Israel’s “Prisoner X” case and the creep of military censorship

OPINION: In June 2010, Israel’s Ynet website reported on the detention, and then six months later on the death, of unknown detainee “Prisoner X” in solitary confinement.

A gag order issued by an Israeli court soon after put an end to any reporting on the case, or even reporting of the order itself. “Prisoner X” became a byword in the Israeli media for yet one more of the kind of security-related stories that no-one quite knows the truth of, and probably never will.

Nothing more was heard until this week, when an Australian TV documentary claimed that the man in question was one Ben Zygier, a 34-year-old father-of-two and an Australian citizen who had moved to Israel a decade earlier.

Zygier, who called himself Ben Alon in Israel, was apparently held in the cell — built to hold Yigal Amir, the assassin of Israeli prime minister Yitzhak Rabin — for a number of months before he was found hanged, and his body flown to Melbourne a week later. His father Geoffrey, a grandee of the Jewish community there, has refused to speak to the media regarding his son.

Military censorship and wide-reaching gag orders are a fact of life for Israeli journalists. But this gag order was absolute. Articles which appeared on a number of Israeli websites yesterday noting the Australian programme were soon removed.

Even more extraordinary was the meeting called that afternoon by the Prime Minister’s office convening the so-called “Editors’ Committee”, a grouping set up in the early years of the state through which senior media figures could be briefed on secret information if they agreed to not publish it.

Historically this was a sort of gentleman’s agreement between the hacks and the establishment, who in the nascent days of Israel were understood to be more or less on the same side. Now, the annual meeting between the PM and the Editors’ Committee has become largely a matter of show, open to the scrutiny of other journalists. Self-censorship is managed more obliquely.

The Prisoner X situation was so extraordinary that a number of MKs used parliamentary privilege yesterday to ask the outgoing Justice Minister, Yaakov Ne’eman about the Australian reports.  Zahava Gal-On, head of the left-wing Meretz faction pouring scorn on the implied complicity of the Israeli media.

“I want to hear your stance on the fact that journalists volunteer to censor information at the government’s request,” she said. “Is it proper that the Prime Minister’s Office invited the Editors’ Committee to prevent news from being publicised? Today, we hear that in a country that claims to be a civilized democracy, journalists cooperate with the government, and that anonymous prisoners, who no one knew existed, commit suicide.”

The gag order has now been softened, perhaps due to the MKs’ questions,  and Israeli media are now reporting on the Australian story. But it’s the press rather than politicians who should be charged with exposing this kind of event.

There is an argument to be made that there is a need for some level of censorship to protect national security. But the censors need to choose their battles.

It’s stupid and self-destructive to try and suppress a story after it appears on a foreign media outlet. The suppression will inevitably serves to draw additional attention to the story.

The danger is that security becomes its own justification for censorship with a creeping reach.

Daniella Peled is editor at the Institute of War and Peace Reporting and writes widely on the Middle East

Israel’s “Prisoner X” case and the creep of military censorship

OPINION: In June 2010, Israel’s Ynet website reported on the detention, and then six months later on the death, of unknown detainee “Prisoner X” in solitary confinement.

A gag order issued by an Israeli court soon after put an end to any reporting on the case, or even reporting of the order itself. “Prisoner X” became a byword in the Israeli media for yet one more of the kind of security-related stories that no-one quite knows the truth of, and probably never will.

Nothing more was heard until this week, when an Australian TV documentary claimed that the man in question was one Ben Zygier, a 34-year-old father-of-two and an Australian citizen who had moved to Israel a decade earlier.

Zygier, who called himself Ben Alon in Israel, was apparently held in the cell — built to hold Yigal Amir, the assassin of Israeli prime minister Yitzhak Rabin — for a number of months before he was found hanged, and his body flown to Melbourne a week later. His father Geoffrey, a grandee of the Jewish community there, has refused to speak to the media regarding his son.

Military censorship and wide-reaching gag orders are a fact of life for Israeli journalists. But this gag order was absolute. Articles which appeared on a number of Israeli websites yesterday noting the Australian programme were soon removed.

Even more extraordinary was the meeting called that afternoon by the Prime Minister’s office convening the so-called “Editors’ Committee”, a grouping set up in the early years of the state through which senior media figures could be briefed on secret information if they agreed to not publish it.

Historically this was a sort of gentleman’s agreement between the hacks and the establishment, who in the nascent days of Israel were understood to be more or less on the same side. Now, the annual meeting between the PM and the Editors’ Committee has become largely a matter of show, open to the scrutiny of other journalists. Self-censorship is managed more obliquely.

The Prisoner X situation was so extraordinary that a number of MKs used parliamentary privilege yesterday to ask the outgoing Justice Minister, Yaakov Ne’eman about the Australian reports.  Zahava Gal-On, head of the left-wing Meretz faction pouring scorn on the implied complicity of the Israeli media.

“I want to hear your stance on the fact that journalists volunteer to censor information at the government’s request,” she said. “Is it proper that the Prime Minister’s Office invited the Editors’ Committee to prevent news from being publicised? Today, we hear that in a country that claims to be a civilized democracy, journalists cooperate with the government, and that anonymous prisoners, who no one knew existed, commit suicide.”

