was convinced that there was a greater probability that the scene was staged than the probability that the version presented by FRANCE2 was correct, while acknowledging that, as a journalist, “the criteria for going further were not available.”;

That this testimony was supported by the opinions, not contrary, of Daniel LECOMTE and of Denis JEAMBAR, expressed in the Figaro of 25 January 2005 (piece #16) and an interview broadcast on February 1, 2004 by the station RCJ (piece #4) ;

That the two journalists there declare without ambiguity that they told Arlette CHABOT about their “serious doubts,” but their “readiness to dismiss the accusations of ROSENSWEIG about the staging of the death of the child if the viewing of all the rushes of Talal ABOU RAMA confirms that Charles ANDERLIN [sic] declared at two occasions at lest, one of which to Telerama : “I cult the agony of the child. It was unbearable… it didn’t add anything,” and, having seen the rushes, noted that “this famous agony which Enderlin affirms having cut from his report does not exist.” ;

That they also observe that “in the minutes that preceded the gunfire, the Palestinians seems to have organized a staged scene, … playing at war with the Israelis and simulating in most of the cases, imaginary injuries,” and that the viewing of the full rushes demonstrates that at the moment when Charles ENDERLIN declares the boy dead… nothing permitted him to affirm that he was really dead and even less that he was killed by Israeli soldiers.” That according to them, the journalists from FRANCE2 assured them during the session in which they saw the rushes that, “their experts even showed that the boy was his by shrapnel (?) or by bullets that ricocheted off the pavement, bullets that, in any case, did not aim at the father or the son” ;

That it is true, that while they noted that their colleague should re cognize that he “extrapolated from the rushes and the version of events supplied by his cameraman,” and that the commentary on the Israeli barbarism “had nothing to do” with the images that went around the world, Denis JEAMBAR and Daniel LECOMTE effuse to fully adopt the thesis of the staging of the death of the child, that they support this decision of the film that Talal ABU FAMAH presented by FRANCE2 on the 18 of November 2004 to show that his injuries of the father corresponded exactly to the bandaging that he had the next day in the hospital of Gaza, without considering the possibility of a contradiction between the photos that were presented and their own observation in the rushes, that “the father wears a T-shirt on which one sees no trace of blood ;

Considering that Richard LANDES, journalist, professor at the university of Boston, heard as a witness by the first judges declared that, according to him, after having studied the rushes of Reuters and the report of Charles ENDERLIN, with whom he had discussions, that the probability of the death of the child presented by Enderlin was a staged scene were “over 95%” ;

Considering that, if none of the arguments of the accused – neither the conclusions of the inquiry conducted at the personal initiative of General SAMYA (counter-offer of proof #12), nor “the imprudent affirmation” of Charles ENDERLIN already discussed – seemed sufficiently decisive to the first judges to make a judgment about the disputed report, it seems on examination, in the case of the appeal, of the `18 minutes of rushes that Talal Abu RAMAH, communicated by FRANCE2 does not permit one from dismissing the opinion of the professionals heard during the course of the procedure or having given their contributions to the debate, theses attestations produced by the care of the cameraman (counter-proof, #5-10) cannot, on the contrary given their presentation as well as their content, be considered perfectly credible ;

That whereas no principle permits one to refuse without examination or explication any credibility to a document that does not have the authority of an official label or which acquires only small credit by the authorities, it is appropriate to note that the first declarations of the Israeli authorities, notably that of General EILAND were made only at the viewing of the FRANCE2 report ; that it is well known as Denis JEAMBAR and Daniel LECOMTE explained, the Israeli army almost never responds to anything: “it’s their choice of communication.”

Considering that in responding to Denis JEAMBAR and Daniel LECOMTE, in the Figaro of 27 January 2005, that “the image corresponded to the reality of the situation not only in Gaza, but also on the West Bank,” when the definition of a report is supposed to be the testimony of what the journalist heard or saw, Charles ENDERLIN recognized that the film that made the tour of the world and drew in its wake unprecedented violence throughout the region may not have corresponded to the commentary that he gave it, which is equally the opinion given by Daniel DAYAN, director of research at the CNRS and specialist of media, in his attestation (piece #5).

