Category Archives: al Durah Affair

Enderlin Defends Himself: What Planet is he on?

Charles Enderlin has responded to Elie Barnavi’s article in Marianne at his blog. It is vintage Enderlin — no real evidence, just indirect logic. If the Shabak doesn’t think he’s a criminal, then he isn’t; if Israeli journalists visited him in the hospital and the King of Jordan shook his hand, then he’s not a faker… I present below the French, followed by my translation and comment. I recommend visiting Enderlin’s blog, where he has an exchange with one of his critics, a Fracophone Israeli blogger named Victor Perez.

Cher Elie Barnavi

Vous avez toujours su défendre avec talent les positions israéliennes et j’attendais votre intervention dans ce débat avec curiosité, mais, là, vous m’avez étonné. Ancien ambassadeur, vous avez certainement un niveau d’habilitation « sécuritaire » vous permettant l’accès à certains dossiers du Shabak, le service de sécurité intérieur israélien. Un simple coup de fil à Tel Aviv vous aurait évité de publier des inexactitudes. Pour le Shabak, Talal Abou Rahmeh qui a filmé la mort de Mohammed A Dura n’est pas un propagandiste palestinien et n’est soupçonné d’aucune activité subversive anti-israélienne comme vous l’affirmez. La réponse que nous avons reçue de ce service – et d’autres – lorsqu’il a fallu obtenir pour Talal une autorisation d’entrée en territoire israélien était la suivante : « Il est blanc comme neige ». Les accusations que vous portez contre lui sont fausses et inadmissibles.

Vous mettez en doute la crédibilité des rushes tournés par Talal. Là aussi, je dois prouver que l’absurde est faux. Que des images tournées par un cameraman sous le feu ne sont pas l’équivalent d’une caméra de surveillance, comme dans un super marché… Oui, Talal n’a filmé que ce que les circonstances permettaient. Ces scènes d’Intifada ont également été tournées par d’autres cameramen qui se trouvaient sur place, notamment d’Associated Press et de Reuters.. De nombreux confrères y étaient dés le lendemain, le 1er octobre 2000, ainsi que les jours et les semaines suivantes. Plusieurs se sont retrouvés, couchés au sol, entre deux feux. Nous avons présenté à la justice des témoignages qui contredisent l’opinion de vos « experts » parisiens. Pourquoi vous contentez-vous de l’avis de gens qui n’ont jamais mis les pieds à Gaza ou assisté à ce genre d’affrontement ? Pour notre part, lorsque cette campagne de diffamation a débuté, nous avons présenté les images à un médecin légiste qui a conclu que les mouvements de l’enfant étaient consistants avec l’agonie. (Selon le dictionnaire : les instants qui précédent la mort).

Rating Facts far below Reputation: Insights into the French Intellectual Scene and the al Durah Affair

Anne-Elisabeth Moutet is one of the people I have consulted with often in the course of working on al Durah. I cite her a number of times anonymously in my essays in France, including one of the most striking comments: “In France no one apologizes publicly for a mistake. It’s considered a sign of weakness.” Now she brings her formidable capacities to bear on the al Durah affair. Knowing two thirds of the people who signed the Nouvel Obs petition, she called them up and asked why they had done it. The result… a pathetic and hilarious insight into the corporatist mentality of the French intellectual elite — Jewish and non-Jewish. This may be the best piece on the French cultural context of the al Durah affair.

L’Affaire Enderlin
Being a French journalist means never having to say you’re sorry.

by Anne-Elisabeth Moutet
07/07/2008, Volume 013, Issue 41
Paris

To understand the al-Dura affair, it helps to keep one thing in mind: In France, you can’t own up to a mistake. This is a country where the law of the Circus Maximus still applies: Vae victis, Woe to the vanquished. Slip, and it’s thumbs-down. Not for nothing was Brennus a Gaul. His modern French heirs don’t do apologies well, or at all if they can possibly help it. Why should they? That would be an admission of weakness. Blink, and you become the fall guy.

So, in the case of Muhammad al-Dura-a 12-year-old Palestinian boy allegedly killed by Israeli fire during a skirmish in the Gaza strip on September 30, 2000-it was not really to be expected that the journalist who released the 59-second news report, Charles Enderlin, longtime Jerusalem correspondent for France 2 TV, would immediately admit having hastily slapped together sensational footage supplied by the channel’s regular Palestinian stringer, and not checked whose bullets had, in fact, killed, or perhaps even not killed, the boy.

[snip]

Meanwhile, Enderlin and his bosses at the state-run France 2, who had distributed their news item free worldwide, were refusing to answer questions. They flatly declined to provide the complete 27 minutes of footage taken that afternoon by the cameraman, or to concede any possible error, ping-ponging in the classical obfuscating pattern of bureaucracies everywhere. (“It’s not the crime, it’s the cover-up” hasn’t yet made it to France.) It took two years for Enderlin to give his first interview, to a friendly colleague, Elisabeth Schemla, the respected editor of the Proche-Orient.info website and a former L’Express associate editor, in the course of which he confused “protecting one’s sources” with not providing the tape. (Personal disclosure: I was at the time deputy editor of Proche-Orient.info.)

Just Don’t Touch their Symbol: Ben-Dror Yemini tackles the al Durah affair in the pages of Maariv

Just Don’t Touch their Symbol

(Article by Ben-Dror Yemini, Ma’ariv, 20.6.08, Weekend Supplement, pp. 18-19)
En français au site de l’UPJF.

Everyone remembers the death of Muhammad Al-Dura. France 2 accused the IDF; the Israeli media went along. One Frenchman dared to doubt and began a kulturkampf; the Israeli media was silent. It has now become clear that he was right. Israel is still silent.

The Muhammad Al-Dura affair refuses to die. In Israel, it is mainly the first part that is recognized. In France, in recent weeks, there are those who are already calling it a new Dreyfus Affair.

The beginning is well-known. The pictures that were broadcast seven and a half years ago shocked public opinion in the country and around the world. They saw a father and boy hiding behind a barrel. They shout for their lives as the bullets strike them. The father tries to protect his son. Unsuccessfully. Tal Abu-Rahma, the France 2 cameramen, delivered the material to the network’s well known and veteran Jerusalem correspondent, Charles Enderlin. From the raw material, the latter filtered less than 60 seconds of harsh and horrifying footage, and added commentary that cast the responsibility on IDF soldiers. Within a few days, this item became the harshest propaganda ever against the State of Israel. Whoever tried to cast doubts then was considered a heretic. After all, there was photographic evidence and there is nothing higher.

Muhammad Al-Dura became a symbol. Public squares have been named after him. Stamps have been issued in his honor. The Palestinian poet Muhammad Darwish dedicated a poem to him. His pictures became much better known than that of the Jewish boy raising his hands opposite a Nazi soldier. Already, one can no longer count the number of times Al-Dura has been cited in articles written against Israel around the world. And not just against Israel. For some of the writers, well-known authors, Nobel laureates, Israel became a Nazi, child-murdering country. This did not happen solely due to Muhammad Al-Dura’s 60 seconds. But the weight of that short clip was very high. This was biting, ultimate evidence of Israel’s murderous character.

But there were a few among us, and around the world as well, who thought that something was amiss in those 58 seconds that became a global sensation. Among those was Israeli physicist Nahum Shahaf, who was a member of the committee of inquiry that was appointed shortly afterwards. There was also Esther Schapira from German television, who came to curse because she was convinced that the IDF had killed the boy, but it became clear to her that France 2′s version had more holes in it than Swiss cheese. There was also Luc Rosenzweig, a respected French journalist, formerly of Le Monde, who had prepared his own investigation. His editor did not believe what he saw. They went together, along with another journalist, to the heads of France 2 in order to view all of the footage that was filmed that bitter and hasty day. They saw and were surprised. Their doubts only grew. The investigation was published in L’Express.

Among Charles Enderlin’s and France 2′s most outspoken critics was Philippe Karsenty, a young and successful Jew, who set up a media criticism internet site (“Media-Ratings”). Karsenty claimed that Enderlin had lied and that he and the channel had to draw conclusions.

France 2 is not just another television station. It is a superpower. It is a flagship and establishment channel in one. The channel and Enderlin sued Karsenty for libel. Karsenty demanded one thing: Show the full film that was shot of the event. The court refused. Karsenty lost and was convicted of libel. He did not give up.

In the appeals court, Karsenty reiterated his demand. This time his demand was met. It was a turning point. The full film, to all those who have seen it, leaves no room for doubt. The verdict was handed down four weeks ago on May 22. It was determined that Karsenty is not guilty of libel. The verdict analyzes the item that was broadcast, the full film, the evidence, the contradictions. The conclusion is unequivocal. The plaintiffs, Enderlin and France 2, come out not well at all.

The verdict did not cause many reverberations. In France, there was scant mention. In Israel, the affair came up against the Olmert affair and the talks with Syria, so that the story received very little coverage. What could have been a great achievement for Israel was about to go out with nary a whisper. But this is not what happened.

Before we continue, it would be worthwhile to recall the Israeli side. Articles appeared in Israel that were critical of Karsenty. What does it matter who killed him, wrote Arad Nir on Ynet. Gideon Levy went further and wrote that it did not matter since it is known that Israel kills children. It is certainly known. There is an old hobby to this effect. Jews. Children. It is a matter of history. Even journalist and historian Tom Segev mocked the inquiry of German journalist Esther Shapiro, who prepared a report for German television. It was not really proper on her part to exonerate the IDF soldiers of blame for the killing. She is not serious.

A series of prominent Israeli journalists were recruited not only to enshrine the libel that it was Israeli soldiers who killed or murdered Al-Dura. They were against the very idea of an inquiry. After all, they are energetic journalists. They had vigorous conclusions. Why confuse them with facts?

Let us return to France. Just as the affair was due to expire, Enderlin’s supporters decided to organize a petition of support for him. True, Enderlin said that the full footage included harsh segments of Al-Dura dying and it became clear that this was a lie. True, the verdict is unequivocal regarding the lack of credibility of those who were involved in broadcasting the doubtful segment. True, that Enderlin himself was nowhere near the scene when the events took place. But Enderlin’s friends, or those who believe that their enlightened state finds expression in besmirching Israel, lined up alongside one of their own. After all, he belongs to ‘the vanguard.’

The initiative for the petition came from Le Nouvel Observateur, an important and prestigious weekly, founded by Jean Daniel. His daughter is Sarah Daniel, a journalist in her own right. We will return to her. Nobody among the signatories is familiar with the affair. But all of the signatories, without exception, are identified, to one degree or another, with the anti-Israeli line. Most, like Daniel and his daughter, are Jews. And this is strange because Daniel himself, as a leftist, has criticized the French media in the past for exaggerated hostility towards Israel. It is interesting when he will write the article against himself.

Among the signatories are Hubert Védrine, former French Foreign Minister, and Theo Klein, former president of CRIF, the French Jewish umbrella organization. The petitioners also succeeded in recruiting an Israeli supporting player, who is only a millimeter away from comparing Israel to the Nazis. He is Avraham Burg, the former Speaker of the Knesset.

