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January 2024

Civilian Deaths in Gaza: Relatively Low by Alan M. Dershowitz

https://www.gatestoneinstitute.org/20343/gaza-civilian-deaths

Critics of Israel almost never cite comparable data from other military encounters. This omission creates the false impression that the civilian death tolls in Gaza are among the highest in history, when they are in fact among the lowest.

The New York Times’ conclusion that the new data suggests that it is “wrong to accuse [Israel] of wanting to maximize civilian deaths” is highly relevant to the false charges of genocide that are being considered by the International Court of Justice.

The decreasing civilian death rate among Gazans should also end the campaign to impose a ceasefire on Israel before the IDF completes its legitimate mission to destroy Hamas’ military capacity. Successfully completing that mission will save civilian lives in the long run, by reducing Hamas’ capacity to keep its promise of repeating the barbarism of October 7 and also by reducing its use of civilian shields.

The time has come, indeed it is long overdue, for the world to stop imposing a double standard on the nation-state of the Jewish people. Double standards are a form of bigotry, and when bigotry is addressed to the only nation-state of the Jewish people, it becomes a form of international anti-Semitism against the Jew among nations. It must stop.

Israel’s military actions have produced far fewer deaths and a far lower ratio of civilian-to-combatant deaths than in any comparable urban warfare. This is especially significant considering the reality that Hamas deliberately increases civilian deaths by using women and children as human shields and by hiding its military personnel and equipment among civilians.

You wouldn’t know it from the hectoring decision just rendered by the International Court of Justice (ICJ) against Israel, but the death toll among civilians in Gaza — even including children and women — is among the lowest in the history of comparable warfare. Over the past several months, it has become even lower.

According to The New York Times, “The daily death toll in Gaza has more than halved in the past month,” and has fallen almost two-thirds since late October. Moreover, the percentage of civilian to combatant causalities has gone down considerably as well.

In a massive understatement, The New York Times also reported that these considerable reductions in civilian deaths have been “somewhat overlooked” by the media and critics. “Somewhat”! They have been totally buried and ignored. The New York Times also opined that Israel’s “harshest critics are wrong to accuse it of wanting to maximize civilian deaths.”

It is no accident that this reduced civilian death toll has been “somewhat overlooked” by the media and by Israel’s critics, including previously by The New York Times itself. Israel is subject to a discernible double standard when it comes to covering its military actions.

Even before the recent dramatic reduction in civilian deaths, Israel’s military actions produced far fewer deaths and a far lower ratio of civilian-to-combatant deaths than in any comparable urban warfare. This is especially significant considering the reality that Hamas deliberately increases civilian deaths by using women and children as human shields and by hiding its military personnel and equipment among civilians. The current ratio of civilian-to-combatant is well below two-to-one, which compares extremely favorably with ratios achieved by other Western democracies in urban warfare.

Critics of Israel almost never cite comparable data from other military encounters. This omission creates the false impression that the civilian death tolls in Gaza are among the highest in history, when they are in fact among the lowest.

Every actual death of an innocent civilian — especially among babies and very young children — is a tragedy. It is these deaths that are always highlighted by Hamas to the media, but no one knows how many such deaths are actually among this most vulnerable segment of the population, and how many of those are the result of Hamas deliberately using young children as shields.

The Hamas figures for total deaths do not purport to distinguish combatants from what they consider civilian deaths. They never give the ages of the “children” they claim have been killed, although they regard anyone under the age of 19 as a child, even if they are active combatants. Hamas has recruited fighters as young as 13 to 19. The Hamas figures also do not count the Gazans who were killed by errant rockets launched by terrorists, or Gazans who were killed by Hamas for refusing its orders not to move to safer locations.

The New York Times’ conclusion that the new data suggests that it is “wrong to accuse [Israel] of wanting to maximize civilian deaths” is highly relevant to the false charges of genocide that are being considered by the International Court of Justice.

