Second Intifada
The Second Intifada ( ar, الانتفاضة الثانية, ; he, האינתיפאדה השנייה, ), also known as the Al-Aqsa Intifada ( ar, انتفاضة الأقصى, label=none, '), was a major Palestinian uprising against Israel. ...
, 12-year-old Muhammad al-Durrah () was killed in the
Gaza Strip
The Gaza Strip (;The New Oxford Dictionary of English (1998) – p.761 "Gaza Strip /'gɑːzə/ a strip of territory under the control of the Palestinian National Authority and Hamas, on the SE Mediterranean coast including the town of Gaza.. ...
during widespread protests and riots across the
Palestinian territories
The Palestinian territories are the two regions of the former British Mandate for Palestine that have been militarily occupied by Israel since the Six-Day War of 1967, namely: the West Bank (including East Jerusalem) and the Gaza Strip. The I ...
against Israeli military occupation. Jamal al-Durrah and his son Muhammad were filmed by Talal Abu Rahma, a Palestinian television cameraman freelancing for
France 2
France 2 () is a French public national television channel. It is part of the state-owned France Télévisions group, along with France 3, France 4, France 5 and France Info. France Télévisions also participates in Arte and Euronews.
Since 3:2 ...
, as they were caught in crossfire between the Israeli military and Palestinian security forces. Footage shows them crouching behind a concrete cylinder, the boy crying and the father waving, then a burst of gunfire and dust. Muhammad is shown slumping as he is mortally wounded by gunfire, dying soon after."French court examines footage of Mohammad al-Dura's death" , ''Haaretz'', 16 May 2007.
Fifty-nine seconds of the footage were broadcast on television in France with a voiceover from
Charles Enderlin
Charles Enderlin (born 1945) is a French-Israeli journalist, specialising in the Middle East and Israel. He is the author of a number of books on the subject, including ''Shamir, une biographie'' (1991), ''Shattered Dreams: The Failure of the Pea ...
, the station's bureau chief in Israel. Based on information from the cameraman, Enderlin told viewers that the al-Durrahs had been the target of fire from the Israeli positions and that the boy had died.Anne-Elisabeth Moutet "L'Affaire Enderlin" , ''The Weekly Standard'', 7 July 2008. After an emotional public funeral, Muhammad was hailed throughout the Muslim world as a
martyr
A martyr (, ''mártys'', "witness", or , ''marturia'', stem , ''martyr-'') is someone who suffers persecution and death for advocating, renouncing, or refusing to renounce or advocate, a religious belief or other cause as demanded by an externa ...
.David Cook, ''Martyrdom in Islam'', Cambridge University Press, 2007 155–156 .
The
Israel Defense Forces
The Israel Defense Forces (IDF; he, צְבָא הַהֲגָנָה לְיִשְׂרָאֵל , ), alternatively referred to by the Hebrew-language acronym (), is the national military of the Israel, State of Israel. It consists of three servic ...
accepted responsibility for the shooting at first, claiming that Palestinians used children as
human shield
A human shield is a non-combatant (or a group of non-combatants) who either volunteers or is forced to shield a legitimate military target in order to deter the enemy from attacking it. The use of human shields as a resistance measure was popula ...
sSarah Shoker, https://books.google.fr/books?id=hXr7DwAAQBAJ&pg=PA39 ''Military-Age Males in Counterinsurgency and Drone Warfare,''
Springer Nature
Springer Nature or the Springer Nature Group is a German-British academic publishing company created by the May 2015 merger of Springer Science+Business Media and Holtzbrinck Publishing Group's Nature Publishing Group, Palgrave Macmillan, and Macm ...
BBC News
BBC News is an operational business division of the British Broadcasting Corporation (BBC) responsible for the gathering and broadcasting of news and current affairs in the UK and around the world. The department is the world's largest broadca ...
, 3 October 2000. Critics of Enderlin's filmed report have since questioned the accuracy of France 2's footage. French journalists who saw the raw footage said that France 2 had cut a final few seconds in which Muhammad appeared to lift his hand from his face; they acknowledged that Muhammad had died, but said the footage alone did not show it. France 2's news editor said in 2005 that no one could be sure who fired the shots.Doreen Carvajal "Photo of Palestinian Boy Kindles Debate in France" , ''
The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'', 7 February 2005. Other commentators, particularly
Philippe Karsenty
Philippe Karsenty (born 25 June 1966) is a French politician and founder of ''Media-Ratings'', a company monitoring the French media for bias. Karsenty came to public attention when he was sued for libel by the public French television network, ...