What is strange is that the petition is not only a defense of Enderlin’s impugned integrity. The petition, in a precise manner, supports the first version, on Israel’s guilt: “Seven years. For seven years a despicable campaign of hate has been trying to stain the professional honor of Charles Enderlin. For seven years, there have been those who have tried to present as ‘fabricated’ and as a ‘staged scene’ his report that shows how a twelve-year-old boy was killed by shots fired from an Israeli position.” Yes, that is their one-sided conclusion despite the court’s verdict. Like the anti-Dreyfusards, who also stubbornly clung to the first version.

The signatories are correct about one thing. For seven years, in their words, “A despicable campaign of hate has been conducted”. But the campaign has been waged against Israel, not against Enderlin. The many and the prominent were on Enderlin’s side. The few and the negligible came out against him. The French system of justice, after entering into details, after viewing the entire footage, after having heard expert testimony, after uncovering the lies, arrived at a sound verdict. It was a victory of David vs. Goliath. One stubborn, unknown young man forced the large network and the celebrity journalist to reveal the truth. The libel was refuted. The verdict leaves no room for doubts.

So how exactly did the signatories reach the conclusion, which has already been refuted in court? As usual, hostility against Israel forced the hand. It is possible to assume that none of the signatories were well versed in the details. But they all share one thing in common: They all belong to the same loathsome and fashionable anti-Zionist stream, in France as well as in Israel. Not all are on the same level of hostility. But they are all in the same direction.

Among the signatories, as we have mentioned, another name pops up, unknown to most Israelis: The journalist Sarah Daniel. In November 2001, this same Sarah Daniel wrote about Muslim girls murdered for reasons of family honor. Except that she added one paragraph: “Palestinian women raped by Israeli soldiers are systematically murdered by their own families. The rape, in practice, is a war crime, because the Israeli soldiers act in full awareness of the consequence of their deed”.

From where did Daniel take this fabrication? That is it. From nowhere. In fact, this is another libel disseminated in very marginal circles. And where was it published? In Le Nouvel Observateur, the journal of her father, Jean Daniel. The same paper and the same people who just sponsored the petition for Enderlin.

The petition took flight. In the last two weeks, it has become the focus of conflict between opposing camps in France. The defensive text of the signatories, against journalists in service of the truth, recalls the text of the anti-Dreyfusards, against officers working in the service of the state. One must not criticize them. The truth is theirs. Harming them is harming the holiest of holies. Then they were anti-Semites. Today they are anti-Israelis.

In the wake of the petition, a courageous and important verdict, that almost foundered in deep water, received a new lease on life. The debate on the petition put the Al-Dura affair back on center stage, in France, not in Israel. The historian, Professor Richard Landes from Boston, who followed the affair and even testified himself, wrote a comprehensive and very un-complimentary article about the signatories. Landes is the one who coined the phrase “Pallywood”, about the media of Arab and Palestinian propaganda. He also investigated the Al-Dura affair in depth. He came to Karsenty’s side.

The argument also spread to France’s leading newspapers. Professor Eli Bar-Navi, former [Israeli] Ambassador to France, wrote a scathing article against the signatories. “Since Deir Yassin,” he wrote “there has not been an affair which has caused so much damage to Israel.” Afterwards, additional articles appeared, most in the same vein. An editorial appeared in Le Figaro this week asking the signatories whether media personnel are beyond criticism. Also the big guns, like philosopher Alain Finkielkraut, expressed serious doubts about the petition, and the CRIF has already announced that it has joined the appeal for a commission of inquiry into the entire affair.

Enderlin’s supporters are trying to paint him as the new Dreyfus. Poor guy. It is a little hard for him on Devil’s Island. He made a nice little career for himself out of the Muhammad Al-Dura story. Now the achievement has become a stain. Enderlin is not an Israel-hater. He is no different than most of the foreign journalists in Israel, and he is even an Israeli citizen. He is part of the herd. A herd which is also well-represented in the Israeli media.

And where is Israel? It does not exist. It is the Dreyfus in this affair, but a strange Dreyfus. A Dreyfus who has had a libel stuck to it, but who remains nonchalant. Others fight for it. Official Israel has never bothered to thank Karsenty, or others who have fought to dispel the libel. Regarding assistance, there is nothing to even discuss; on the contrary. Unofficial Israel was on Enderlin’s side. Most of the articles, mind you, were against Karsenty and for Enderlin.

Justice came to light, in France, not in Israel. This is not by chance. If the trial had been held in Israel, there is concern, only concern, that the result would have been different. Freedom of speech is indeed a supreme value but on one condition: That it is found in the hands of very specific people. But that is the subject of a different article.

Article on Al-Dura Trial on Palestinian News Site

The principle Palestinian Newspaper, Al-Quds published a translation of an article on the Karsenty-Enderlin decision written by a reporter at The Media Line. This is the first time (to my knowledge) that Palestinian media have covered the unraveling of the Al Durah story.

Israel Officialdom Silent on A-Durra Trial Victory


For a larger image, click here.

The Media Line article reads as follows:

Eight years on, the case of Muhammad A-Durra, the 12-year Palestinian who became the “poster boy” of the Israeli-Palestinian violence will not go away.

Last week a French activist, who has been fighting a legal battle to prove that the television footage of the boy’s death was faked, triumphed when a French court ruled he would not be condemned for defamation for saying the state-owned television station France 2 falsified footage from the scene.

But French media activist Philippe Karsenty feels let down that the Israeli government has not come to his aid on this issue, and says Israel should use his legal victory as leverage to boost the country’s image.

Omerta and the European MSM: Rosenthal on the Al Durah Case

John Rosenthal, one of the most astute journalists at work in Europe today, whose work I have featured a number of times here at the Augean Stables, has an excellent article up at PJMedia on the French media’s reaction to the Al Durah affair. For the first time in the history of this blog, not only has one of my posts been mentioned, but still more important, the commentators who contribute so much to the discussion with their learned and lively comments.

    Le Nouvel Observateur’s “Appeal for Charles Enderlin” positively exudes such a sense of corporate privilege, as Richard Landes and his commentators on Augean Stables were quick to point out.

Rosenthal examines a number of the signatories (the “List of ignominy”) of signers of the Nouvel Obs petition, including the head of “Reporters without borders” an organization, as Rosenthal points out, one would have expected to view Karsenty as a classic “cyber-dissident” taking on the “grands medias.” Alas, not really an NGO, it appears to be another PGO (para-governmental organizations). I suspect that this list will serve as the starting point for PhD theses in media studies (if civic polities survive).

Hattip to all of you who have contributed.

When it Comes to Al-Dura, Journalists Are Against Free Speech
Despite the Al-Dura ruling, reporter Charles Enderlin can still count on his colleagues to stand by his story.

June 20, 2008 – by John Rosenthal

Earlier this month, the French weekly Le Nouvel Observateur launched a surreal “Appeal for Charles Enderlin” in response to a French court judgment clearing media critic Philippe Karsenty of charges of having “defamed” Enderlin and his employer, France 2 public television. The court thus overturned the October 2006 condemnation of Karsenty by a lower court.

A full professional translation of the higher court’s judgment is available here on Richard Landes’s Augean Stables blog. (The complete judgment in French is here.) Richard Landes’s translation of the Nouvel Observateur’s “Appeal for Charles” is here. The “Appeal” has in the meanwhile been signed by hundreds of Enderlin’s colleagues in French journalism, plus several “personalities,” and even some simple “web surfers” [internautes].

I say that it is surreal, since it is by no means clear what the point of the appeal is supposed to be or what exactly the signatories want done “for Charles Enderlin.” It was not, after all, Enderlin who was on trial: he and France 2 were the plaintiffs. The “Appeal for Charles” identifies Karsenty as the “person mainly responsible” for an “obstinate and hateful campaign” against Enderlin. But, as PJM readers will know (and Nouvel Observateur readers might not), Karsenty is in fact just one of numerous critics who have challenged the authenticity of Enderlin’s September 2000 report allegedly showing the killing of the Palestinian boy Mohammed Al-Dura by Israeli troops.

It was indeed France 2’s legal strategy of singling out Karsenty and two other website owners for prosecution – as well as Karsenty’s “obstinate” refusal to be intimidated – that converted him into one of the chief protagonists of what has become the “Al-Dura affair.”

The authors of the “Appeal” – like Enderlin himself in a blog post published shortly after the rendering of the court’s decision – take heart in the fact that the higher court “recognized” that Karsenty’s litigious remarks regarding the Al-Dura report “unquestionably do damage to the honor and reputation of news professionals”: i.e. Enderlin and France 2 as a whole. But the court’s observation in this connection is in fact a mere tautology. In his November 2004 text – in which, incidentally, Karsenty called for the “immediate dismissal” of Enderlin and France 2 news director Arlette Chabot – Karsenty himself describes Enderlin’s Al-Dura report and, above all, France 2’s defense of it as “a masquerade that does dishonor [déshonore] to France and its public television.”

The real question, of course, is whether Karsenty’s criticisms of France 2 are well-founded and whether the underlying accusation that the Al-Dura report was a fake is true – or, in other words, whether it is not in fact, as Karsenty’s remarks suggested, Enderlin and France 2 that brought the “dishonor” upon themselves. The French court did not answer this question. Nor indeed did it have any need to do so.

Read the rest.

Derfner tries again: A for effort, C- for analysis

Larry Derfner sets his cap on being the only informed and responsible media expert willing to take on the al Durah case which, he seems to believe, is now dominated by the extreme “right-wing,” at least in the Anglophone press. He’s informed, I’ll grant him that. Can he analyze evidence? Doubtful. What’s his problem? The strictures of politically correct utterances about the Palestinians.

The piece is long and involved and riddled with error. For those who are interested, it offers important insights into a kind of bizarre thinking disorder in which a priori established boundaries of what is moral or immoral to say, not only prevent someone like Derfner from thinking through the evidence, but heaping scorn on anyone who follows that evidence where it leads. As a detailed study of how the PCP (with its commitment to Liberal Cognitive Egocentrism, and cultural relativism) processes evidence it’s close to incomparable.

Rattling the Cage: Get real about Muhammad al-Dura
Jun. 18, 2008
Larry Derfner , THE JERUSALEM POST

If I thought Jerusalem Post readers were being exposed to a full debate about the Muhammad al-Dura affair, I wouldn’t feel the need now to go into the specifics of why I think it’s ludicrous and morally blind to claim that the Palestinian boy’s killing was a “hoax,” a staged event. If there were other people writing in English against the hoax theores, I would rest my case with my column (“Al-Dura and the conspiracy freaks,” May 29), and not react to the rebuttals by Philippe Karsenty and Richard Landes (“Conspiracy theories and Al-Dura,” June 12), Jonathan Rosenblum (“For once, the good guys win,” June 13), and a couple of hundred Talkbackers.

Ludicrous and morally blind…” I can think of lots of reasons to argue that the al Durah affair was not staged, but “morally blind”? What’s that supposed to mean? That if you think it’s staged (an issue of evidence, I believe), then your are somehow defective morally? (Apparently, when one reads on, yes.)

But the debate on al-Dura, at least in English, is completely one-sided. The Web is swamped with right-wing Jewish writers continually piling up the “evidence” for their conspiracy theories, while all the prominent, disinterested investigative journalists who waved off that idea – even while disputing the original story that the IDF killed the boy – have moved on to other things. So since no other writer I know of is still busy taking up the cause of reason and decency in this unrelenting, supremely charged Israeli-Arab issue, I guess I’ll have one more try.