Nations engaged in genocide do not go to such great lengths trying to reduce civilian casualties, including placing its own soldiers at heightened risk by employing focused ground forces instead of relying exclusively on air and sea bombardments. The ICJ should immediately reject the genocide charges against Israel and initiate war crime charges against Hamas and Iran, both of which willfully try to increase civilian deaths.

The decreasing civilian death rate among Gazans should also end the campaign to impose a ceasefire on Israel before the IDF completes its legitimate mission to destroy Hamas’ military capacity. Successfully completing that mission will save civilian lives in the long run, by reducing Hamas’ capacity to keep its promise of repeating the barbarism of October 7 and also by reducing its use of civilian shields.

Israel’s conduct in its defensive war, started by Hamas, has been exemplary. It satisfies all international standards, and its effort to minimize civilian deaths while accomplishing its legitimate goals has generally been successful. There is always a tradeoff between reducing enemy civilian deaths and increasing risks to one’s own soldiers and civilians. Israel has struck a better balance than most, following the unprecedented Hamas barbarisms.

The time has come, indeed it is long overdue, for the world to stop imposing a double standard on the nation-state of the Jewish people. Double standards are a form of bigotry, and when bigotry is addressed to the only nation-state of the Jewish people, it becomes a form of international anti-Semitism against the Jew among nations. It must stop.

Alan M. Dershowitz is the Felix Frankfurter Professor of Law, Emeritus at Harvard Law School, and the author most recently of War Against the Jews: How to End Hamas Barbarism. He is the Jack Roth Charitable Foundation Fellow at Gatestone Institute, and is also the host of “The Dershow” podcast.

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The Biden Administration and the Iranian Regime’s Nuclear Weapons by Majid Rafizadeh

https://www.gatestoneinstitute.org/20341/iran-nuclear-weapons

In a noteworthy development, for the first time, the International Atomic Energy Agency (IAEA) has issued a warning, signaling that Iran now holds a sufficient quantity of highly enriched uranium capable of producing multiple nuclear warheads.

The regime has been actively supporting Hamas against Israel, providing assistance to Yemen’s Houthi terror group to attack ships in the Red Sea, escalating tensions with Pakistan, and providing weaponry to Russia for use against Ukraine. These multifaceted engagements in regional and global conflicts indicate the regime’s likely view of nuclear weapons as a means to further its strategic objectives.

In the midst of these ongoing conflicts, the last thing we need is an aggressive regime, with terrorist inclinations — and clearly no intention, despite every opportunity the West has given it, of “coming in from the cold” — possessing nuclear weapons.

The Biden administration’s nuclear policy concerning Iran’s nuclear program and its ability to acquire nuclear weapons is a complete disaster. Under the Biden administration’s leadership, Iran has made significant advances in its nuclear program that surpass the progress achieved under any previous administrations.

In a noteworthy development, for the first time, the International Atomic Energy Agency (IAEA) has issued a warning, signaling that Iran now holds a sufficient quantity of highly enriched uranium capable of producing multiple nuclear warheads. This development, reported by Bloomberg on January 18, prompted IAEA Director General Rafael Grossi to denounce Iran’s actions. Grossi also told The National newspaper, “Iran is the only non-nuclear weapon state which is enriching uranium at this very, very high level”.

The China Audit – Now Mandated Through The National Defense Authorization Act

In April 2023, my organization at OpenTheBooks.com partnered with U.S. Senator Joni Ernst (R-IA) to quantify $1.3 billion in taxpayer funds flowing into the adversarial nations of Russia and China.

Now, the research has informed a new law. Senator Ernst inserted language into the National Defense Authorization Act (NDAA) which was signed by President Joe Biden on December 22, 2023.

The new law mandates an audit of China, its virology labs, and other dangerous labs from around the world. The study and report to Congress must be completed within 180 days.