The gag order has now been softened, perhaps due to the MKs’ questions,  and Israeli media are now reporting on the Australian story. But it’s the press rather than politicians who should be charged with exposing this kind of event.

There is an argument to be made that there is a need for some level of censorship to protect national security. But the censors need to choose their battles.

It’s stupid and self-destructive to try and suppress a story after it appears on a foreign media outlet. The suppression will inevitably serves to draw additional attention to the story.

The danger is that security becomes its own justification for censorship with a creeping reach.

Daniella Peled is editor at the Institute of War and Peace Reporting and writes widely on the Middle East

Gerald Scarfe and grotesque offence

Sunday Times editor Martin Ivens yesterday issued an apology for publishing a cartoon by Gerald Scarfe depicting Israeli Prime Minister Binyamin Netanyahu.

The cartoon, which appeared in the paper as Britain marked Holocaust Memorial Day, showed the Israeli leader building a wall, and crushing Palestinians in the process. With its blood splashes and thuggish, brawny depiction of Netanyahu, the cartoon was, in the words of a Sunday Times spokesperson (before the apology), a “typically robust” piece of work by Scarfe.

The editor’s apology came after public criticism from his proprietor, Rupert Murdoch, who tweeted “Gerald Scarfe has never reflected the opinions of the Sunday Times. Nevertheless, we owe major apology for grotesque, offensive cartoon.”

It does seem slightly odd to apologise for a “grotesque, offensive” cartoon. As Martin Rowson (who draws strips for Index on Censorship magazine) points out in this article, and this Free Speech Bites podcast, cartoons are usually, by their very nature grotesque, and often offensive (to borrow a phrase from Woody Allen, at least if they’re done right).

Did this cartoon, however, cross a line? Lord Sacks, the chief rabbi, put out a statement, saying:

“The deplorable cartoon published in The Sunday Times on Holocaust Memorial Day, whether antisemitic or not, has caused immense pain to the Jewish community in the UK and around the world. Whatever the intention, the danger of such images is that they reinforce a great slander of our time: that Jews, victims of the Holocaust, are now perpetrators of a similar crime against the Palestinians. Not only is this manifestly untrue, it is also inflammatory and deeply dangerous.”

But Israeli journalist Anshel Pfeffer at Ha’aretz says that, while it may have been unpleasant, it did not contain any of the anti-Semitic blood libel and Nazi imagery that characterises genuinely Jew-hating cartoons.

Moreover, Scarfe has not notably singled out the Israeli leader for special treatment — a glance through the cartoonists archives shows portrayals of many equally blood-spattered world leaders (take, for example, this horrendous but riveting image of Bashar Al Assad, drenched in the blood of children)

Scarfe has apologised for the timing of the cartoon, though some, including Pfeffer, will say that Israeli leaders should not be immune from criticism on Holocaust Memorial Day.

Context is crucial in any debate over free speech and offence.

In 1981, far-right cartoonist Robert Edwards was given a 12-month sentence for “”aiding and abetting, counselling and procuring the publication of material likely to incite racial hatred”.

Robert Edwards’s work was unsubtle to say the least. The conviction came after the one off publication of a comic aimed at children called “The Stormer” (I did say he was unsubtle). The comic contained such delights as “”Billy the Yid”, and “Dresden and Auschwitz — The Facts!”, as well as strips targeting black and Asian people.

More recently, in 2009, Simon Shepherd and Stephen Whittle were convicted for several offences including pushing a leaflet entitled Tales of the Holohoax through the door of a Blackpool synagogue.

It is clear that Scarfe’s blood-spattered commentary on Netanyahu was quite different to the output of Edwards, Whittle and Shepherd (and there is another discussion to be had about free speech in those cases).

As such the intervention by 20 MPs writing a letter demanding an apology from the Sunday Times is a dismayingly knee-jerk reaction. As was Murdoch’s tweet.

At Index on Censorship’s Taking the Offensive conference yesterday, hundreds of artists discussed their fears of expressing themselves, lest they fall foul of local politicians, commercial sponsors, community leaders or even a Twitter mob. The censorious will always tend towards the literal, a mindset rather unsuited to the reading of the exaggerated, ironic world of art, including political cartooning.

Gaza: When is a journalist not a journalist?

OPINION

“Maybe we have a discussion about who is a journalist,” said Israeli government spokesman Mark Regev, in a much-publicised interview with Al Jazeera on Monday during which he was grilled about Israeli attacks on media centres in Gaza City. Even with the hopes for the current ceasefire holding, this is undoubtedly still a discussion that needs to be had, as Israel’s behaviour towards journalists throughout the week-long Gaza crisis has set something of a precedent.

The main target, hit during three out of the five incidents, was the Al Shorouq tower, known locally as “the journalists’ building”, as it housed media outlets including Sky News, Al Arabiya, Al Quds TV and Russia Today. The third attack killed two people, including a local head of a branch of the militant group Al Quds brigades, and wounded eight journalists. Regev dismissed suggestions Israeli forces were targeting journalists, saying:

If you can bring me someone who is a bona fide journalist who was injured, I want to know about it.