Why is arguing staged a “right-wing” phenomenon? Because we who believe it are depraved enough to believe that the Palestinians would stage such an event? Does that mean that in order to be a member of the “Left” (which apparently Derfner believes he represents), you have to be credulous on principle?

FIRST OF all, let me restate my basic point of view. I think it was probably Palestinian gunmen, not Israeli soldiers as first believed, who shot al-Dura to death and wounded his father, Jamal, at Gaza’s Netzarim Junction on September 30, 2000. I never believed that Israeli soldiers deliberately, with malice aforethought, shot a cowering boy and a father pleading for mercy, which is how the Islamic world and the international Left typically portrayed the killing. As I wrote: “Israel and the Jewish world are right to be appalled at how the Palestinians and the Arab world distorted and exploited al-Dura’s death as grotesquely as they did. They took what was at worst an accidental IDF shooting and turned it into a mind-shattering act of Israeli sadism.”

In that column, I didn’t make any judgments on the original reporting by France-2 TV correspondent Charles Enderlin and cameraman Talal Abu Rahme, or on their handling of the challenges to their story afterward, except to say it was absurd to claim they cooked the whole thing up. (I was writing in reaction to Karsenty’s May 21 acquittal on appeal of the libel charges filed against him in France by Enderlin and France-2 TV.)

NOW, THOUGH, I think it’s fair to say that Abu Rahme – the only cameraman who filmed the shooting – made extremely rash, hot-headed accusations against the Israeli soldiers involved, which damages his reliability and that of his assertions to Enderlin that the IDF had positively shot al-Dura, which is what launched the story in the first place.

This is good. Of course, if Talal is so unreliable, then why is he not capable of staging the scene? (more below)

As for Enderlin, he has been accused of shoddy reporting, stonewalling and even lying not only by the conspiracy theorists, but by some of those prominent, disinterested investigators who nevertheless dismiss the idea of a hoax. After speaking by phone with him, I don’t say he stonewalled or lied. He has reasonable answers to the accusations against him, and he still believes that what he reported and what Abu Rahme told him – that Muhammad and Jamal al-Dura were shot by Israeli soldiers – was accurate. He even has a reasonable answer to what seems the most damning accusation against him – that since there is no raw footage of Muhammad clearly dying, Enderlin had to have been lying all those years when he said he’d edited the boy’s “death throes” out of the broadcast because they were “too unbearable” to watch.

In response to my questions, Enderlin stands by his statement that the death throes can be seen in the raw footage. Evidently, he is referring to the final seconds of film that show the prone Muhammad raising his arm a little, then gradually drooping back down to a prone position. “The French term I used [translated as 'death throes'] was ‘agonie,’ which means the moments preceding death, not ‘agony’ as in the English term. We showed the tape to a coroner in France, and he said it was absolutely consistent with the moments just before death,” said Enderlin.

Now it gets interesting. Thank you LD for calling CE, because I think this is the first time we have Charles addressing the issue of what happened to the “agonie.” Did you ask him if he has the “coroner’s report”? Did you ask him why, if the boy is still not dead in “take 6″, he told his viewers that he was dead two takes earlier, and Talal’s audience was screaming he was dead three takes earlier? Why would you accept so unlikely an explanation from Charles and be so ferociously skeptical of what we have to say? Because Charles is a “colleague”?

Esther Schapira’s Statement of the Question of Staging

No one can fault Larry Derfner for lack of effort. But his research skills seem to need honing. He called Charles Enderlin before writing his next contribution to the al Durah affair, but not Esther Schapira. He cites her, along with two other “highly respected, disinterested journalists” whom he trusts much more than the “right-wing Jewish writers continually piling up the ‘evidence’ for their conspiracy theories” (among whom he includes me). At one point he invokes Schapira to make the following point:

Furthermore, that each of these investigators [Schapira, Leconte, Jeambar, Weimann] also dismissed the possibility that the shooting was “staged” – I think that alone is reason enough to brush aside the idea that Abu Rahme, the al-Duras and a cast of helpers pulled off a colossal hoax to blacken Israel’s name by faking the death of a 12-year-old boy.

Esther Schapira, with whom I had a number of candid conversations over the years, wrote me the following for attribution:

    It has been said several times that I didn’t find any hints supporting the accusation that the famous scene at the Netzarim junction was a hoax and this was why I didn’t include it in my film. This is wrong. Indeed even in 2001 I already came across a number of interesting hints indicating that the so called „killing of Mohammed Al Durah“ might be a Palestinian propaganda fabrication. However, back then when I did my film, I focussed on the question who could have killed Mohammed Al Durah. This already came as a surprise to me, because initially I was sure that there was not doubt that it was the clear case of a Palestinian child getting killed by israeli soldiers. I wanted to do a film about the tragedy of a child getting killed in the conflict and about the unusal situation for soldiers to be confronted with children. I wanted to know how the soldiers cope with the feeling of having killed an innocent child.

    My findings, that it is most unlikely that he was killed by the Israeli soldiers for a number of reasons came as a surprise to me and already caused an outcry and I got life threats and needed police protections when I appeared in public. As I was aware of the emotional impact of that scene I stuck strictly to facts and findings and left out everything that seemed like speculation. Now, in retrospect with the knowledge of today, I know that it is very justified to question if he did get killed at all.

Now Derfner assumes that those who take the most “cautious” position are the “highly respected, disinterested” journalists, and those who go farther are zealots with an agenda. Here, Schapira notes the ferocious hostility she encountered just for suggesting the position Derfner adopts at the beginning of his article. Just because people aren’t committed to a cause doesn’t mean there isn’t pressure on them to scew their findings, and that, somehow, their conclusions are “disinterested.” Apparently Derfner makes no allowance for the kinds of pressures and intimidations that our MSM journalists endure — both death threats, and the more pervasive need to “line up with the pack.”

I am preparing an extensive fisking of Derfner which will be up soon.

The Court of Appeals Decision: A Professional Translation into English

Here is an English translation of the astonishing judgment of the Appeals Court in Paris finding Philippe Karsenty innocent of defaming Charles Enderlin and France2. In a decision that gave a ringing endorsement of freedom of speech at a key moment in French, European and Western history, the judges deem that although the language used by Karsenty in accusing France2 and Charles Enderlin of broadcasting a terribly destructive hoax — the al Durah footage — would constitute defamation if it were unsupported. But given the incoherences of both the footage and of Enderlin’s explanations to the court, Karsenty had every right to denounce him in the liveliest language, and Enderlin had no business thinking he should be free from serious criticism from fellow citizens.

Here is a professional translation of the entire French decision, available in French in PDF and online. I will return to this text and highlight and comment on it in the coming days.

FEES: 500 € CASE NO. 06/08678
JUDGMENT OF 21 MAY 2008

COURT OF APPEALS OF PARIS
11th Chamber, Section A

Delivered publicly on Wednesday, May 21, 2008, by the 11th Chamber of Criminal Appeals, section A.

On appeal from a judgment of the Paris Tribunal de Grande Instance, 17th Chamber, of October 19, 2006, (P0433823039).

PARTIES BEFORE THE COURT:

KARSENTY, Philippe

Defendant
Office of the Public Prosecutor
Non-appelant

ENDERLIN, Charles
Civil party, non-appelant
Residing at 206 Jaffa St, Jerusalem (Israel)

National Television Company FRANCE 2
Civil party, non-appelant
Residing at 7 Esplanade Henri de FRANCE, 75907 PARIS Cedex 15

Assisted and represented by Benedicte AMBLARD, advocate at the Paris bar, attorney registration number TQB113 and by Francis SZPINER, attorney registration number R049

JUDICIAL PANEL at the oral hearings and deliberations:
President: Mrs. TREBUCQ
Counselors: Mr. CROISSANT
Mrs. CARBONNIER

COURT CLERK: Mrs. DU PARQUET at the oral hearing and rendering of the judgment

OFFICE OF THE PUBLIC PROSECUTOR: represented at the hearings and the rendering of judgment by Mr. BARTOLI, attorney general.

SUMMARY OF THE PROCEEDINGS

THE CHARGES:

Philippe KARSENTY was summoned before the criminal court by order of the examining magistrate, charged with having, in PARIS and on the national territory:
• On November 22, 2004, by means of an audiovisual communication – in this case, by publishing on the internet website www.M-R.FR an article entitled “FRANCE 2: Arlette Chabot And Charles ENDERLIN Should Be Removed From Their Positions Immediately,” which contained the statements quoted in the body of this judgment – alleged or imputed facts impugning the honor or esteem of the national television company, FRANCE 2 and Charles ENDERLIN.
• On November 26, 2004, by means of an audiovisual communication – in this case, by publishing on the website a press release entitled “FRANCE 2 : Arlette Chabot And Charles ENDERLIN Should Be Removed From Their Positions Immediately,” which contained the statements quoted in the body of this judgment – alleged or imputed facts impugning the honor or reputation of the National Television Company, FRANCE 2 and Charles ENDERLIN,
Acts foreseen and penalized by articles 23, 29 section 1, 32 section 1, 42, 43 of the law of July 29, 1881; 93/3 of the law of July 29, 1982.

THE JUDGMENT

The court, in a judgment rendered after due hearing of the parties,

Rejected the defense plea,

Found Philippe KARSENTY guilty of the charges and sentenced him to pay a 1,000 € fine,

Granted the petition of the National Television Company FRANCE 2 and Charles ENDERLIN as civil parties and ordered Philippe KARSENTY to pay to each the sum of one euro in damages and interest and, together, the sum of 3,000 € under article 475-1 of the code of criminal procedure.

THE APPEALS

The appeal was filed by attorney Pierre-Louis DAUZIER, for Philippe KARSENTY, on October 19, 2006, in opposition to the criminal and civil judgments.

By orders staying the running of prescription, dated January 10, March 28 and June 20, 2007, the court set the case for hearing on September 12, 2007.

At this hearing, after having studied, at the request of the civil parties, several excerpts from FRANCE 2’s televised news, regularly transmitted by the parties, including the report broadcast on the 8:00 p.m. televised news September 30, 2000, and heard the parties on Philippe KARSENTY’s petition to the court to appoint an expert whose task, after having viewed the 27 minutes of rushes filmed on September 30, 2000 at the Netzarim junction by cameraman Talal ABU RAMAH, would be to determine whether there is a link between the scenes preceding the report and the images of the report itself. The defendant having presented his case last, the court joined this matter to the facts of the case.

The president, after having asked the parties (the defendant having addressed the court last) their opinion on the benefit to the court were it to view itself the cameraman’s rushes, decided that the court would deliberate the issue and announced the court’s decision at the public hearing of October 3, 2007.

When People have Intellectual Integrity: Elie Barnavi on Charles Enderlin

UPDATE: see Jean Daniel’s initial response to this letter, below.

One of the major events that’s been happening in the Francophone world since the court decision is a series of French intellectuals who have broken ranks with the emperor’s court and come out on the side of Karsenty et al. Among them, one of the most important is Elie Barnavi, a French historian and, from early 2001 onwards, Israeli ambassador to France. I first met Barnavi in the early Fall of 2003 when he came to speak at Wellesley. He is an impressive intellect, self-consciously to the “left” but distinctly independent of mind.