The law now directs the Pentagon to go back ten years and count all taxpayer money that flowed into the People’s Republic of China, the Communist Party of China (CCP), EcoHealth Alliance, the Wuhan Institute of Virology, any labs similar to Wuhan that are run by the Chinese Academy of Sciences, and any other entities owned or controlled – officially or unofficially – by these groups.

Then, the law goes a step further. 

The NDAA directs the Pentagon to quantify the dollars spent doing research on other dangerous viruses that have pandemic potential – not only in China, but also around the world. The result should be a list of viruses – think Ebola, Nipah, or influenza – and the countries we’re paying for dangerous research.

Victory

Following the endless controversy over the origins of the Covid pandemic, the new law is a dramatic victory.

The U.N.’s War on Israel While the International Court of Justice dignifies a blood libel, Unrwa has to fire staff over Oct. 7.

https://www.wsj.com/articles/united-nations-unrwa-israel-hamas-gaza-international-court-of-justice-south-africa-a806157a?mod=opinion_lead_pos3

What a day for the United Nations. Its International Court of Justice (ICJ) issued a preliminary ruling Friday in South Africa’s case against Israel that managed to be both outrageous and meaningless. At the same time, its special forever-refugee agency for the Palestinians, Unrwa, had to fire staff accused of involvement in Hamas’s Oct. 7 massacre. Our global moral beacon in action.

The ICJ tribunal indulged South Africa’s genocide libel by going ahead with a trial and trashing Israel for self-defense against Hamas. But the justices rejected Pretoria’s request to order Israel to stop the war. The court instead instructed Israel to prevent acts of genocide, punish incitement and facilitate aid to civilians—which Jerusalem is already doing. Israel will have to report back in a month, and the court could take years to decide on the merits.

As law professor Eugene Kontorovich writes, “That’s Jewish joy—they defamed us, treated us like no other democracy, undermined our right to self-defense, put the victim on trial—but it could have been worse!” All true, and an order to halt the war while Hamas holds territory and 136 hostages would have put Israel in a tight spot.

The U.N.’s credibility is also on trial, especially through Unrwa, whose reports the court relied on. After Israel brought evidence that 12 Unrwa employees participated in the Oct. 7 attack, the U.S. State Department announced on Friday a pause in funding to the U.N.’s Palestinian refugee agency pending investigation.

A new U.N. Watch report, to be released and discussed in Congress on Tuesday, shows “how a Telegram group of 3,000 UNRWA teachers in Gaza celebrated the October 7th Hamas massacre.” The message group’s administrators, identified by name and Unrwa contract number, are seen praising Hamas’s “holy warriors” and praying for them to murder Israelis: “O God, tear them apart,” “kill them one by one,” “leave none of them behind,” “execute the first settler on live broadcast.” One urged that Gazans stay in place to help Hamas.

A hollow Holocaust Remembrance Day January 27. 2024 Jonathan Tobin

https://www.jns.org/a-hollow-holocaust-remembrance-day/?_se=

Those who support a ceasefire to allow a genocidal antisemitic movement like Hamas to commit more slaughters of Jews shouldn’t pretend to mourn the Six Million.

It’s an important date on the international community’s calendar. Every year, the United Nations and many other institutions and organizations hold ceremonies on Jan. 27 commemorating the Holocaust. It’s long been clear that much of the world did so without actually thinking seriously about what allowed the Nazis’ campaign of extermination of European Jewry to succeed as well as it did. Nor do most of those going through the motions of mourning the systematic murder of 6 million Jews or making empty promises about “never again” think much about how a supposedly civilized people like the Germans, with the help of various collaborators from other nations, convinced themselves that it was not only acceptable to kill that many people but justified to do so.

But this year, perhaps they shouldn’t bother to pretend to care about the subject. After the Hamas atrocities on Oct. 7 and, even more importantly, the reaction of much of the civilized world to what happened, the meaninglessness of most of what passes for the commemoration of the Shoah by the international community and the West has become painfully obvious.