, a French media commentator, went further, alleging that the scene had been staged by France 2; France 2 sued him for libel and in 2013 he was fined €7,000 by the
Court of Appeal of Paris
The Court of Appeal of Paris (french: Cour d'appel de Paris) is the largest appeals court in France in terms of the number of cases brought before it. Its jurisdiction covers the departments of Paris, Essonne, Yonne, Seine-et-Marne, Seine-Saint- ...
Associated Press
The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspa ...
Haaretz
''Haaretz'' ( , originally ''Ḥadshot Haaretz'' – , ) is an Israeli newspaper. It was founded in 1918, making it the longest running newspaper currently in print in Israel, and is now published in both Hebrew and English in the Berliner f ...
'', 20 May 2013.
The footage of the father and son acquired what one writer called the power of a battle flag. Postage stamps in the Middle East carried the images. Abu Rahma's coverage of the al-Durrah shooting brought him several journalism awards, including the
Rory Peck Award
The Rory Peck Award is an award given to freelance camera operators who have risked their lives to report on newsworthy events.
On 28 September 2000, two days before the shooting, the Israeli opposition leader
Ariel Sharon
Ariel Sharon (; ; ; also known by his diminutive Arik, , born Ariel Scheinermann, ; 26 February 1928 – 11 January 2014) was an Israeli general and politician who served as the 11th Prime Minister of Israel from March 2001 until April 2006.
S ...
visited the
Temple Mount
The Temple Mount ( hbo, הַר הַבַּיִת, translit=Har haBayīt, label=Hebrew, lit=Mount of the House f the Holy}), also known as al-Ḥaram al-Sharīf (Arabic: الحرم الشريف, lit. 'The Noble Sanctuary'), al-Aqsa Mosque compoun ...
in the
Old City of Jerusalem
The Old City of Jerusalem ( he, הָעִיר הָעַתִּיקָה, translit=ha-ir ha-atiqah; ar, البلدة القديمة, translit=al-Balda al-Qadimah; ) is a walled area in East Jerusalem.
The Old City is traditionally divided into ...
, a holy site in both Judaism and Islam with contested rules of access. The violence that followed had its roots in several events, but the visit was provocative and triggered protests that escalated into rioting across the
West Bank
The West Bank ( ar, الضفة الغربية, translit=aḍ-Ḍiffah al-Ġarbiyyah; he, הגדה המערבית, translit=HaGadah HaMaʽaravit, also referred to by some Israelis as ) is a landlocked territory near the coast of the Mediter ...
and Gaza Strip.Gal Beckerman "The Unpeaceful Rest of Mohammed Al-Dura" , ''Columbia Journalism Review'', 3 October 2007. The uprising became known as the Second Intifada; it lasted over four years and cost around 4,000 lives, over 3,000 of them Palestinian.
The
Netzarim
Netzarim ( he, נְצָרִים) was an Israeli settlement in the Gaza Strip about 5 kilometers southwest of Gaza City. It was established in 1972. In August 2005, the inhabitants of Netzarim were evicted by the Israel Defense Forces as part o ...
junction, where the shooting took place, is known locally as the ''al-Shohada'' (martyrs') junction. It lies on Saladin Road, a few kilometres south of
Gaza City
Gaza (;''The New Oxford Dictionary of English'' (1998), , p. 761 "Gaza Strip /'gɑːzə/ a strip of territory in Palestine, on the SE Mediterranean coast including the town of Gaza...". ar, غَزَّة ', ), also referred to as Gaza City, i ...
. The source of conflict at the junction was the nearby Netzarim settlement, where 60 Israeli families lived until Israel's withdrawal from Gaza in 2005. A military escort accompanied the settlers whenever they left or arrived at the settlement, and an Israeli military outpost, Magen-3, guarded the approach. The area had been the scene of violent incidents in the days before the shooting."Israeli settler convoy bombed in Gaza, three injured" CNN, 27 September 2000.Suzanne Goldenberg "Making of a martyr" , ''The Guardian'', 3 October 2000.
People
Jamal and Muhammad al-Durrah
Jamal al-Durrah (; born c. 1963) was a carpenter and house painter before the shooting. Since then, because of his injuries, he has worked as a truck driver.Doha Shams "Still Seeking Justice for Muhammad al-Durrah" , ''Al-Akhbar'', 2 May 2012. He and his wife, Amal, live in the
UNRWA
The United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) is a UN agency that supports the relief and human development of Palestinian refugees. UNRWA's mandate encompasses Palestinians displaced by the 1948 P ...