Considering that, on the matter of prudent expression, that it is appropriate to underline that the limits of admissible criticism are all the greater when the subject is of public interest and the accusations are laid out on a network of elements of inquiry and all the larger when the ones who are the object of the criticism are, by the function and activities exposed to the public ‘

That it is in this sense that it is appropriate to understand the claims of Francis BALLE, professor at the University of Paris II, specialist in image and information, who declared in front of the tribunal that it did not seem to him that in the exercise of his profession Philippe KARSENTY “crossed the yellow line” in using the incriminated terms to speak of a subject of public interest;

That, in effect, the accused recalls the events, relates the polemic, indicates that the MENA accused the French station of forgery, before giving his own analysis and his conclusions; that, in the context, he qualifies the episode as pure fiction, which is also sustained by several important signatures of the press and information who viewed the rushes in October 2004; that he then exposes, on the subject of the principle scene, in which he observed inexplicable inconsistencies (incohérences) and contradictions in the explanations on the agony of the child given by Charles ENDERLIN, that the latter is mistaken, which comes down to imputing to him a simple error, et “at the same time” leads the public into error, which appears to be a euphemistic formulation ; that in so concluding by a question on the reasons to “seek to cover this imposture,” Philippe KARSENTY takes up the core of the issue with a vivacity of expression that the importance of the question under debate must, nonetheless authorize;

Considering that the personal animosity towards the civil parties is not demonstration by the production of two attestations, one from Rene BACKMANN, the other from Francois RAIGA-CLEMENCEAU, after the inquiry that Philippe KARSENTY carried out, when the content of the article and the communiqué of the director of the agency of media oversight reveal no personal sentiment of hostility to Charles ENDERLIN or FRANCE2;

Considering that in the state of the elements of the current inquiry, which constitute a factual base sufficient to admit that the litigious claims, often close to a value judgment, could be expressed by the author of the incriminated article and the communiqué to treat subjects of interest as general as the danger of a power – in this case that of the press – in the absence of a counter-weight, and the right of the public to a serious information, there is good reason to decide that Philippe KARSENTY exercised in good faith his right of free criticism; that, in so doing, he did not transgress the limits of the freedom of expression recognized in article 10 of the European Convention of the Rights of Man, which cover not only information or ideas which are considered inoffensive or indifferent, but also for those that collide, shock, or disquiet;

That the decision of the first court is therefore invalidated, Philippe KARSENTY released from pursuit, and the civil parties denied their demands.

34 Responses to Court Decision: I Would not Like to be Charles Enderlin

  1. Vince P says:

    Great news.. I remember at one time the outcome of this case seemed doubtful… I am so glad that the truth has won.

  2. This is an astonishing document. It is a glimmer of faithful justice in a sea of post-modern cynicism; a respite from the onslaught of relativism and moral cowardice. Thank you to Philippe, RL and all the others who had the courage to lead this effort- and, of course, thanks to you Charles Enderlin, you were handed a rope and told to choose between telling the truth and hanging yourself- for you there was no choice-

  3. E.G. says:

    Thank you RL for your many decisive contributions to lifting the fog over this case.

    I’d like to comment on a few of your above comments on this ruling.

    RL: “Enderlin’s initial response to this text indicates just how little of reality he is able to register when his defensive screens are up.”
    May I suggest you drop this personal note or rephrase it less personally? This journalist states (on his blog) half the truth – exactly what you state above “In particular, after emphasizing the sharpness of both Karsenty’s language and his accusations — which indeed are defamatory and strike at Enderlin’s and France2’s honor and reputation”. And he does not agree with the Court that such accusations are an inherent part of his job. It’s this conception of a journalist’s job that is the point, rather than his capacities to deal with information with defensive shields on/off.