It goes beyond hypocrisy

To describe those who are indifferent to the mass slaughter of Jews today but still prepared to mouth words of indignation about those killed by the Nazis in the 1930s and ’40s as merely hypocritical is insufficient.

The willingness of the world, including many of the educated elites in the West to dismiss the importance of the crimes perpetrated in southern Israel three months ago, to be effectively neutral about the murders, rapes, torture and kidnapping committed by Hamas and the Palestinians—or actually to take the side of the murderers, rapists, torturers and kidnappers—isn’t just shocking. It’s a seminal moment in modern history that not only illustrates the moral bankruptcy of a significant segment of contemporary opinion but also provides an explanation for how the Holocaust happened. As hard as it may be for us to accept, this demonstrates that Holocaust commemorations or even education programs about the destruction of European Jewry in the mid-20th century either don’t make people less likely to support more Holocausts; even worse, all this might be counterproductive.

The surge in antisemitism throughout the West in the aftermath of Oct. 7—with mobs marching in the streets of major cities and on college campuses proclaiming their support for the destruction of the one Jewish state on the planet (“from the river to the sea”) and for terrorism against Jews in Israel and everywhere else (“globalize the intifada”)—and the support such positions have received in much of the corporate media was surprising to those Jews who thought such sentiments were only held by marginal extremists. Nor can they be explained as an understandable reaction to a supposedly disproportionate Israeli response to terrorism or as sympathy for Palestinians caught up in a war that Hamas started.

Trump Ordered to Pay $83 Million in E. Jean Carroll Defamation Case By David Zimmermann

https://www.nationalreview.com/news/trump-ordered-to-pay-83-million-in-e-jean-carroll-defamation-case/

Former president Donald Trump has been ordered to pay journalist E. Jean Carroll $83 million in her civil defamation case against him, a Manhattan federal jury decided Friday afternoon.

Jurors reached a verdict in under three hours, taking into account compensatory and punitive damages for Trump’s allegedly malicious defamation of the columnist. The jury began deliberating around 1:40 p.m. over their lunch break, as told by U.S. district judge Lewis Kaplan, who presided over the trial.

If a decision was not made by 4:30 p.m., the judge told the jury to send him a note either asking to break for the weekend or to deliberate further into Friday evening.

Trump must now pay $18.3 million in compensatory damages and $65 million in punitive damages, adding to a total of $83.3 million. The final amount was nearly $60 million more than what Carroll’s side was seeking, which was $24 million.

In a statement, Trump called the second verdict in the case “absolutely ridiculous” and said he would appeal the decision. He was not present in the courthouse when the verdict was announced.

In May, Trump was ordered to pay Carroll $5 million in combined damages after a separate jury found him liable for sexually abusing and defaming his accuser. At the time, jurors were asked to determine whether there was more than a 50 percent chance that Trump assaulted Carroll in the dressing room of the Bergdorf Goodman store in Manhattan in the mid 1990s, as she has claimed.

The previous jury found that Trump most likely sexually assaulted Carroll but rejected the allegation that he raped her. The jury also decided that Trump’s Truth Social post from October 2022 calling her allegations a “hoax” did defame Carroll.

Considering liability had already been determined, the current jury was only tasked with deciding how much Trump should pay Carroll on top of the $5 million that was awarded last year. Carroll was originally seeking $10 million in damages, but her lawyer, Roberta Kaplan, increased the amount to at least $24 million during the trial’s closing arguments earlier Friday.

International Court of Justice Has Deemed Zionism a Form of Genocide Elliott Abrams

https://www.nationalreview.com/corner/international-court-of-justice-has-deemed-zionism-a-form-of-genocide/?utm_source=recirc-

On November 10, 1975, the United Nations declared, “Zionism is a form of racism.”

The U.S. ambassador, Daniel P. Moynihan, responded, “The United States rises to declare before the General Assembly of the United Nations, and before the world, that it does not acknowledge, it will not abide by, it will never acquiesce in this infamous act.” Moynihan concluded, “The lie is that Zionism is a form of racism. The overwhelmingly clear truth is that it is not.”