-run Bureij refugee camp in the Gaza Strip. As of 2013 they had four daughters and six sons, including a boy, Muhammad, born two years after the shooting.
Until the shooting, Jamal had worked for Moshe Tamam, an Israeli contractor, for 20 years, since he was 14. Writer Helen Schary Motro came to know Jamal when she employed him to help build her house in Tel Aviv. She described his years of rising at 3:30 am to catch the bus to the border crossing at four, then a second bus out of Gaza so he could be at work by six. Tamam called him a "terrific man," someone he trusted to work alone in his customers' homes.Helen Schary Motro "Living among the headlines" , ''Salon'', 7 October 2000.
Muhammad Jamal Al-Durrah (born 1988) was in fifth grade, but his school was closed on 30 September 2000; the
Palestinian Authority
The Palestinian National Authority (PA or PNA; ar, السلطة الوطنية الفلسطينية '), commonly known as the Palestinian Authority and officially the State of Palestine,
had called for a general strike and day of mourning following violence in Jerusalem the day before. His mother said he had been watching the rioting on television and asked if he could join in. Father and son decided instead to go to a car auction.Talal Abu Rahma "Statement under oath by a photographer of France 2 Television" Palestinian Centre for Human Rights, 3 October 2000. Jamal had just sold his 1974 Fiat, Motro wrote, and Muhammad loved cars, so they went to the auction together.
Charles Enderlin
Charles Enderlin
Charles Enderlin (born 1945) is a French-Israeli journalist, specialising in the Middle East and Israel. He is the author of a number of books on the subject, including ''Shamir, une biographie'' (1991), ''Shattered Dreams: The Failure of the Pea ...
was born in 1945 in Paris; his grandparents were Austrian Jews who had left the country in 1938 when Germany invaded. After briefly studying medicine, he moved to Jerusalem in 1968 where he became an Israeli national. He began working for France 2 in 1981, serving as their bureau chief in Israel from 1990 until his retirement in 2015. Enderlin is the author of several books about the Middle East, including one about Muhammad al-Durrah, ''Un Enfant est Mort: Netzarim, 30 Septembre 2000'' (2010). Pierre Haski "«Un enfant est mort»: Charles Enderlin défend son honneur" , ''L'Obs'', 29 September 2010. Highly regarded among his peers and within the French establishment, he submitted a letter from
Jacques Chirac
Jacques René Chirac (, , ; 29 November 193226 September 2019) was a French politician who served as President of France from 1995 to 2007. Chirac was previously Prime Minister of France from 1974 to 1976 and from 1986 to 1988, as well as Ma ...
, during the Philippe Karsenty libel action, who wrote in flattering terms of Enderlin's integrity.Letter from Jacques Chirac to Charles Enderlin 25 February 2004 (courtesy of Media Ratings France). In 2009 he was awarded France's highest decoration, the
Légion d'honneur
The National Order of the Legion of Honour (french: Ordre national de la Légion d'honneur), formerly the Royal Order of the Legion of Honour ('), is the highest French order of merit, both military and civil. Established in 1802 by Napoleon ...
.
According to journalist
Anne-Elisabeth Moutet
Anne-Elisabeth Moutet is a French journalist, writer and columnist. She writes for The Daily Telegraph in London particularly on international affairs.
Career
Born in Paris, she began her career at the ''VSD'' of Maurice Siégel and Jean Gorini ...
, Enderlin's coverage of the Israeli-Palestinian conflict was respected by other journalists but was regularly criticized by pro-Israel groups. As a result of the al-Durrah case, he received death threats, his wife was assaulted in the street, Élisabeth Schemla "Un entretien exclusif avec Charles Enderlin, deux ans après la mort en direct de Mohamed Al-Dura à Gaza" ''Proche-Orient.info'', 1 October 2002. his children were threatened, the family had to move home, and at one point they considered emigrating to the United States.