Although he had early information on the high level of staging in Talal’s rushes, he, like so many other figures, kept his distance, perhaps out of loyalty, perhaps out of a concern for his reputation, perhaps out of concern for his opportunities in a European setting where taking the side of those who doubted Enderlin was a fast ticket to the Siberia of “right-wing conspiracy nuts.”

Now, however, and in response to the corporatist petition circulated by the Nouvel Observateur, Barnavi has come out against France2 and Charles Enderlin, in the pages of Marianne, an independent publication that prides itself on its political iconoclasm. In so doing he has shown remarkable courage, and represents, in my reading of history, a major contribution to the cultural resilience of democratic Europe.

[This is my translation. Corrections welcomed. I have added some information in brackets since, perhaps for lack of space, the article is at points excessively laconic.]

“The Honor of Journalism: On the al Durah Affair
Elie Barnavi
Marianne, 7-13 June, 2008

On September 30, 2000, an unbearable scene went around the world. At Netzarim Juction in the Gaza Strip, a young boy was killed in the arms of his father who tried, pathetically, to protect him. Commented on in “prime time” by Charles Enderlin, the correspondent of France2 in Jerusalem, the atrocious image offered to the “Second Intifada, which had scarcely begun, a first martyr, a rallying cry, and an inexhaustible them of propaganda. Since Jews and Arabs have struggled on this bit of land, nothing has had a more devastating effect on the image of Israel and its army than the death of the little Muhammad al Durah. Only the massacre at Deir Yassin, the 9th of April, 1948 had more serious consequences. Such is the power of television.

In arriving in Paris three months after this incident, I had to get involved, despite myself, in the al Durah affair which would not be forgotten. Well-intentioned people tried to enroll the ambassador of Israel in a crusade against France2; less well-intentioned journalists wanted to know what I, humanist and “man of the Left” that I was supposed to be, thought of the assassination, filmed live, of the child. I explained to the former that it was best not to stir the mud, that the damage was done and that fighting the evidence of the images would only bring on more blows. I explained to the latter, that I too was thrown into turmoil by the sight of the horror of a child’s death, but that it was certainly not an “assassination”, that the Israeli army, which I knew quite well, was not in the practice of massacring children, and that the only way to avoid further such cases was to put an end to the violence and return to the negotiating table. I was right with the latter, but perhaps not right with the former.

Al Durah Affair and its Discontents: Karsenty vs. the AJC

Washing dirty laundry in public is always a good means to promote Schadenfreude among those who do not like you. Here Philippe Karsenty and the AJC go at each other publicly. Comment at the end of the article.

Jun 12, 2008 10:33 | Updated Jun 12, 2008 10:36
French media critic in bitter spat with US Jewish C’tee
By ETGAR LEFKOVITS

In a bitter public dispute this week, a French media watchdog who recently won a landmark appeal against a French television station over their footage of the shooting death of a Palestinian boy has blasted members of a major American Jewish organization for their “destructive” role in the legal case.

The nasty three-year-old spat between Philippe Karsenty and the New York-based American Jewish Committee burst out in the open just a week after a Paris appeals court ruled in favor of Karsenty in the high-profile libel case claiming that French 2 footage of the 2000 shooting death of Mohammed al-Dura was faked.

“There is one organization, the American Jewish Committee, that should have been a natural ally,” Karsenty wrote in a June 8 letter posted on his Web site. “Instead it functioned as an obstacle to all my efforts.”

Karsenty singled out the AJC’s Paris Director, Valerie Hoffenberg, who has a close rapport with the French establishment, for the harshest criticism. He accused her of “working actively against his efforts to reveal the truth,” and blocking his access to French government officials so as not to jeopardize her relationship with the establishment.

“The most serious damage to our cause was done by certain members of the American Jewish Committee, notably the AJC’s representative in Paris,” he wrote in a damning May 30 letter circulated in e-mails and on the Internet.

Karsenty said “her role was crucial and destructive.”

Studies in Aggressive Masochism: Israeli Journalist on Muhammad al Durah

I have argued repeatedly that Israeli self-criticism creates an epistemological problem for outsiders trying to understand what’s going on. If the Palestinians accuse Israel of doing something heinous — like, say, kill Muhammad al Durah in cold blood — and the Israelis say, we did it – as in Bet Michael “100% the Israelis did it” or Gideon Levy “We killed over 800 Muhammad al Durahs” — what’s an outsider to think?

The normal rules — no one willfully admits to bad things they didn’t do; on the contrary, people try and deny they’ve done bad things — don’t apply. Or, as a student of mine said after reading Ha-Aretz on the investigation into the Muhammad al Durah affair: “Isn’t Ha-Aretz an Israeli paper? Why does it sound like a Palestinian propaganda sheet?”

In the interests of explaining to people just how profoundly imbedded a radical stance of self-criticism is in Israeli journalistic discourse, I give you a review written last month of the first serious presentation of the Al Durah evidence to an Israeli audience by Israeli TV in the eight years since the incident. For the sake of those who can’t believe what they’re reading, I offer a guide to Israeli-speak.

Ynet ran an opinion piece by Izhar Be’er a while back in response to a Israel Channel 2 show on al Durah which we hope to make available shortly to viewers with a translation. I publish a translation below (thanks to Dimitry Papkov) with comments. Few texts better illustrate why it was NOT the Israel media which broke this appalling tale.

The Spin That Won’t Die: Muhammad A-Durah as an Allegory

Delusional players that in other days wouldn’t receive a sliver of support are accepted with open arms by the Israeli media that refuses to accept that the boy was shot by IDF’s bullets

Note that one program breaks ranks with the overwhelming consensus of the Israeli media not to even inform their public that the al Durah story has problems, and immediately it becomes “accepted with open arms by the Israeli media. Note also that any questioning of the original story is immediately labeled “delusional.”

By Izhar Be’er

Nothing like the constant dealings with the circumstances of the death of the boy Muhammad A-Durah in the media illustrates better the deterioration of the public discussion. Delusional conspiracy theories were always present here, and they will come and appear in the future with a new emotional case.

This idea of the “deterioration of the public discussion” is important. As long as we control that discussion, it’s elevated. The minute some delusional people who question what we say get a voice, it’s the end of our high standards. Shades of the French Petition.

Same thing happened after the murder of Yitzhak Rabin, when rumors, articles, “exposes” and books assigned blame for his death on his bodyguards, Shimon Peres and even Rabin himself. In both cases the people who spread the theories had a defined political goal – obfuscation of the consciousness up to a point of confusion between the left and the right, which they tried to achieve by the rain of disinformation. Only in the case of Rabin’s murder this delusional discussion was reduced to the small closed cultural enclaves in the Israeli society, and it continued mostly among the settler right and religious communities (haridim).

In France, the move against the al Durah critique is to compare it to Thierry Meyssan’s claim that a US missile hit the Pentagon on 9-11. In Israel, it’s the Rabin assassination. Unfortunately for the al Durah case, Nahum Shahaf had already established himself as a major proponent of the Rabin assassination conspiracy before he took on this case. What’s particularly telling about this paragraph, however, is the reference to the political agenda.

    In both cases the people who spread the theories had a defined political goal – obfuscation of the consciousness up to a point of confusion between the left and the right, which they tried to achieve by the rain of disinformation.

Two points here. First, Be’er speaks as if he had no agenda, as if his approach to the evidence had nothing to do with his politics, even though his only approach to the evidence is to dismiss it as “complicated” and irrelevant.

Second, this language of “obfuscation of consciousness” (Irpul ha-todaah) seems strange, and strangely Marxist. How in the world does one get from “wait a minute, the media got suckered on the al Durah story” to “you are messing with the proper consciousness of the public”?

Ivan Rioufol, Figaro columnist denounces Nouvel Obs petition

Ivan Rioufol, one of the more courageous (and therefore lonely) French journalists writing today, has dedicated his column to the Nouvel Obs petition. I’ll provide a commentary and translation of key passages next week. At the time of posting, this already had 41 comments. This is one hot topic in France… which at this point has a much more active and informed public on this topic than the USA, despite the fact that most material has been published in English. Turns out that MENA, Media-Ratings, Debriefing.org, Vérité Maintenant, and other blogs like Aiain Jean-Mairet, have made silent inroads in a previously silent population.

Bloc-notes: les médias, pouvoir intouchable

Par Ivan Rioufol le 13 juin 2008 0h01 | Lien permanent | Commentaires (41) | Trackbacks (0)

Le Nouvel Observateur vient de publier un appel, soutenu par de talentueux confrères, dénonçant une “campagne obstinée et haineuse” contre Charles Enderlin, correspondant de France 2 à Jérusalem. Le texte reproche à “des individus” de contester la véracité d’un de ses reportages montrant Mohammed al-Doura, 12 ans, “tué par des tirs venus de la position israélienne le 30 septembre 2000 dans la bande de Gaza, lors d’un affrontement entre l’armée israélienne et des éléments armés palestiniens”. Enderlin, journaliste infaillible?

La pétition suggère qu’un reporter, singulièrement dans une zone de conflit, ne saurait être jugé que par ses pairs: un esprit de corps qui a pour effet d’imposer une vérité, en décrédibilisant les contradicteurs. La presse soviétique procédait pareillement. Certes, les médias aiment mieux donner des leçons qu’en recevoir. Mais l’omerta sur la contestation de ces faits, qui ont eu de considérables répercussions au Proche-Orient, fait injure à la démocratie.

La diffusion par France 2 de la mort de l’enfant auprès de son père blessé avait attisé la deuxième intifada. Deux réservistes israéliens allaient être lynchés par des Palestiniens. Ceux qui, devant une caméra vidéo, tranchèrent la tête du journaliste américain Daniel Pearl, en 2002 au Pakistan, avaient la photo de la scène. Elle ébranla des esprits aussi avisés que Catherine Nay: “La mort de Mohammed annule, efface celle de l’enfant juif, les mains en l’air devant les SS, dans le ghetto de Varsovie.”

Karsenty Appeal Ruling: Partial but Professional Translation

Below are the key passages from the Karsenty decision in a professional translation. The full translation will be up by the beginning of next week. Feel free to use these translations in articles. For an online version of the French decision (not PDF) see Macina’s authoritative site: Debriefing.org. (I append the French of these passages below.)

Given that: Philippe KARSENTY tackles topics of general interest, such as the work practices of the media, and specifically, of the public broadcast authority, the power of images, and the relevancy of live commentary, based on the public’s right to serious information – which gives the publication of his research all its legitimacy – Charles ENDERLIN can even less so evade the criticism, given that it targets him as an information professional and as the correspondent in Israel and the Palestinian territories for France 2’s televised prime-time news; in this position he inevitably and knowingly exposes himself to more careful scrutiny of his comments and actions by his co-citizens, as well as by his colleagues.
(p. 9)

Given that: It is determined that Charles ENDERLIN did not witness the events which he commented on in “off-screen narration” – a procedure that is in no way contrary to the journalistic code of ethics, as long as that is understood by the viewers; that in this case, FRANCE 2 pointed out on October 1, 2000, that the death of the child had been “filmed by Talal Abu Ramah, [his] correspondent in Gaza” and on October 2, that the cameraman “had filmed the unacceptable,” which did not necessarily lead one to deduce that the commentator was not at the scene; that this fact led Philippe KARSENTY – without being thus able to deduce that the events reported were false – to question the concordance between the images chosen by the Palestinian cameraman (“It’s I who decides what is important,” we hear him say in one of the interviews), and Charles ENDERLIN’s commentary on these images.
(p.9)
….