    RL:”discouraged by Israel advocates both in Israel and outside”
    I agree that it’s terribly frustrating to have both the will and the capacity to actively defend Israel and sense the unwillingness of those to whom you generously offer your help, to help you help them. Rightly or not, for many Israelis and Israel advocates the media arena (and especially the European one) is a sure-loss battleground. So it’s not worth investing any resources in there. Furthermore, it’s really hard for Israelis to conceive that Western, “free-world” democracies’ media do not operate in the same manner as Israeli media, where you’re free to express anything that comes to your mind – except from divulging information that threatens the state’ security *in the most restrictive sense of it* (e.g. Vanunu). This attitude, combined with super-high levels of self-criticism and the reluctant acceptance of being the world’s token Jew, may seem devastating for those outside Israel, but Israelis either don’t see it or theorise it (wrongly? rightly?) as part of their resilience mechanisms.

    RL: “Will the public notice?” Some public noticed and, judging from Le Monde subscribers’ comments (they’re the only ones authorized to post on the site), perhaps the more relevant question is how will those who notice interpret such a ruling? So far, most comments are the predictable “Jewish Lobby influence”, “Poor Palestinian robbed of their truth after being robbed their land and life by mean Western colonialists”. Perhaps a continuous flow of Op-Eds in different outlets, drawing attention to the general interest (i.e. journalistic ethics) of this specific case will trigger a greater public interest, a fair debate and, in time, a better understanding of the stakes.

    Augeas’ stables will not be cleaned by one court’s ruling that may be reversed in a few months. But this ruling has just opened a window in time and space, through which citizens should realize that at last they’re fully entitled to claim cleaner, less “smelly” media. May we all live to see that happen!

  4. JimK says:

    It would be true justice if a group of Isreali victims of the 2nd Intifada got together and sued France2 in a class action suit.

  5. Solomonia says:

    Landes Translates French Court Decision: ‘I Would not Like to be Charles Enderlin’…

    The translation is in, and the court’s ruling on the court controversy involving the Al-Dura fraud is very satisfying. Richard Landes has done a quick translation of the bulk of it. From his introduction: …Generally speaking, I think this is……

  6. oao says:

    Maybe Europe is not lost.

    Oh, but it is. This won’t save it. It’s too far gone.

    As I said, it’s a good development and those who put effort into it deserve high appreciation.

    But the trend is the trend.

  7. Richard Landes says:

    response to EG in italics

    RL: “Enderlin’s initial response to this text indicates just how little of reality he is able to register when his defensive screens are up.”
    May I suggest you drop this personal note or rephrase it less personally? This journalist states (on his blog) half the truth – exactly what you state above “In particular, after emphasizing the sharpness of both Karsenty’s language and his accusations — which indeed are defamatory and strike at Enderlin’s and France2’s honor and reputation”. And he does not agree with the Court that such accusations are an inherent part of his job. It’s this conception of a journalist’s job that is the point, rather than his capacities to deal with information with defensive shields on/off.

    Enderlin can define his job any way he wants to, just as he can produce the news any way he wants. But it’s his lack of capacity to realize that he moves in a larger world and that others — in this case important others — have significantly different opinions. For the longest time, Enderlin rode a wave of European anti-Zionism. Since he was a Jew, an immigrant to Israel, and served in the Israeli army, his nasty remarks about the Israelis offered the ideal front for European anti-Zionism and anti-Semitism. “This isn’t my opinion. I heard it from Charles Enderlin, and he’s an Israeli Jew who served in the IDF,” has long been one of the favorite comebacks of French anti-Zionists.

    What he has difficulty realizing is that in his eagerness to appeal to that appetite, he has turned his news reporting into a travesty. I sat in his office and when I pointed out that most of these scenes from Talal abu Rahmah, his trusted cameraman, were fake, he responded, “oh, they always do that. It’s a cultural thing.” He then proceeded to draw me a map of the intersection at Netzarim Junction so that the Israeli position was in the wrong place. This was almost certainly a dishonest rather than stupid mistake given the fact that he tells Stéphane Malterre in the Canal+ documentary that he went to Netzarim Junction shortly after the incident.

