Share |

Is Israel justified in 'strong arming' foreign journalists from participation in the 2011 Flotilla to cover the story from sea by its statement that participation in it, as a reporter, was liable to lead to being denied entry into the State of Israel for ten years?

Click here for a(n) Orthodox answer by Rabbi Benjamin J. Samuels

This question has become practically moot as Israel announced that it will not penalize Israeli or foreign journalist covering the Gaza flotilla as embedded reporters. The reason given by Israeli Prime Minister Netanyahu’s office was: “in order to create transparency and reliable coverage of the events” (official statement). This is desirable given the dueling narratives of what transpired during the first wave of Gaza flotilla aboard the Mavi Mara. Israel ultimately will best exonerate itself from unfounded allegations through a free, rather than restricted, press.

Regarding the above question per se, however, we can still consider the original justification for banning embedded press coverage aboard the Gaza Flotilla. From a legal perspective, if breaking Israel’s legal blockade of Gaza can be construed as an illegal entry into Israel’s de jure and de facto sovereign territory, should embedded flotilla reporters be seen as neutral parties or as individuals who themselves are breaking Israeli law? On the one hand, journalists often enjoy a different, more legally indulgent status than actual participants. On the other hand, when journalists themselves break the law to cover their story, they should be subject to legal liability like anyone else. Israel would seemingly have the prerogative, should it choose to exercise that prerogative, of penalizing individuals who seek illegal entry.

At the same time, freedom of expression and freedom of press are liberties essential to the integrity of any modern democracy. The curtailing of these freedoms would require great justification, such as considerations of incitement and significant threats to national security, just as debated from time to time in the context of the United States, as well. Thankfully, like the United States, Israel has a governmental separation of powers with executive, legislative and judicial branches to ensure that any difficult decisions involving the curtailing of essential liberties are subject to extensive scrutiny and judicial recourse. Something that cannot be said, unfortunately, of Israel’s numerous hostile neighbors.

Answered by: Rabbi Benjamin J. Samuels

Click here for a(n) Conservative answer by Rabbi Joel Rembaum (Emeritus)

Click here for a(n) Reform answer by Rabbi John Sherwood, Deceased (z"l)

This question reminds me of so many parallel questions about reactions to the policies of the Israeli government. Like so many other Jews, I love Israel, despite my disagreement with many of its policies. This particular call is both wrong and unwise. It is counter to Israel’s best self interest. The only way for freedom to exist is with a free and unrestricted press.

Our colleagues in Israel have issued a collective statement on the recently passed "boycott bill" in Israel. Their statement is below and is available for your use.

מר"ם - מועצת הרבנים המתקדמים בישראל

MARAM - The Israeli Council of Reform rabbis

You shall surely rebuke your fellow-you shall not bear his sin

(Leviticus 19.17)

The commandment to protest an injustice, to oppose oppression and to protect others against evildoers is one of the foundations of Judaism. The Jewish tradition teaches that leaders, educators and rabbis who witness an injustice and do not protest - their idiotic silence is seen as approval (Talmud Gittin 57.a)

The right to make a clear and sharp public statement and the civic act that attempts to transform a distorted reality - these are basic to democracy. The right to express an opinion, to persuade, to organize - these are the most important human rights. Without them neither society nor state can survive. Those who support the settlements and those who oppose them, those disturbed by the boycott of Israel and those disturbed by our losing our moral compass, right or left - all must have freedom in our society.

The "Boycott Law" recently enacted by the Israeli Knesset attacks the humanity of all. The majority is acting like a bully by attempting to prevent those with opposing opinions, those committed to a different moral stand, from expressing and fighting for them. This is an unprecedented dangerous step onto a slippery slope that continuously erodes the Jewish character and democratic nature of Israel. This law should not have been passed, we are forbidden to accept it. It is a mitzvah to protest it and fight it until it is rescinded.

We Reform rabbis of Israel (MARAM) are obligated, before God and people, to fight for justice and integrity, to the honor all people and to love of our fellow human being. We are committed to the love of Israel and to preserving the Jewish character of the State of Israel.

We call upon all who yearn for truth and justice, fairness and equality, whatever their Zionist political view, to join us in the struggle against the "Boycott Law". Demonstrate solidarity with all who might be harmed by it in the future. We call on rabbis of all streams and to clergy from our sister faiths in Israeli society to join forces in educational- religious activities to strengthen Israeli democracy and in the struggle against those who are attempting to destroy it.

July 2011, Tammuz 5771

מר"ם - מועצת הרבנים המתקדמים בישראל, רח' דוד המלך 13, ירושלים, טלפון

02-6203448

יו"ר - הרב מיה ליבוביץ' אב"ד - הרב יהורם מזור רכזת - הרבה גליה סדן טל.

052-8908063

Rabbi Danny Allen

Executive Director, ARZA

Answered by: Rabbi John Sherwood, Deceased (z"l)

Is Israel justified in 'strong arming' foreign journalists from participation in the 2011 Flotilla to cover the story from sea by its statement that participation in it, as a reporter, was liable to lead to being denied entry into the State of Israel for ten years?

National Slow Cooking Month

A Halachic View of ‘Freedom of Religion’

Why You Should Know the Name of Beatie Deutsch

I Haven’t Owned A TV Since 2001

When Anti-Semitism Is Inconvenient

Wright Brothers Day