Talal Abu Rahma
Talal Hassan Abu Rahma studied business administration in the United States, and began working as a freelance cameraman for France 2 in Gaza in 1988. At the time of the shooting, he ran his own press office, the National News Center, contributed to CNN through the Al-Wataneya Press Office, and was a board member of the Palestinian Journalists' Association. His coverage of the al-Durrah shooting brought him several journalism awards, including the
Rory Peck Award
The Rory Peck Award is an award given to freelance camera operators who have risked their lives to report on newsworthy events."Talal Abu Rahma" Rory Peck Awards, 2001. According to France 2 correspondent Gérard Grizbec, Abu Rahma had never been a member of a Palestinian political group, had twice been arrested by Palestinian police for filming images that did not meet the approval of
Yasser Arafat
Mohammed Abdel Rahman Abdel Raouf al-Qudwa al-Husseini (4 / 24 August 1929 – 11 November 2004), popularly known as Yasser Arafat ( , ; ar, محمد ياسر عبد الرحمن عبد الرؤوف عرفات القدوة الحسيني, Mu ...
, and had never been accused of security breaches by Israel.
Initial reports
Scene on the day
On the day of the shooting—
Rosh Hashanah
Rosh HaShanah ( he, רֹאשׁ הַשָּׁנָה, , literally "head of the year") is the Jewish New Year. The biblical name for this holiday is Yom Teruah (, , lit. "day of shouting/blasting") It is the first of the Jewish High Holy Days (, , " ...
, the Jewish New Year—the two-story
Israel Defense Forces
The Israel Defense Forces (IDF; he, צְבָא הַהֲגָנָה לְיִשְׂרָאֵל , ), alternatively referred to by the Hebrew-language acronym (), is the national military of the Israel, State of Israel. It consists of three servic ...
(IDF) outpost at the Netzarim junction was manned by Israeli soldiers from the
Givati Brigade
The 84th "Givati" Brigade ( he, חֲטִיבַת גִּבְעָתִי, , "Hill Brigade" or "Highland Brigade") is an Israel Defense Forces infantry brigade. Until 2005, the Brigade used to be stationed within the Gaza Strip and primarily perf ...
Engineering Platoon and the Herev Battalion.Netty C. Gross "Split Screen" ''The Jerusalem Report'', 21 April 2003.Arieh O'Sullivan ''Jerusalem Post'', 6 June 2001. According to Enderlin, the soldiers were
Druze
The Druze (; ar, دَرْزِيٌّ, ' or ', , ') are an Arabic-speaking esoteric ethnoreligious group from Western Asia who adhere to the Druze faith, an Abrahamic, monotheistic, syncretic, and ethnic religion based on the teachings of ...
.
The two-story IDF outpost sat northwest of the junction. Two six-story Palestinian blocks (known as the twins or twin towers and described variously as offices or apartments) lay directly behind it. South of the junction, diagonally across from the IDF, there was a
Palestinian National Security Forces
The Palestinian National Security Forces (NSF; ar, قوات الأمن الوطني الفلسطيني ''Quwwat al-Amn al-Watani al-Filastini'') are the paramilitary security forces of the Palestinian National Authority. The name may either re ...
outpost under the command of Brigadier-General Osama al-Ali, a member of the
Palestine National Council
The Palestinian National Council (PNC) ( ar, المجلس الوطني الفلسطيني, "'Almajlis Alwataniu Alfilastiniu"') is the legislative body of the Palestine Liberation Organization (PLO) and elects the PLO Executive Committee, which ...
. The concrete wall that Jamal and Muhammad crouched against was in front of this building; the spot was less than 120 metres from the most northerly point of the Israeli outpost.
In addition to France 2, the
Associated Press
The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspa ...
and
Reuters
Reuters ( ) is a news agency owned by Thomson Reuters Corporation. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide. Reuters is one of the largest news agencies in the world.
The agency was estab ...
also had camera crews at the junction. They captured brief footage of the al-Durrahs and Abu Rahma. Abu Rahma was the only journalist to film the moment the al-Durrahs were shot.
Arrival at the junction, shooting starts
Jamal and Muhammad arrived at the junction in a cab around midday, on their way back from the car auction.
Esther Schapira ''Drei Kugeln und ein totes Kind: Wer erschoss Mohammed Al-Dura?'' , ARD, 18 March 2002, from 00:19:00:00 (interview with Jamal al-Durrah). There had been a protest, demonstrators had thrown stones, and the IDF had responded with tear gas. Abu Rahma was filming events and interviewing protesters, including Abdel Hakim Awad, head of the
Fatah
Fatah ( ar, فتح '), formerly the Palestinian National Liberation Movement, is a Palestinian nationalist social democratic political party and the largest faction of the confederated multi-party Palestine Liberation Organization (PLO) and ...
youth movement in Gaza. Because of the protest, a police officer stopped Jamal and Muhammad's cab from going any further, so father and son proceeded on foot across the junction. It was at that point, according to Jamal, that the live fire started. Enderlin said the first shots were fired from the Palestinian positions and returned by the Israeli soldiers.