    The fact that the judges think that he should be subject to the critiques of his co-citizens and colleagues and he doesn’t illustrates to me how far out of touch with the basic realities of journalistic practice he’s become. The fact that for the last decade (and more) European journalists have not had to observe even the most basic principles of honest reporting from the Middle East because their audience so wanted grist for its own mills does not mean that

    a) these “mis-information induced fantasies of an ugly, imperialist Israeli Goliath and a brave, intrepid, crushed, Palestinian David have not had their impact, largely negative, on the real world in which they have played out (including the not-yet clear and present danger to Europe); nor does it mean that

    b) the courts, the public, the politicians will continue to tolerate the Augean Stables that journalists like Enderlin have created.

    And when that change occurs — as this decision may prefigure — Enderlin will not notice because he lives in such a profound state of denial. Just because he redefines the reality of journalism in a free society the way he redefined the Junction at Netzarim in his map to me (and apparently others) does not change the contours of either in the real world.

    If free and responsible journalism as first defined in the West survives the challenges of the early 21st century, Enderlin will become a by-word for what produced the crisis (on many levels), and the Al Durah Affair will be studied in Journalism 101 classes as the quintessential case of what went wrong (again, on many levels).

  8. Rivka Arieli says:

    Publicity for this landmark French court decision should be universal and front page in all responsible media.

    Richard, MAZEL TOV for all of your hard work, tenacity and clarity, and for that of Philippe Karsenty as well.

    May your rewards be greater care by all MSM in fact-finding before publishing.

  9. E.G. says:

    Reply to Richard Landes

    Enderlin’s opinions and identity are not relevant to his professional competence and output. Now, if he made the professionally wrong choice of mixing his identity and opinions with his reports, supposedly in order to increase his credibility and acceptability, he should be held responsible for it.

    I think that your initial comment (his ability to register) is not useful because it takes the argument to “judgemental” and personal grounds. It’s the kind of remarks that fuels the claims that “mean extremist lunatics” are after him because they don’t have the same agenda. That’s why I’d rephrase your initial comment (Enderlin’s initial response to the court’s decision is an illustration of how he presents reality in a partial way) – in order to keep the argument on professional grounds. Because we’re dealing with the “information professional”, not the individual.

    Differently put, whatever his/her skills, identity, and private opinions, a journalist should give the fullest, most accurate picture available and, like any other profffessional, be held accountable for his production, in terms of the output meeting professional standards.

  10. Richard Landes says:

    criticism accepted.

  11. Eliyahu says:

    There’s an issue here. Does Enderlin think and know that he’s lying OR is he too brainwashed for that OR is he so used to being praised by his crowd at France2 and Chirac d’Arabie [the title of a biog of Chirac] and the Arab public relations agents and the diplomats –not only French– that he has become arrogant and insensitive to complaints by those outside the magic circle??

    Maybe he is impervious to fact and reason. Or maybe he’s just a good dissembler. But I do think, EG, that enderlin has to be criticized by name –although he represents a wider phenomenon. Sometimes you just have to say the truth even if it annoys the object of criticism. Maybe it is necessary to annoy them.

  12. E.G. says:

    Eliyahu,

    Each one of us can formulate many hypotheses on Enderlin’s frame of mind, intentions, openness etc., but none of these inferences can be validated, and even if one were to submit this individual to psychological examination, what would be gained? Ad hominem attacks can be annoying but I’m opposed to such methods. Why demolish that person? Because he’s done harm? Is his mentality a sufficient proof? Or do you want to drag him to the public place for a medieval-stalinist kind of trial?

    Enderlin chose to attack some of his detractors in court so, inevitably he’s opened the door to nominal criticism. My point is that the criticism should remain within the boundaries of the professional sphere. Because as an individual he’s entitled to his own opinions, acts and interpretations. It’s his boundary-crossing (introducing his views into professional reporting) that is criticizable. And I find such criticism fair and annoying enough.

  13. E.G. says:

    RL,
    Thank you, glad to contribute my tiny share.

  14. Tom Garvey says:

    For the sake of argument, I’d give Enderlin and France2 the benefit of the doubt on their initial Al-Durah reporting. Honest mistakes and errors of judgement happen. Major media news culture is a big enabler in that regard.