Given that: The theory of MENA … taken up by Philippe KARSENTY, relies on FRANCE 2’s persistent reluctance to allow the viewing of its cameraman’s rushes; on Charles ENDERLIN’s imprudent claim that he had edited out the images of the child’s agony, and on statements made by several journalists who did see the rushes;

Given that: The testimony by Luc ROSENZWEIG, former chief editor of MONDE, established that after having met, in May 2004, some colleagues who shared with him their doubts about Charles ENDERLIN’s commentary, and having thereafter himself shared these doubts with Denis JEAMBAR and Daniel LECONTE, on October 22, 2004, he viewed with them FRANCE 2’s rushes …

Given that: The two journalists […] unambiguously stated they had shared their “serious doubts” with Arlette CHABOT, but were ready to “disregard the accusations by ROSENSWEIG about the child’s death having been staged if viewing the whole set of rushes filmed by Talal ABOU RAMA confirmed what Charles ENDERLIN claimed on at least two occasions – including once to Telerama: “I edited out the child’s agony. It was unbearable … It would not have added anything more”; and – after having seen the rushes – that “this famous ‘agony’ that ENDERLIN claims to have edited out of the film does not exist”;

Given that: They also noted … that viewing the entire set of rushes shows that at the moment Charles ENDERLIN declares the child dead … nothing allows him to suggest that he really is dead and even less so that he was killed by Israeli soldiers …
(p.10)
….

Given that: The theory put forth by MENA, which is the subject of the book by Gerard HUBER published in January 2003, Contre-expertise d’une mise en scène (exhibit No. 3), infers – from the fact that we see young Palestinians taking advantage of the presence of cameras to play out war scenes and act as if wounded – that the death of young Mohamed AL-DURA was fictitious …;

Given that: The testimony by Luc ROSENZWEIG, former chief editor of MONDE, established that after having met, in May 2004, some colleagues who shared with him their doubts about Charles ENDERLIN’s commentary, and having thereafter himself shared these doubts with Denis JEAMBAR and Daniel LECONTE, on October 22, 2004, he viewed with them FRANCE 2’s rushes and was surprised that, of the 27 minutes of Talal ABU RAHMA’s rushes, more than 23 minutes of the scenes on film had nothing to do with the images broadcast by the station, including those of little Mohamed’s death, and consisted of young Palestinians faking war scenes. The witness concluded his testimony at the hearing in the lower court by stating his conviction that “the theory that the scene [of the child’s death] was faked was more probable than the version presented by FRANCE 2,” while admitting that, as a journalist, journalistic “criteria did not allow him to go further than that.”

Given that: This testimony is confirmed by the opinions, essentially corroborative, of Daniel LECOMTE and Denis JEAMBAR, put forth in an editorial in the Figaro of January 25, 2005 (exhibit No. 16), and an interview broadcast February 1, 2005, by RCJ television (exhibit No. 4) …;

Given that: They also note that, “in the minutes preceding the shooting, the Palestinians seem to have organized a stage … ‘playing’ war with the Israelis and simulating, in most of the cases, imaginary wounds.”

Considering that Richard LANDES, journalist and professor at Boston University, whose testimony was heard by the first judges, testified that, according to him, after having studied the rushes by Reuters and the commentary by Charles ENDERLIN, with whom he discussed the issue, the probability that the child’s death ENDERLIN reported was staged, was “greater than 95%.”
(p. 10-11)
…..

Considering that, if none of the defendant’s arguments – neither the conclusions of the investigation carried out on the personal initiative of General SAMYA (defense exhibit No. 12), nor the “imprudent statement” by Charles ENDERLIN quoted above – seemed to the judges below to be sufficiently determinative in regards to the contested commentary, it is apparent that examining, on appeal, the 18 minutes of Talal ABU RAMAH’s rushes produced by FRANCE 2 does not permit dismissing the opinion of the professionals who were heard by the court during the proceedings or who participated in the debates …;

Considering that, in responding to Denis JEAMBAR and Daniel LECOMTE in the Figaro of January 27, 2005, that “the image corresponded to the reality of the situation, not only in Gaza, but also in Trans-Jordan,” – despite the fact that by definition a report is understood to be the testimony of what a journalist has seen and heard – Charles ENDERLIN admitted that the film, which was seen around the world and sparked unprecedented violence in the entire region, perhaps did not correspond to his commentary, which is also the opinion submitted by Daniel DAYAN, director of research at CNRS and an expert on the media, in his testimony (exhibit No. 5).

—————————————————————-

(p.11)

Qu’alors que Philippe KARSENTY aborde des sujets d’intérêt général, telles les méthodes de travail des médias et, précisément, de la chaîne publique, la force des images et la pertinence des commentaires sur le vif, partant le droit du public à une information sérieuse, ce qui donne toute sa légitimité à la publication de ses recherches, Charles ENDERLIN peut d’autant moins se soustraire à la critique qu’elle le vise en tant que professionnel de l’information, correspondant en Israël et dans les territoires palestiniens pour les journaux télévisés de FRANCE 2 diffusés aux heures de grande audience, et qu’à ce titre, il s’expose inévitablement et consciemment à un contrôle des plus attentifs de ses faits et gestes de la part de ses concitoyens comme de ses confrères ;

Considérant que, pour justifier du sérieux de son enquête, Philippe KARSENTY présente, outre les témoignages de Luc ROSENZWEIG, Gérard HUBER, Francis BALLE et Richard LANDES figurant aux notes d’audience du tribunal, les pièces communiquées en première instance, ainsi que de nouvelles pièces numérotées 43 à 73, dont l’essentiel, procédant du reportage de FRANCE 2, ne porte pas sur des faits postérieurs à la publication des propos incriminés ; qu’il convient, dans ce cadre, d’apprécier la validité de l’enquête du prévenu en fonction, non pas de sa vertu démonstratrice de la vérité des imputations diffamatoires, mais de la valeur et de la variété des sources utilisées, ainsi que de la pertinence de leur contenu;

Considérant qu’ainsi que l’a relevé le tribunal, l’enquête de Philippe KARSENTY fait ressortir deux grands types de critiques à l’encontre du reportage, soit que Charles ENDERLIN ait présenté à tort les tirs mortels comme délibérés, en provenance des positions israéliennes, soit que les images de la mort du jeune Mohamed Al-DURA, fictives, ne correspondent pas à la réalité commentée par le journaliste ;

Que l’auteur des propos poursuivis s’appuie essentiellement sur l’incohérence inexplicable des images visibles, selon lui, même dans la scène principale, sur l’absence de caractère probatoire des photos des blessures de Jamal AL DURA présentées par FRANCE 2, enfin sur les réponses contradictoires de Charles ENDERLIN aux interrogations relatives aux coupures existant dans son montage, comme de celles de son cameraman au sujet de l’enchaînement des scènes filmées et des conditions du tournage ;

Considérant qu’il est constant que Charles ENDERLIN n’a pas été témoin des faits qu’il a commentés en voix “off “, selon un procédé nullement contraire à la déontologie des journalistes, dès lors qu’il est compris des téléspectateurs ; qu’en l’occurrence, FRANCE 2 a indiqué, le 1er octobre 2000, que la mort de l’enfant avait « été filmée par Talal ABU RAHMA, [son] correspondant à Gaza » et, le 2 octobre, que le cameraman « filmait l’inacceptable », ce qui ne permettait pas nécessairement d’en déduire que le commentateur n’était pas sur les lieux ; que ce fait a conduit Philippe KARSENTY, sans qu’il puisse alors en induire que l’événement commenté était faux, à s’interroger sur la concordance entre les images choisies par le caméraman palestinien (« c’est moi qui décide ce qui est important », l’entend-on dire dans une des interviews), et le commentaire de ces images par Charles ENDERLIN ;

[P. 10] Que, s’il est vrai que les auteurs des deux documents vidéo (pièces n° 1 et 2), l’un monté à l’initiative d’Esther SHAPIRA pour la chaîne de télévision ARD en mars 2002, l’autre, AL-DURA : l’enquête, réalisé en novembre suivant par la MENA à partir des déclarations de Nahum SHAHAF, désigné pour diriger une commission d’enquête initiée par le commandant de la zone sud, ne tirent pas les mêmes conclusions de l’observation du reportage, puisque le premier conforte la mort de l’enfant sous une balle palestinienne, tandis que le second impute une mise en scène palestinienne de cette mort, il n’importe pas que ces thèses soient inconciliables, dès lors que les deux documents ont conduit le prévenu, par étapes successives, à interroger le reportage de FRANCE 2 quant à la réalité des faits rapportés par des professionnels de l’information ;

Que la thèse de la MENA, sujet de l’ouvrage de Gérard HUBER, sorti en janvier 2003 sous le titre Contre-expertise d’une mise en scène (pièce n° 3), qui infère, du fait qu’on voit de jeunes Palestiniens mettant à profit la présence de caméras pour jouer des scènes de guerre et de blessures, le caractère fictif de la mort du jeune Mohamed AL-DURA, reprise par Philippe KARSENTY, s’est appuyée sur les réticences persistantes de FRANCE 2 à laisser visionner les rushes de son cameraman, sur l’imprudente affirmation, par Charles ENDERLIN, qu’il aurait coupé au montage les images de l’agonie de l’enfant et sur les déclarations de plusieurs journalistes ayant visionné les rushes ;

Qu’il résulte, en effet, du témoignage de Luc ROSENZWEIG, ancien rédacteur en chef du MONDE, qu’après avoir rencontré, en mai 2004, des confrères lui ayant fait part de leurs doutes sur le reportage de Charles ENDERLIN et s’en être ouvert, par la suite, à Denis JEAMBAR et A Daniel LECONTE, il a visionné avec ceux-ci, le 22 octobre 2004, les rushes de FRANCE 2 et a été surpris de ce que, sur les 27 minutes des rushes de Talal ABU RAHMA, plus de 23 minutes de scènes filmées n’avaient rien à voir avec les images diffusées par la chaîne, dont celles de la mort du petit Mohamed, et consistaient dans la présentation de fausses scènes de guerre par de jeunes Palestiniens ; que le témoin a conclu son propos à l’audience de première instance en déclarant avoir la conviction que « la version de la mise en scène [de la mort de l’enfant] a une probabilité plus grande que la version présentée par FRANCE 2 », tout en reconnaissant qu’en tant que journaliste, « les critères ne [lui] permettent pas d’aller plus loin » ;

Que ce témoignage est conforté par les opinions, non contraires pour l’essentiel, de Daniel LECONTE et de DENIS JEAMBAR, issues d’un point de vue donné au Figaro du 25 janvier 2005 (pièce n° 16) et d’une interview diffusée le 1er février 2005 sur l’antenne de RCJ (pièce n° 4) ;

Que les deux journalistes y déclarent sans ambiguïté avoir confié à Arlette CHABOT leurs « doutes sérieux », mais être « prêts à écarter les accusations de ROSENZWEIG sur la mise en scène de la mort de l’enfant si le visionnage de l’ensemble des rushes tournés par Talal ABU RAHMA confirme ce que Charles ENDERLIN a déclaré à deux reprises au moins, dont à Télérama : « J’ai coupé l’agonie de l’enfant. C’était insupportable… Cela n’aurait rien apporté de plus », puis, au vu des rushes, que « cette fameuse agonie qu’Enderlin affirme avoir coupée au montage n’existe pas » ;