That resolution was the lowest moment in the history of the United Nations — until now. Now, the so-called International Court of Justice has in effect found that Zionism can be a form of genocide. For what the court found is that Israel’s defense against Hamas may violate the genocide convention.

It remains to be seen if the Biden administration can rise to this occasion as Moynihan did in 1975. This ruling is as great a crime. The court relied on “facts” from sickeningly biased U.N. officials, from the irredeemably compromised UNRWA whose complicity with Hamas is crystal clear, and from the Hamas ministry of health in Gaza. With these “facts” in hand, it rolled on to conclude that Israel’s defense of itself and its war to defeat Hamas may amount to the crime of genocide.

This turns justice on its head. Killing Jews is not found to be genocide, but it is a crime for Jews to try to defend themselves. Not since the days of Nazi Germany has such a moral inversion of international law been propounded.

As in 1975, the U.N. system is being weaponized — in fact, is willfully turning itself into a weapon — to delegitimize the Jewish state. It may be attacked, but it may not try to defeat its attackers without facing United Nations’ efforts to tie its hands — just as Jews could be attacked in Nazi Germany but were arrested if they fought back.

It will be said that all the court’s rulings are provisional. More proceedings are to come — years of them. But that is the point: Israel will be in the dock now for years to come. Not China for its mass murder of Uyghurs. Not Syria for massacres of hundreds of thousands of civilians. Not Russia for deliberate bombing of civilians in Ukraine. Only Israel, for its efforts to destroy a terrorist group that killed a thousand civilians in the most brutal ways imaginable on October 7, 2023.

When Science Is Not Science Joel Zinberg, M.D.

https://www.nationalreview.com/2024/01/when-science-is-not-science/

We’ll be a long time recovering from the evidence-free ‘science’ pushed on the public during Covid.

Just 22 percent of all adults and 41 percent of those 65 and older — the most vulnerable group — have received the updated 2023–24 Covid-19 vaccine. The numbers are nearly identical to those of the previous updated (bivalent) Covid-19 booster — 21 percent of adults and 43 percent of people 65 and older. But both updates showed a marked drop-off from the original two-shot vaccine series that 79 percent of adults and 94 percent of the elderly received. Senior FDA officials Doctors Peter Marks and Robert Califf argue that despite the proven benefits of Covid-19 vaccines, we have reached a “tipping point” where this new vaccine hesitancy will result in thousands of preventable deaths.

But low vaccine uptake is not, as Marks and Califf suggest, a result of misinformation, at least not misinformation in the way they mean it. Rather, it is the product of science, specifically public-health science, as practiced during the pandemic, that was evidence-free, politically and personally motivated, dismissive of other points view, and that ended up undermining public trust.

As time has gone by, it has become clear that public-health pandemic science, as personified by Dr. Anthony Fauci — who famously declared, “Attacks on me quite frankly are attacks on science” — was far removed from the scientific method of unbiased observation and experimentation to ascertain truth about natural processes.

Fauci, the longtime head of the National Institutes of Allergy and Infectious Diseases, recently admitted in congressional testimony that the guidelines he championed to keep people six feet apart were not based on scientific data. “They sort of just appeared,” he said. Testimony from the former director of the National Institutes of Health, Francis Collins, confirmed Fauci’s assessment that the six-foot distancing recommendation was not evidence based.

In August 2021, Fauci advocated vaccine mandates for schoolchildren under twelve, well after it was clear that this age group had almost no risk of severe Covid-19 disease or mortality. Months later he defended generalized vaccine mandates, claiming they would protect people from becoming infected and passing the virus on to others. But he admitted in a scientific journal article he co-authored that there had always been good scientific reasons to believe that vaccines against the respiratory virus that causes Covid-19, SARS-CoV-2, would provide “decidedly suboptimal” protection against infection that would, at best, last a few months. He made the transmission claims and mandate recommendations anyway, despite data showing that the effectiveness of the vaccines was declining with each new viral variant.