    Instead, I judge them by the manner in which they conducted themselves in the aftermath: despicable.

  15. [...] UPDATE: You can read an English-language translation of the judge’s ruling here. [...]

  16. Eliyahu says:

    EG writes about Enderlin:
    as an individual he’s entitled to his own opinions, acts and interpretations

    But he doesn’t have the right to inflict falsehoods on others even if he sincerely believes them [in some form of Orwellian doublethink or what Professor Paul Eidelberg of Jerusalem calls "demophrenia"]. Karsenty called in 2004 for enderlin to be dismissed from his job as correspondent for France2 in Israel. I endorse that call. Individuals have a right to all sorts of kooky opinions, etc. But enderlin doesn’t have an automatic right to be THE chief France2 correspondent in Israel. If he is not dismissed, then that means that France2 has a policy to protect and promote certain lies, lies such as those spread about Little Saint Muhammad al-Durah starting in September 2000.

    Little Muhammad ought to be considered equivalent to Little Simon of Trent, a boy actually killed, so it seems, who became the focus of a medieval blood libel, or Little Hugh of Lincoln perhaps. After all, the Al-Durah blood libel took the form of a medieval Christian blood libel meant to be consumed, first of all, by the West. The anomaly is that Little Muhammad is a Muslim but that’s not essential. The “palestinian people” was already being perceived, before 2000, among many in the West as a collective Jesus. One of the purposes of inventing the “palestinian people” notion was to facilitate and promote such identifications.

  17. A Soudry - says:

    Karsenty 2008 Dreyfus?

  18. AT says:

    At some level, the court decision doesn’t matter. Whoever gains control of how the court case is reported will end up winning, regardless of the verdict.

  19. Will48 says:

    The Israelis that don’t want to be helped –

    are all leftists. Brainwashed by “peace” black propaganda. Were raised by leftists parents far gone long ago to the enemy’s side, having accepted the enemy’s outlook on the situation, the enemy’s “narrative” of “peace”. All (most) of Israel’s foreign service beaurocracy, journalists, TV people, prosecutors, judges, business tycoons (heirs to the Paty leaders of 50s and 60s).

    That’s no “coping mechanism”, that’s the delusional denial mechanism.

    They want “peace” so bad, they can’t criticize their “partners in peace” because there won’t be any to make the “peace” with.

    Proving the barbarism and depravity of “Philistinians” directly contradicts their goal of giving them the Land of Israel (part of it anyway). That it is thus anti-Israeli doesn’t concern them. They see it as a local disturbance, sure to be overcome.

    They are arrogant that way.

    The truth of the matter is, there isn’t a freedom of discussion in Israeli mass media for the last 13 years. No one opposed to the “peace” vector is allowed on. The information field is under total control of the Left and right-leaning politicians are kept in check by total fear of frivolous prosecutions on trumped-up charges and campains of mocking and derision in the mass media which are magically turned off as soon as the man in question starts to tow the line.

    At times I wonder, is it Israel that’s already too far gone? It used to be the case that people knew what’s going on despite the media. With all this brainwashing I’m not so sure anymore.

    The Israeli ruling elites today are in deep denial about their own Jewishness. They want “to be like all other nations”, they crave to become normal, accepted, non-Jewish “Israelis”, hence the perception filter. The blood libel of ad-Dura? — “bubkes”, “it’s nothing”, “it doesn’t matter what they say, but matters what we do” etc. the various usual idioticisms.

    This denial leads to the arrogance towards blood libels of Arab lies and propaganda. Since they are directed at the Jews, the ruling Israeli elites do not take them as a personal affront, only as a nuisance, a sideshow.

    That’s my impressions anyway.

  20. Will48 says:

    “narrative” of “occupation” I should’ve said.

  21. E.G. says:

    Eliyahu,

    I agree with you.
    You and I, blog commentators, can/may write anything, be it silly, funny, offending, useful, intelligent, off topic etc. And so can Mr. Enderlin – but only when he is off his present job. When he’s doing his job he is bound by his profession’s ethics code, which does not allow him to disseminate his views as facts, nor distort facts so that they match his view .