Jamal, Muhammad, the Associated Press cameraman, and Shams Oudeh, the Reuters cameraman, took cover against the concrete wall in the south-east quadrant of the crossroads, diagonally across from the Israeli outpost. with English subtitles. Esther Schapira, Georg M. Hafner ''Das Kind, der Tod und die Wahrheit'' , Hessischer Rundfunk, 4 March 2009, 00:09:47:05, courtesy of Vimeo . On YouTube (without subtitles) 1/5
5/5 . Jamal, Muhammad and Shams Oudeh crouched behind a three-foot-tall (0.91 m) concrete drum, apparently part of a
culvert
A culvert is a structure that channels water past an obstacle or to a subterranean waterway. Typically embedded so as to be surrounded by soil, a culvert may be made from a pipe, reinforced concrete or other material. In the United Kingdom ...
, that was sitting against the wall. A thick paving stone sat on top of the drum, which offered further protection.
James Fallows
James Mackenzie Fallows (born August 2, 1949) is an American writer and journalist. He is a former national correspondent for ''The Atlantic.'' His work has also appeared in ''Slate'', ''The New York Times Magazine'', ''The New York Review of Book ...
"Who shot Mohammed al-Durra?" , ''The Atlantic'', June 2003. Abu Rahma hid behind a white minibus parked across the road about 15 metres away from the wall. The Reuters and Associated Press cameramen briefly filmed over Jamal and Muhammad's shoulders—the cameras pointing toward the Israeli outpost—before the men moved away. Jamal and Muhammad did not move away, but stayed behind the drum for 45 minutes. In Enderlin's view, they were frozen in fear.
France 2 report
In an affidavit three days after the shooting, Abu Rahma said shots had been fired for about 45 minutes and that he had filmed around 27 minutes of it. (How much film was shot became a bone of contention in 2007 when France 2 told a court that only 18 minutes of film existed.) He began filming Jamal and Muhammad when he heard Muhammad cry and saw that the boy had been shot in the right leg. He said he filmed the scene containing the father and son for about six minutes.Schapira and Hafner 2009 , 00:10:39:24. He sent those six minutes to Enderlin in Jerusalem via satellite. Enderlin edited the footage down to 59 seconds and added a voiceover:
The footage shows Jamal and Muhammad crouching behind the cylinder, the child screaming and the father shielding him. Jamal appears to shout something in the direction of the cameraman, then waves and shouts in the direction of the Israeli outpost. There is a burst of gunfire and the camera goes out of focus. When the gunfire subsides, Jamal is sitting upright and injured and Muhammad is lying over his legs. Enderlin cut a final few seconds from the footage that shows Muhammad lift his hand from his face. This cut became the basis of much of the controversy over the film.
The raw footage stops suddenly at this point and begins again with unidentified people being loaded into an ambulance.Schapira and Hafner 2009 , 00:13:12:19. (At that point in his report, Enderlin said: "A Palestinian policeman and an ambulance driver have also lost their lives in the course of this battle.") Bassam al-Bilbeisi, an ambulance driver on his way to the scene, was reported to have been shot and killed, leaving a widow and eleven children.Suzanne Goldenberg "The war of the children" , ''The Guardian'', 27 September 2001. Abu Rahma said Muhammad lay bleeding for at least 17 minutes before an ambulance picked up father and son together.Schapira and Hafner 2009 , 00:14:13:21. He said he did not film them being picked up because he was worried about having only one battery. Abu Rahma remained at the junction for 30–40 minutes until he felt it was safe to leave, then drove to his studio in Gaza City to send the footage to Enderlin. The 59 seconds of footage were first broadcast on France 2's nightly news at 8:00 pm local time (GMT+2), after which France 2 distributed several minutes of raw footage around the world without charge.
Injuries, funeral
Jamal and Muhammad were taken by ambulance to the
Al-Shifa Hospital
Al-Shifa Hospital ( ar, مستشفى الشفاء ''Mustashfa al-Shifa''), properly known as Dar Al-Shifa Hospital ( ar, مستشفى دار الشفاء ''Mustashfat dar al-Shifa'') is the largest medical complex and central hospital in the Gaza S ...
in Gaza City. Abu Rahma telephoned the hospital and was told that three bodies had arrived there: that of a jeep driver, an ambulance driver, and a boy, initially named by mistake as Rami Al-Durrah.