Qu’ils relèvent également que, « dans les minutes qui précèdent la fusillade, les Palestiniens semblent avoir organisé une mise en scène, […] « jouent » à la guerre avec les Israéliens et simulent, dans la plupart des cas, des blessures imaginaires « et que le visionnage intégral des rushes démontre aussi qu’au moment où Charles ENDERLIN donne le gamin pour mort […] rien ne lui permet d’affirmer qu’il est vraiment mort et encore moins qu’il a été tué par des soldats israéliens » ; que, selon eux, les journalistes de FRANCE 2 leur ont assuré lors de la séance de présentation [P. 11] des rushes que « leurs experts ont même démontré […] que l’enfant a été touché par des éclats (?) ou par des balles qui auraient ricoché sur la chaussée, des balles qui, en tout état de cause, ne visaient ni l’enfant, ni son père » ;

Qu’il est vrai que, tout en notant que leur confrère devrait reconnaître qu’il avait « extrapolé à partir des rushes et de la version des événements fournie par son cameraman », et que le commentaire sur la barbarie israélienne « n’a rien à voir » avec les images qui ont fait le tour du monde. Denis JEAMBAR et Daniel LECONTE refusent de reprendre à leur compte la thèse de la mise en scène de la mort de l’enfant ; qu’ils s’appuient, pour ce faire, sur le film de Talal ABU RAHMA présenté par FRANCE 2 le 18 novembre pour démontrer que les blessures du père correspondaient exactement aux pansements qu’il avait, le lendemain, à l’hôpital de Gaza, sans s’arrêter sur la possibilité d’une contradiction entre les photos qui leur ont été présentées et leurs propres constatations que, dans les rushes, « le père porte un T-shirt sur lequel on ne voit aucune trace de sang » ;

Considérant que Richard LANDES, journaliste, professeur à l’université de Boston, entendu en qualité de témoin par les premiers juges, a déclaré que, selon lui, après avoir étudié les rushes de Reuters et le reportage de Charles ENDELIN, avec lequel il s’est entretenu, la probabilité que la mort de l’enfant présentée par celui-ci serait une mise en scène était « supérieure à 95% » ;

Considérant que, si aucun des arguments du prévenu – ni les conclusions de l’enquête menée à l’initiative personnelle du Général SAMYA (contre-offre de preuve n° 12) ni « l’imprudente affirmation » de Charles ENDERLIN déjà relevée – n’a paru aux premiers juges, à lui seul suffisamment déterminant en regard du reportage contesté, il apparaît que l’examen en cause d’appel, des 18 minutes de rushes de Talal ABU RAHMA communiquées par FRANCE 2 ne permet pas d’écarter les avis des professionnels entendus au cours de la procédure ou ayant versé leurs contributions aux débats, les attestations produites par les soins du cameraman (offre de contre-preuve, n° 5 à 10) ne pouvant pas, en revanche, au vu de leur présentation comme de leur contenu, être tenues pour parfaitement crédibles ;

Qu’alors qu’aucun principe ne permet de refuser sans examen, ni explication tout crédit à un document qui ne bénéficierait pas d’un label officiel ou qui ne recueillerait que peu de crédit de la part des “autorités”, il convient de relever que les premières déclarations des autorités israéliennes, notamment celles du Général EYLAND, ont été faites au vu des seules images du reportage de FRANCE 2 ; qu’il est, par ailleurs, notoire, ainsi que l’ont expliqué Denis JEAMBAR et Daniel LECONTE, que l’armée israélienne ne répond quasiment sur rien, « c’est le choix de communication qu’elle a fait » ;

Considérant qu’en répondant à Denis JEAMBAR et à Daniel LECONTE, dans Le Figaro du 27 janvier 2005, que « l’image correspondait à la réalité de la situation non seulement à Gaza, mais aussi en Cisjordanie », alors que la définition d’un reportage s’entend comme le témoignage de ce que le journaliste a vu et entendu, Charles ENDERLIN a reconnu que le film qui a fait le tour du monde en entraînant des violences sans précédent dans toute la région ne correspondait peut-être pas au commentaire qu’il avait donné, ce qui est également l’avis donné par Daniel DAYAN, directeur de recherches au CNRS et spécialiste des médias, dans son attestation (pièce n° 5) ;

Considérant, sur la prudence de l’expression, qu’il convient de souligner que les limites de la critique admissible sont d’autant plus grandes que le sujet est [P. 12] d’intérêt public et les accusations étayées sur un faisceau d’éléments d’enquête, et d’autant plus larges à l’égard de ceux qui, par leur fonction ou leur activité, s’exposent au public ;

Que c’est en ce sens qu’il convient d’entendre le propos de Francis BALLE, professeur à l’université de Paris II, spécialiste de l’image et de l’information, qui a déclaré devant le tribunal qu’il ne lui semblait pas que, dans l’exercice de son métier, Philippe KARSENTY « ait franchi la ligne jaune » en usant des termes incriminés pour parler d’un sujet d’intérêt public ;

Que s’il est vrai que l’emploi répété de l’expression « faux reportage », accentué par les termes de « mise en scène », « mascarade », « supercherie » et « imposture » confère de prime abord aux propos incriminés un caractère essentiellement critique, négatif, voire, avec la formule « fausse mort », provoquant, il résulte d’une lecture plus approfondie de l’article en ligne, repris succinctement dans le communiqué, dont la totalité d’ensemble est ferme, que leur auteur explique avec véhémence, mais sans véritable outrance en quoi la chaîne publique a mérité sa critique au regard des critères de notation de son agence ;

Qu’en effet, le prévenu rappelle les faits, relate la polémique, indique que la MENA accuse la chaîne française de faux, avant de donner sa propre analyse et ses conclusions ; que, dans ce cadre, il qualifie le premier épisode de pure fiction, ce qui est aussi soutenu par plusieurs des grandes signatures de la presse et de l’information ayant vu les rushes en octobre 2004 ; qu’il expose ensuite, au sujet de la scène principale, dans laquelle il a observé des incohérences inexplicables et des contradictions dans les explications sur l’agonie de l’enfant données par Charles ENDERLIN, que celui-ci se trompe, ce qui revient à lui imputer une simple erreur, et « du même coup », trompe le public, ce qui apparaît comme une formulation euphémique ; qu’en concluant par une interrogation sur les raisons de « chercher à couvrir cette imposture », Philippe KARSENTY aborde le fond du sujet avec une vivacité de l’expression que l’importance de la question débattue doit pourtant autoriser ;

Considérant que l’animosité personnelle à l’égard des parties civiles n’est pas démontrée par la production de deux attestations, l’une de René BACKMANN, l’autre de François RAIGA-CLEMENCEAU, postérieures à l’enquête menée par Philippe KARSENTY, alors que le contenu de l’article et du communiqué du directeur de l’agence de notation des médias ne révèle, quant à lui, aucun sentiment personnel hostile à l’égard de Charles ENDERLIN et de FRANCE 2 ;

Considérant qu’en l’état des éléments de l’enquête, qui constituent une base factuelle suffisante pour admettre que les propos litigieux, souvent proches d’un jugement de valeur, aient pu être tenus par l’auteur de l’article et du communiqué incriminés pour traiter de sujets d’intérêt aussi général que le danger d’un pouvoir, en l’occurrence celui de la presse, en l’absence de contrepoids, et le droit du public à une information sérieuse, il y a lieu de décider que Philippe KARSENTY a exercé de bonne foi son droit de la libre critique ; que, ce faisant, il n’a pas dépassé les limites de la liberté d’expression reconnue par l’article 10 de la Convention européenne des droits de l’homme, laquelle vaut non seulement pour les informations ou idées accueillies avec faveur ou considérées comme inoffensives ou indifférentes, mais aussi pour celles qui heurtent, choquent ou inquiètent ;

Que la décision de première instance sera donc infirmée, Philippe KARSENTY renvoyé des fins de la poursuite et les parties civiles déboutées de leurs demandes ;

JPost Publishes Our Response: Landes and Karsenty to Derfner

The Jerusalem Post just published our response to Larry Derfner’s potty-mouthed rant about Al Durah and conspiracy theories (fisked here). I publish below the original text which contains an additional paragraph (in italics) that the editors took out before publication.

Right of reply: Conspiracy theories and Al-Dura
Jun. 11, 2008
RICHARD LANDES and PHILIPPE KARSENTY

Weekly columnist Larry Derfner wrote a bizarre piece in the The Jerusalem Post on May 29. He railed against us as “conspiracy freaks” whose “pure paranoia” has us matching “Arab insanity with Jewish insanity,” all because we dare to claim that the footage that Charles Enderlin presented to the world as news of real events was actually staged by his cameraman, Talal abu Rahmah. For Derfner, such claims – he fails even to distinguish between our claim that Enderlin was the dupe of his cameraman, and his claim that we think Enderlin was involved in the hoax – constitute a “demonizing” of the Palestinians and the foreign press.

The piece is heavy on crude rhetoric and light on evidence to substantiate its intemperate claims. Little in his piece makes sense other than his vehement desire to tar us as paranoid conspiracy freaks. Indeed, Derfner’s only evidence comes from a five-year-old article by James Fallows that appeared long before the extensive evidence of Palestinian staging (Pallywood) and Enderlin’s prevarication (there are no “death throes” that he “cut”) had reached public awareness. Ultimately Derfner’s argument comes down to a misconceived straw man, the same argument used by Enderlin and France2 in court:

In other words, it’s a bunch of crap, all these theories that say journalist Charles Enderlin, his Palestinian cameraman, al-Dura’s father, a hospital in Gaza, a hospital in Amman, the Jordanian ambassador to Israel, the UN, the Palestinian people and/or any number of other anti-Semites conspired to stage the killing of that 11-year-old boy.

LET’S BEGIN by putting the errors in this description aside: we do not accuse Enderlin or the Jordanian ambassador, or the UN, or the rest of his inflated list, of participating in the conspiracy from the start. We consider them willing dupes who “ran with the story.”

Shorn of these auxiliaries, his list comes down to the following “co-conspirators”: Talal, his assistants on the scene (the ones yelling “The boy is dead!” before he’s even “hit”), the father and son, and the doctors in the hospital. This is hardly a difficult group to assemble; certainly nothing compared to the tens of thousands necessary for a 9-11 conspiracy or the “invention of the Holocaust.”

Bystanders at the scene needed only to keep silent. Arab ambassadors, King Abdullah, and other such figures need not even know it was a fake. As for the doctors in the Amman hospital, once this story had “taken,” who were they to blow the whistle on so powerful and successful a blow against Israel? Like Enderlin, even after realizing it was fake, they couldn’t admit it publicly.

Anyone familiar with the evidence in this case cannot take Derfner’s piece seriously, as one can see in the numerous and near-universally negative comments to his column. We invite him and the readers of the Post to visit our Web sites where we have put up the evidence and to judge for themselves. Philippe Karsenty’s site is Media-Ratings, Richard Landes’ two sites are The Second Draft (presentation of the evidence and argumentation), and The Augean Stables (blog with commentary and analysis).