FBI luminaries starkly warn Congress that U.S. being invaded at border: ‘Alarming and perilous’ “In its modern history the U.S. has never suffered an invasion of the homeland and, yet, one is unfolding now,” the FBI executives wrote in letter to congressional leadership By John Solomon

https://justthenews.com/government/security/fbi-luminaries-starkly-warn-congress-us-being-invaded-border-alarming-and

With a constitutional crisis brewing in Texas and voters nationwide alarmed by the toll of illegal immigration, some of the FBI’s most famous retired executives are issuing a stark warning to Congress that President Joe Biden’s border policies have unleashed an “invasion” of military-aged male foreigners who pose “one of the most pernicious ever” threats to American security.

Ten former FBI executives – some who oversaw the bureau’s intelligence, counterterrorism, criminal and training operations – expressed their alarm in a letter dated Jan. 17 to House Speaker Mike Johnson, Senate Leader Chuck Schumer and the chairmen of the House and Senate committees that preside over the U.S. intelligence and Homeland Security apparatus.

Their language affirms that of both current FBI Director Christopher Wray, who testified the nation’s security lights are “blinking red,” and Texas Gov. Greg Abbott, who alleges Biden’s loosening of border security has allowed an “invasion” of America by foreigners with troubling origins and attributes.

“In its modern history the U.S. has never suffered an invasion of the homeland and, yet, one is unfolding now,” the FBI luminaries wrote. “Military aged men from across the globe, many from countries or regions not friendly to the United States, are landing in waves on our soil by the thousands – not by splashing ashore from a ship or parachuting from a plane but rather by foot across a border that has been accurately advertised around the world as largely unprotected with ready access granted.

“It would be difficult to overstate the danger represented by the presence inside our borders of what is comparatively a multi-division army of young single adult males from hostile nations and regions whose background, intent, or allegiance is completely unknown,” they added.

Is the Electoral Fix Already In? The 2024 presidential race increasingly looks like it will be decided by lawyers, not voters, as Democrats unveil plans for America’s first lawfare election Matt Taibbi

https://www.racket.news/p/is-the-electoral-fix-already-in

“A politician who claims to be doing the job for us is up to something. The group in the current White House is trying to steal for themselves a word that belongs to you. Don’t let them.”

The fix is in. To “protect democracy,” democracy is already being canceled. We just haven’t admitted the implications of this to ourselves yet.

On Sunday, January 14th, NBC News ran an eye-catching story: “Fears grow that Trump will use the military in ‘dictatorial ways’ if he returns to the White House.” It described “a loose-knit network of public interest groups and lawmakers” that is “quietly” making plans to “foil any efforts to expand presidential power” on the part of Donald Trump.

The piece quoted an array of former high-ranking officials, all insisting Trump will misuse the Department of Defense to execute civilian political aims. Since Joe Biden’s team “leaked” a strategy memo in late December listing “Trump is an existential threat to democracy” as Campaign 2024’s central talking point, surrogates have worked overtime to insert existential or democracy in quotes. This was no different:

“We’re about 30 seconds away from the Armageddon clock when it comes to democracy,” said Bill Clinton’s Secretary of Defense, William Cohen, adding that Trump is “a clear and present danger to our democracy.” Skye Perryman of Democracy Forward, one of the advocacy groups organizing the “loose” coalition, said, “We believe this is an existential moment for American democracy.” Declared former CIA and defense chief Leon Panetta: “Like any good dictator, he’s going to try to use the military to basically perform his will.”

Former Acting Assistant Attorney General for National Security at the U.S. Department of Justice and current visiting Georgetown law professor Mary McCord was one of the few coalition participants quoted by name. She said:

We’re already starting to put together a team to think through the most damaging types of things that he [Trump] might do so that we’re ready to bring lawsuits if we have to.