At the suggestion that Palestinian journalists were not being given the same level of respect that Regev gives the Israeli media — which he praises for its freedom — the spokesman argued that the media in Gaza is not free, implying it is a legitimate target for Israeli attacks.

Sameh Rahmi | Demotix

An Israeli air strike on Gaza City – Demotix

The illegitimacy of Palestinian media has been the first line of defence by Israelis justifying four separate attacks on media centre buildings — and one journalist directly — since the beginning of the Gaza crisis. The first attack last Sunday morning used five missiles to target a tower block housing pro-Hamas station Al Aqsa TV as well the offices of independent Palestinian news agency Ma’an, and has previously housed international media such as the BBC. According to Reporters Without Borders, “around 15 reporters and photographers wearing vests with the words TV Press were on the building’s roof at the time, covering the Israeli air strikes”. In an attack on Tuesday, two journalists from Al Aqsa TV were killed by an Israeli airstrike while driving in a car marked “press”.

Regev told the Al-Jazeera presenter: “unlike the country where you’re broadcasting from, Israel has a free press, the Israeli press is very aggressive and we respect that right.” He later added: “If you think Al Aqsa is free press, like say Tass in the former Soviet Union is a free press [sic], then let’s be serious for a second.”

Regev ignored how Israeli media is, like Al Aqsa, also likely to publish articles in favour of its own government’s policy, particularly in a time of heightened conflict. Witness the infamous Jerusalem Post article published by Gilad Sharon (son of Ariel), entitled “A decisive conclusion is necessary”, which stated: “There is no middle path here — either the Gazans and their infrastructure are made to pay the price, or we reoccupy the entire Gaza Strip.”

Al Aqsa in particular may not be a sterling example of free media, but that an attacking army is allowed to cherry pick sources of “legitimate” media is highly disturbing. It also implies that the IDF are of the belief that for Palestinians, their nationality trumps all, making them supposedly legitimate targets. Regev himself used the word “legitimate” to describe channels such as Al-Jazeera and the BBC in comparison to Al Aqsa, although offices used by Al Jazeera were also damaged during a nearby attack on the Abu Khadra building on Wednesday night, and offices of Agence France-Press (AFP) were targeted on Tuesday evening. Journalists, regardless of whether their outlet is considered “legitimate”, have been treated as collateral damage in this conflict.

Regev also blamed Hamas for “using journalists as human shields” by “placing their communications equipment in buildings that they know that journalists will use”. For their part, Ma’an stated when reporting on this issue that “there is no military infrastructure of any kind inside the building,” referring to the Al Shawa tower, another media base. The IDF have provided no proof of the communications equipment on either building.

Israel made much of its decision to allow international media into Gaza, from keeping the northern Erez checkpoint open to fast-processing of the press cards that allow journalists to cross it. On arrival at Erez, it was mandatory for all journalists to sign a waiver, stating that should they come to any harm, the IDF bears no responsibility.

The Israeli Government Press Office was also quick to condemn rumours of Hamas refusing to allow journalists to leave Gaza, but had fewer qualms about making its own demands that restrict journalists’ movement when inside the Strip. It explicitly warned journalists to stay away from anything or anyone connected to Gaza’s ruling Hamas party  — a difficult task in a place as densely-populated as Gaza. In one incident, Nicole Johnston from Al Jazeera’s English service reported receiving a message from the IDF which said:

Don’t take any Hamas or Islamic Jihad leaders in a car with you. We know who we’re looking for. We know their cars.

This implies that journalists were expected to consider contact with any Hamas official as overtly making themselves a target, a tactic designed to dissuade them from conducting interviews or engaging in any activity where the perspective of Hamas might be broadcast.

International media have praised the Israelis for their decision to allow Gaza to remain open, in contrast to Operation Cast Lead in 2009. But there is evidence of sleight-of-hand with journalistic safety, and the so-called “rules of engagement”. Targeting media, or in this case — targeting journalists who either don’t or can’t comply with the IDF’s demands — ignores Protocol 1, Article 79 of the Geneva Convention which states it is a war crime to target the media. This is despite a press release distributed by the Israeli government press office, which stated: “Israel and the IDF are fully committed to international law in general, and to the Laws of Armed Conflict in particular”.

International media have been flooding into Gaza to work alongside Palestinian media. But with such an aggressive targeted air campaign in one of the most densely populated areas on Earth and no “front line” to speak of, the most that both parties were able to do was to speak up in order to hope that Israel would react to international pressure to accept some part of the so-called “rules of engagement” and avoid targeting journalists.

The ceasefire is holding for now, but there are many lessons to be learned from the past week and a half, most of all because the vast majority of people believe that similar attacks on Gaza are likely to happen again. If that is the case, it is not unreasonable to expect that Israel and the IDF will have learnt that the harming of media of any nationality is not just an action which attracts the bad press that they seek to avoid. It is a crime.

Ruth Michaelson is a freelance journalist currently on assignment in Gaza. She tweets at @_Ms_R