Having viewed much of this evidence, the judges wrote:

    The accused [Karsenty]… qualifies the episode as pure fiction, which is also sustained by several important signatories from the press who viewed the rushes in October 2004; that he then exposes… the inexplicable inconsistencies and contradictions in the explanations on the agony of the child given by Charles ENDERLIN, [whom, Karsenty claims, tried 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…”

This is hardly what Derfner characterizes as “light years away” from our conclusion that Charles Enderlin initially got fooled and subsequently lied to cover his mistakes. And once one is familiar with the wide range of evidence, one has to wonder what would lead him to so intemperate and insubstantial an assault on people far more familiar with the dossier than he.

HERE WE enter strange terrain: the peculiar attachment that people who claim to empathize with the Palestinians have for this tale. Even when presented with evidence of staging, many respond, “So what if this is faked; we’ve killed over 800 kids in the Intifada,” or as in Gideon Levy’s inimitable formulation, “We’ve killed over 800 Muhammed al-Duras.”

Considering that Muhammed al-Dura was the first of the child-murder accusations that then made all subsequent claims believable, that he became an international symbol of Israeli viciousness, of Israeli soldiers killing an innocent unarmed child “in cold blood,” a modern blood libel which blamed Jews the world over, such statements are close to masochistic self-accusation.

And given that the Palestinian notion of “targeted assassination” is blowing up a place full of civilians, that their hatreds feed on such confected “lethal narratives” as al-Dura, that the world blames Israel for Palestinian hatreds on the basis of such libels, then such self-laceration seems somewhat inappropriate. As Ahad Ha’am once said in the context of late 19th-century blood libels, “It is extremely dangerous for an individual or a people to confess to crimes they have not committed.”

People who scream “paranoia” often partake of the fault they project. What might Derfner’s paranoia be? That if he – or anyone on the “Left” – should defend Israel by calling into question some part of the Palestinian hate/victim narrative, he would be immediately assaulted as a right-wing racist? Is that what just happened to us?

Al-Dura offers us the most extreme version of a marriage between pre-modern sadists and post-modern masochists, both of whom have less interest in what happened than in stories that justify their politics. It is testimony to a tragic post-modern development, in which the minds of “progressives” (especially Jewish ones) have been colonized by their enemy’s narratives, that the denunciation of Palestinian lies somehow means a victory for the “Right.” For the pre-modern imperialists, al Durah offers justification for their frustrated genocidal hatreds; for the post-moderns, it offers a moral stick with which to beat Israel into the kinds of concessions they, in their wisdom, believe will bring true peace to this troubled corner (center) of the global community.

And woe onto anyone, like us, who dare stand in their way.

Derfner owes his readers, and the many victims of Talal abu Rahmah’s vicious hoax and Charles Enderlin’s eager folly, a profound apology. (He need not apologize to us; we’ve been the object of far worse mudslinging over the last five years.)

In the Dreyfus Affair the term intellectual came to mean someone who, when confronted with the evidence, could change his mind. Hopefully, Derfner, and many more of those who claim to love peace, can step up to the status of intellectuals.

Philippe Karsenty, whose appeal against France2′s defamation suit was just upheld in a French court, is president of Media Ratings (www.m-r.fr). Richard Landes is a professor of history at Boston University and runs the Web site www.seconddraft.org and blogs at www.theaugeanstables.com

The Impact of Al-Dura on the West

WHAT WAS THE IMPACT OF AL-DURAH ON THE WEST?

[Note: This essay, originally posted at Second Draft in 2005 is republished here at the Augean Stables for those who are just now becoming familiar with the Al Durah case. One cannot really understand the importance of the case without understanding what an impact this footage had world wide. This essay is part of a three-part discussion of the impact of al Durah on the Muslim world, the Western world, and the Israelis.]

1. Talal’s narrative accepted without question

The first impact of al Durah on the West was the near total credulity of the media, the public, even public officials. Not only did the press present it as unquestionably real – with special warnings about the disturbing nature of the footage about to be shown – but in Europe, as in the Arab world, the footage was shown over and over as an illustration of the conflict. No non-Israeli correspondent questioned the news, and when CBS’s Sixty Minutes had a chance to let the public know some of the most telling doubts, they focused on the enraging settlements and dismissed the findings with “but the investigation had made up its mind before they fired the first shot.” So when Time Magazine prepared its “Man of the year” issue for year’s end, they had Muhamed as one of the “persons of the year.”

2. Tipping the political scales

The immediate impact of this footage produced a dramatic shifting of the political scales. Clinton was shocked, (as he described in “My Life“) Chirac publicly snubbed Barak four days later in Paris and lectured him on how killing Palestinian children was “no policy.” All the goodwill Barak had acquired in his offers at Camp David evaporated, and Arafat, according to one of his advisors, was returned to the world stage after his isolation for spoiling Camp David. People close to him described Arafat in the final months of 2000 as euphoric, thrilled with the romantic portrayal of the nascent intifada, and believing that the whole world supported him. Barak and Israel were now the outcasts.

3. Palestinian sources given broad credibility

Once the media had accepted the Palestinian version of al Durah, all subsequent claims went through much more easily. Indeed, the shock produced by al Durah allowed another, almost as heinous the Israelis shot the ambulance driver who came to get wounded father and sonaccusation to go through the same day. The subsequent claims of Palestinian sources about the number of injured and dead – especially children – were then reported as reliable in the western press, and form the basis for the figures which, in some papers like the Boston Globe, ended every article on the intifada for months – the number of Israeli and (much greater number) of Palestinian dead and wounded. Even Israeli organizations, like Btselem accepted the claims of Palestinian sources in most cases. Pallywood reigned supreme. The climax of the Western Press’ credulity of Pallywood reached its apex in April 2002 when the Palestinians claimed hundreds and thousands massacred in Jenin.

4. Intensifying virulent anti-Zionism:Palestinian narrative of victimization, anti-Zionist discourse increased notably. Those most committed to a post-colonial paradigm that sees Israel as an imperialist, colonialist, intruder and the Palestinians as indigenous victims of Israeli aggression had found their icon – the innocent Palestinian and the cold-blooded Israeli killer. Sympathy not only for the cause of Palestinian national self-determination, but also for its most radical and violent “activists” including suicide bombers. For people like Ramsay Clark, founder of International A.N.S.W.E.R. the picture of al Durah is the modern equivalent of the Jewish boy being rounded up by Nazis;


The increase in virulence of global anti-Zionism, presided over by the Western “left” became fully evident at Durban, South Africa, where a UN conference on racism (2001) got hi-jacked into an assault on Israel and the USA, with Jamal al Durah giving press conferences and his son, paraded in effigy through the streets. Anti-Zionism and the “blood libels” associated with its most extreme forms (cans labeled “canned Palestinian children meat, slaughtered according to Jewish rites under American license,”) appeared in campuses all across Europe and even in the US.

5. Opening door to new levels of anti-Semitic literature and anti-Jewish activity

Since al Durah and the spiral of violence in the Middle East and the media’s widespread tendency to show Israel in the worst possible light, and particularly in the aftermath of the Jenin “massacre” reports, a whole range of previously “politically incorrect” comments about Israel and Jews became increasingly acceptable: from France’s ambassador to England calling Israel a “shitty little country” to comparisons with the Nazis, to mainstream publications carrying articles questioning Israel’s right to exist. British magazine New Statesman, which portrays itself as “the essential read for bright thinkers everywhere” had a front cover featuring a Star of David standing on a Union Jack above the headline `A Kosher Conspiracy’ in order to denounce the “pro-Israel lobby in the country”. The magazine soon clarified, however, that the cover was not intended to be ‘anti-Semitic.” These developments continue to grow apace, with a pro-suicide-terrorist play in Germany sponsored by the government, a vicious anti-Jewish poem included in a collection for British school children and a public display of anti-Semitic literature in the world’s most important event, the Frankfurt Book Fair. Accompanying this rise in verbal violence came a wave of attacks on Jews and Jewish sites, especially in Europe, that, beginning in October 2000 that spread globally, and, in addition to many places in the Muslim world, grew markedly in Europe for years afterwards.

Endre Mozes Responds to Derfner

Eye-witness’ remark to the Al-Durra Dispute

Open Letter, a Not-Unfriendly one, Re: Larry Derfner’s considered reply to Maurice Ostroff

By Endre MOZES*
2008 June 5

Dear Maurice, dear Larry – Your exchange became sincere and inspiring, thanks to you both. My kudos, Larry, for the long way you made in your “considered reply” relative to your “Rattling the Cage…” article in the JPost on May 28. Sorry if my response is a bit late; I offered this first for publication to The Jerusalem Post, which chose not to publish it.

I add factual remarks to your dispute; for one who follows the case for years and was present in the Paris court at its last three meetings: on 2007 Nov 14 – the screening and cross-investigation of the France 2 TV film’s raw footage shown first ever, on 2008 Feb 27- the argumentations of the two sides, and on May 21 – to hear the verdict.

I eye-witnessed this first public screening of the raw footage – and of course not the event in Gaza and the making of the film; these were witnessed by one person only: Talal Abu-Rahmeh, the Palestinian cameraman. (One witness only, and what a witness…)

I watched the raw footage carefully from a good position in the courtroom, and scrutinized details, using my forty plus years of experience in learning, practicing and teaching engineering – a discipline working with facts only.

I save you from hearing my dozen, partly complex, partly indicative-only arguments, and am presenting you one argument only, which is clear, reproducible and sufficient to prove Israeli non-involvement and most probable Palestinian staging.
Let’s leave aside “clouds of dust” which fly away and are difficult for explanations. Let’s see bullet-holes. There are nine in the wall behind the Al-Durras, seen very well in full screen (in close-ups only 3 to 7 are seen). These bullet-holes are perfectly round on the head-on film/photos taken, meaning they hit also head-on, exactly from the direction of the cameraman. (More exactly: the holes are not smoothly round but ‘centrally symmetrical’.)

Circling the Wagons around Charles: Le Nouvel Obs calls for Solidarity with their colleague under attack

I put up the following astonishing “public letter of support” for Charles, that paragon of journalistic virtue who is inexplicably allowed to be the target of criticism from people who are not part of the clique. It’s classic ad hominem with no regard for the evidence. In the future, these cosigners will be part of a list of ignominy, the in-crowd that kept the al Durah affair from seeing the light of day for so long. Amazing.

Text in French followed by English translation (mine, subject to correction), followed by the names of signatories.

Comments welcome.

APPEL
Pour Charles Enderlin

NOUVELOBS.COM | 04.06.2008 | 15:39

Sept ans. Voilà sept ans qu’une campagne obstinée et haineuse s’efforce de salir la dignité professionnelle de notre confrère Charles Enderlin, correspondant de France 2 à Jerusalem. Voilà sept ans que les mêmes individus tentent de présenter comme une “supercherie” et une “série de scènes jouées” , son reportage montrant la mort de Mohammed al-Doura, 12 ans, tué par des tirs venus de la position israélienne, le 30 septembre 2000, dans la bande de Gaza, lors d’un affrontement entre l’armée israélienne et des éléments armés palestiniens.

Le 19 octobre 2006, le tribunal correctionnel de Paris avait jugé le principal animateur de cette campagne, Philippe Karsenty, coupable de diffamation.