    As much as I’d like to see Enderlin replaced, it’s unrealistic – if only due to French Labor law (unless someone can prove he’s committed a huge professional mistake). He’ll retire in a few years and use his fame to advance his agenda (as senior knowledgable expert). And smearing the individual will only enhance his status among his many afictionados (who adore victims).

  22. oao says:

    At some level, the court decision doesn’t matter. Whoever gains control of how the court case is reported will end up winning, regardless of the verdict.

    Bingo.

    And the proneness of the audience to think independently and critically. Which is sorely lacking due to the collapse of education. We now have training and indoctrination, not education.

    oao
    http://fallofknowledgeandreason.blogspot.com/

  23. oao says:

    That’s no “coping mechanism”, that’s the delusional denial mechanism.

    Reveals that the world has managed in 60 years to return the jews to what they were throughout the history, despite their having a country now: appeasers to be allowed to live.

    Had the west not been treating Israel they way they do, you wouldn’t have had this kind of Israel. The the philistinians would have self-destructed a long time ago were it not for being saved by the west umpteen times, to its own destruction.

  24. Soccer Dad says:

    How significant was the al-dura verdict?…

    Richard Landes comments on the court’s decision in the Karsenty/Enderlin case. Generally speaking, I think this is a devastating decision. The judges go out of their way to criticize everyone involved on the side of France2 (including some backhanded …

  25. J.E.F. says:

    Congratulations Richard.

    Thank you for your long struggle to uncover the truth about Al Dura.
    How gratifying it is to see the truth finally recognized in the French courts.

  26. Will48 says:

    “saved by the west … to its own destruction.”

    first Israel though, courtesy of US taxpayer money having financed both PLO directly and Hamas indirectly through the UN. Having financed the jihadi “freedom fighters” in Kosovo and Bosnia (with full cooperation with the Iranians) as well as in Afghanistan (full half year *before* the Soviet “invasion”). Having brought down the Shah and Khoumeini up to power. Having provided cover for Arafat in 1983 in Lebanon, then fleeing.

    Having just now betrayed democracy in Lebanon to its Iranian overlords, just as before that betraying “their allies” the South Vietnamese to be overrun by communist dictatorship.

    Come to think of it, not many “allies” of the US weren’t betrayed by them, except for South Koreans and, of course, the Germans (there’s the worthy cause for you). Who’s to say Israel won’t be next, all with your Mearsheimers and Wolts, Brzezinskys, Carters and Obamas.

    Many will rejoice.

  27. Will48 says:

    … except for South Koreans (yet) …

  28. oao says:

    will48,

    islamism is not winning, the west is losing, it self-destructs.

    except for South Koreans and, of course, the Germans (there’s the worthy cause for you).

    Just watch.

    Who’s to say Israel won’t be next, all with your Mearsheimers and Wolts, Brzezinskys, Carters and Obamas.

    It already was next.

  29. [...] written decision that was handed down by the Appeals Court (English translation here) reviewed the weight of the evidence and invalidated the decision of the first [...]

  30. [...] rough translation by Richard Landes of the French text of the final judgment of Philippe Karsenty’s court case makes damning [...]

  31. [...] viewed much of this evidence, the judges wrote: The accused [Karsenty]… qualifies the episode as pure fiction, which is also sustained by [...]

  32. [...] thing for a lawyer defending his client, or the client, to so misrepresent the thrust and tone of a document, but for journalists to do so calls into question the very issue of “good faith” which they [...]

  33. Brandon says:

    I have no idea what I just read (well some, but not enough to understand it in detail).

    I’m not criticizing you for adding your opinion on it, but for those of us who don’t know the details of the case it simply makes no sense.

    Does anyone have a link to a summary of this?

  34. [...] והפכו לסמל לאומי פלסטיני, זויפו. השופטים כתבו פסק דין קטלני: הם קבעו שדבריו של קרסנטי הם דיבה והוצאת שם רע – ושהם [...]

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