L’arrêt rendu le 21 mai par la cour d’appel de Paris, saisie par Philippe Karsenty reconnaît que les propos tenus par ce dernier portaient “incontestablement atteinte à l’honneur et à la réputation des professionnels de l’information” mais admet, curieusement, la “bonne foi” de Philippe Karsenty qui “a exercé son droit de libre critique” et “n’a pas dépassé les limites de la liberté d’expression”. Cet arrêt qui relaxe Philippe Karsenty nous surprend et nous inquiète.

Il nous surprend, car il accorde la même crédibilité à un journaliste connu pour le sérieux et la rigueur de son travail, qui fait son métier dans des conditions parfois difficiles et à ses détracteurs, engagés dans une campagne de négation et de discrédit, qui ignorent tout des réalités du terrain et n’ont aucune expérience du journalisme dans une zone de conflit.

Il nous inquiète, car il laisse entendre qu’il existerait désormais à l’encontre des journalistes une “permission de diffamer” qui permettrait à chacun, au nom de la “bonne foi”, du “droit de libre critique” et de la “liberté d’expression” de porter atteinte impunément “à l’honneur et à la réputation des professionnels de l’information”.

Au moment où la liberté d’action des journalistes est l’objet d’attaques répétées, nous rappelons notre attachement à ce principe fondamental, pilier de la démocratie et nous renouvelons à Charles Enderlin notre soutien et notre solidarité.

Paris, 27 mai 2008

English Translation:

APPEAL
For Charles Enderlin
NOUVELOBS.COM | 04.06.2008 | 15:39

Seven years. It’s now seven years that a obstinate and hateful campaign has tried to tarnish the professional dignity of our colleague Charels Enderlin, correspondent for France2 in Jerusalem. For seven years the same individuals have attempted to present as a “hoax” and a “series of staged scenes” his report showing the death of Mohammed al-Doura, 12 years old, killed by fire coming from the Israeli position on the 30 of September 2000 in the Gaza Strip during a confrontation between the Israeli army and armed Palestinians.

On the 19 of October 2006, the correctional tribunal of Paris had judged the principle animator of this campagne, Philippe Karsenty, guilty of defamation.

The decision rendered on the 21 of May by the appeals court of Paris, invoked by Philippe Karsenty recognizes that the claims made by him “unquestionably struck at the honor and professional reputations of the information professionnels” but admits, curiously, that the “good faith” of Philippe Karsenty, who “exercised his right to free criticism” and “did not transgress the limits of free speech.” This decision which exonerates Philippe Karsenty both surprises and worries us.

We are surprised, because it grants the same credibility to a journalist known for the seriousness and rigor of his work, who exercises his profession in sometimes difficult conditions, and to his detractors, engaged in a campaign of negation and discrediting, who ignore all the realities of the terrain and have no experience of reporting from a conflict zone.

It worries us, because it gives permission in the future for a “permission to defame” journalists, which would permit anyone, in the name of “good faith” and “the right of free criticism,” to strike with impunity at the “honor and reputation of information professionals.”

At a time when the freedom of action of journalists is the object of repeated attacks, we invoke our attachment to this fundamental principle, pillar of democracy and we renew our support and solidarity with Charles Enderlin.

Paris, 27 of May 2008

Pour soutenir cet appel, cliquer ici

Les premiers signataires

Jerusalem Post Editorial: Lessons of Al Durah Scandal

May 29, 2008 17:59 | Updated May 30, 2008 2:47
Myth & Muhammad al-Dura

Last week, a surprising decision handed down by the French Court of Appeals shed rare light on how both news and myths are made in this part of the world.

On September 30, 2000, two days after prime minister Ariel Sharon’s visit to the Temple Mount, a 12-year-old Palestinian boy, Muhammad al-Dura, was filmed cowering with his father, Jalal, at the Gaza Strip’s Netzarim junction during an apparent gun battle between Palestinians and IDF troops.

The video, taken by Palestinian cameraman and France 2 stringer Talal Abu Rahma, shows al-Dura hiding, and then cuts to footage of him lying, apparently dead, in the arms of his distraught father. Although he was not in Gaza that day, France 2′s correspondent Charles Enderlin (a French Jew who became an Israeli citizen some 20 years ago) added a voice-over narration, ascribing the boy’s death to “gunfire from the direction of the Israeli positions,” and released his report to the world.

Actually it was worse: Enderlin claimed that the father and son were “the target of gunfire coming from the Israeli position.” This is the core of the blood-libel (intentional killing “in cold blood”). Talal made these claims under oath, the PA doctored the footage to make them stick, and then defended their work as a “higher truth.”

The effect of the image of wounded father and murdered son, a kind of modern pieta taken as a potent symbol of Israeli brutality, was electrifying. Al-Dura’s death, a cause celebre of the second intifada, provoked worldwide outrage. Streets, public squares, and schools in Muslim cities bore his name. He was featured on a Tunisian stamp, a poem by Mahmoud Darwish, and an al-Qaida recruitment video. “In killing this boy the Israelis killed every child in the world,” Osama bin Laden said. In June 2005, Wafa Samir al-Bis, an aspiring 21-year-old “martyr,” after being apprehended by Israeli guards at the Erez checkpoint in Gaza with 20 pounds of explosives in her underwear, said that she intended to carry out a suicide attack to retaliate for al-Dura’s death.

And that was the tail end of the vengeance attacks. All the earliest ones in 2001 invoked Al Durah.

BUT THE video report – 55 seconds of footage out of some 18 minutes that were shown in court – also aroused doubts. It does not show the boy being killed. No bullets are seen hitting the alleged victims. No blood is visible on their clothes, on the wall, or on the ground. It never shows Israeli soldiers aiming at the al-Duras. More than a dozen cameramen filmed the junction that day. Reuters, AP, and France-2 outtakes show apparently staged scenes and faked ambulance runs.

The IDF, which initially apologized for the death of al-Dura, concluded that the boy could not have been hit by Israeli bullets. Citing the findings of the army’s probe into the incident, ordered by then-OC Southern Command Maj.-Gen. Yom Tov Samia, the deputy commander of the IDF Spokesman’s Office, Col. Shlomi Am-Shalom wrote, “we can rule out with the greatest certainty the possibility that the gunfire that apparently harmed the boy and his father was fired by IDF soldiers.”

France 2 stuck to its story. On October 3, 2000, testifying under oath before the Palestinian Center for Human Rights, Talal Abu Rahmeh alleged that Israeli soldiers had intentionally murdered the boy. The station also initiated libel suits against several writers and Web sites who challenged the veracity of its story.

One of the defendants was Philippe Karsenty, director of the Media-Ratings watchdog site, who had called the report “a hoax.” France 2 won three out of four judgments, including against Karsenty, who was convicted of libel in 2006. Last week, to bring matters around full circle, the appellate court overturned that decision.

THE RECENT verdict, besides usefully underscoring the right to criticize the press and its sometimes dangerously hasty product, also calls much-needed attention to the ways in which world opinion is shaped by perceptions that are themselves shaped by a not infallible media. The al-Dura affair, like the myth of a massacre in Jenin in April 2002, has been so fervently seized by those who seek confirmation for their belief in Israeli culpability, that it is likely never to be erased from international consciousness. It by now stands well beyond the reach of refutation.

Even among alleged Zionists like Larry Derfner who seem immutably attached to the myth of Israeli culpability.

That fact ought to give pause to Israeli officials, like Israeli ambassador to Paris Danny Sheck, who criticized Karsenty for so doggedly pursuing the matter. As for the rest of us, the sordid affair teaches a valuable lesson about the dangerous enthusiasms, especially in Muslim societies, and especially among those who claim to speak for an awakened conscience, for modern myths of Jewish evil.

Thank you, Jerusalem Post, the best MSM publication during this long, painful affair… which is not yet over. Indeed, if we want to understand what really went on, the tale is just beginning.

MOS meets Al Durah Forgery: Larry Derfner Weighs In

Larry Derfner has an op-ed at the Jerusalem Post on the Al Durah Affair which lays out in a quite striking fashion the aggressive aspect of the mentality of the Masochistic Omnipotence crowd (MOS) crowd. In the Dreyfus Affair the term “intellectual” was coined to describe someone who was capable of looking at the empirical evidence and changing his or her mind. Derfner’s rant suggests that the term could not, by the remotest stretch of the imagination, be applied to him. On the contrary, one has to wonder what could drive him to such heights of irrationality as to assault people who call into question so base a story as that of al Durah.

I have already discussed some of Larry Derfner’s writings, whose liberal cognitive egocentrism stands out even in a crowd of his friends, so I guess this piece didn’t come as a complete surprise to me. But I must confess, the vehemence and adolescent quality of the rhetoric and the lack of any substance in the argument (the best he gets is quoting Fallows which is now five years old), did surprise me.

But sometimes surprises are good because they make you think about things in new ways. I have long meditated on the peculiar attachment of the Israeli left to the al Durah story, and now, Larry Derfner’s rant sheds new light on a puzzling phenomenon.

Rattling the Cage: Al-Dura and the conspiracy freaks

Larry Derfner , THE JERUSALEM POST May. 28, 2008

No doubt about it – Phillippe Karsenty and his allies have a lot of evidence that the killing of Mohammed al-Dura was a hoax, that it was staged by France 2 TV in cahoots with the Palestinians.

In fact, Karsenty, Richard Landes and the rest of the conspiracy theorists have so much evidence that it may even add up to .001% of the evidence that the Mafia, or Castro, or the Pentagon killed JFK. They may have the merest, slightest fraction of the evidence there is that Shimon Peres masterminded the Rabin assassination, or that the Mossad was behind 9/11.

I assume this was written without looking at any of the evidence. Surely anyone who has, could not use such ludicrously exaggerated language… unless, of course, the evidence didn’t matter. But just for the sake of a decency Derfner apparently doesn’t feel he owes those who disagree with him on this, let us ask how him how he explains why there’s no blood where the boy bled to death from a gaping stomach wound for twenty minutes, no bullets supplied by the Palestinians from 11 wounds and what should have been thousands of bullets fired during forty minutes of “bullets like rain,” no evidence supporting any of Talal’s claims, no ambulance evacuation scene of the father and son despite the presence of over a dozen cameramen who were there at the junction and who value such scenes so much that they film cheap fakes…?

If he has satisfactory answers, fine: let’s hear his explanations. If he’s unaware of these problems, then why is he shooting his pen off in ignornance? Does he just assume that anyone who would disagree with him on such matters must be an idiot? What does that tell us about Larry Derfner?

In other words, it’s a bunch of crap, all these theories that say journalist Charles Enderlin, his Palestinian cameraman, al-Dura’s father, a hospital in Gaza, a hospital in Amman, the Jordanian ambassador to Israel, the UN, the Palestinian people and/or any number of other anti-Semites conspired to stage the killing of that 11-year-old boy.

A good friend, upon reading this article, said almost immediately, “he’s a friend of Charles.” I didn’t want to reduce this tirade (as crude and childish as it is), to such venal behavior, but this is literally taken from the proceedings at the court, which Mr. Derfner did not attend, so I suspect he’s picking this up from somewhere, and the “friends of Charles” is not a bad place to start sniffing around. All that he’s missing in his list of conspirators mentioned in court is King Abdullah.

Round Three: France2 Appeals to the Cour de Cassation

I just received news from Philippe Karsenty that France2 has taken the case to the highest court of appeals. The implications of this decision are manifold. Accepting comments.