According to Abed El-Razeq El Masry, the pathologist who examined Muhammed, the boy had received a fatal injury to the abdomen. In 2002 he showed Esther Schapira, a German journalist, post-mortem images of Muhammad next to cards identifying him by name.Schapira 2002 , 00:24:17:00. Schapira also obtained, from a Palestinian journalist, what appeared to be footage of him arriving at the hospital on a stretcher. Esther Schapira "Lettre ouverte d’Esther Schapira à Charles Enderlin" , ''Tribune juive'', 12 February 2013 During an emotional public funeral in the Bureij refugee camp, Muhammad was wrapped in a
Palestinian flag
The flag of Palestine ( ar, علم فلسطين) is a tricolor of three equal horizontal stripes (black, white, and green from top to bottom) overlaid by a red triangle issuing from the hoist. This flag is derived from the Pan-Arab colors and ...
and buried before sundown on the day of his death, in accordance with Muslim tradition.William A. Orme "Muhammad al-Durrah: A Young Symbol of Mideast Violence" ''The New York Times'', 2 October 2000.Alan Philps , ''The Daily Telegraph'', 1 October 2000.
Jamal was taken at first to the Al-Shifa Hospital in Gaza. One of the surgeons who operated on him, Ahmed Ghadeel, said Jamal had received multiple wounds from high-velocity bullets striking his right elbow, right thigh and the lower part of both legs; his
femoral artery
The femoral artery is a large artery in the thigh and the main arterial supply to the thigh and leg. The femoral artery gives off the deep femoral artery or profunda femoris artery and descends along the anteromedial part of the thigh in the fem ...
was also cut."Les blessures de Jamal a Dura" France 2, 1 October 2000. Talal Abu Rahma interviewed Jamal and the doctor there on camera the day after the shooting; Ghadeel displayed x-rays of Jamal's right elbow and right pelvis. Moshe Tamam, Jamal's Israeli employer, offered to have him taken to hospital in Tel Aviv, but the Palestinian Authority declined the offer. He was transferred instead to the
King Hussein Medical Center
King Hussein Medical Center (Arabic مدينة الحسين الطبية), is a medical complex of five hospitals situated in Amman, Jordan. The center is affiliated to the major Jordanian Royal Medical Services hospitals; also known as JRMS. JRMS ...
in Amman, Jordan, where he was visited by King Abdullah.Helen Schary Motro, ''Maneuvering Between the Headlines: An American Lives Through the Intifada'', Other Press, 2005. Jamal reportedly told Tamam that he had been hit by nine bullets; he said five were removed from his body in hospital in Gaza and four in Amman.Schapira 2002 , 00:26:49:00.
Abu Rahma's account
Enderlin based his allegation that the IDF had shot the boy on the report of the cameraman, Talal Abu Rahma. Charles Enderlin, "Non à la censure à la source," ''Le Figaro'', 27 January 2005 ). Abu Rahma was clear in interviews that the Israelis had fired the shots. For example, he told ''The Guardian'': "They were cleaning the area. Of course they saw the father. They were aiming at the boy, and that is what surprised me, yes, because they were shooting at him, not only one time, but many times." He said shooting was also coming from the Palestinian National Security Forces outpost, but that they were not shooting when Muhammad was hit. The Israeli fire was being directed at this Palestinian outpost, he said. He told National Public Radio:"Shooting to Shooting" , National Public Radio, 1 October 2000.
Abu Rahma alleged in an affidavit that "the child was intentionally and in cold blood shot dead and his father injured by the Israeli army." The affidavit was given to the
Palestinian Centre for Human Rights
The Palestinian Centre for Human Rights (PCHR, ar, المركز الفلسطيني لحقوق الإنسان) is a Palestinian people, Palestinian human rights organization based in Gaza City. It was founded in 1995 by Raji Sourani, who is its d ...
in Gaza and signed by Abu Rahma in the presence of
Raji Sourani
Raji Sourani ( ar, راجي الصوراني, born 31 December 1953 in the Gaza Strip) is a human rights lawyer in the Gaza Strip. He is married and is the father of two children, and lives in the Gaza Strip.
He was an Amnesty International priso ...
, a human rights lawyer.
Israel's early response
The position of the IDF changed over time, from accepting responsibility in 2000 to retracting the admission in 2005.
Daniel Seaman
Daniel "Danny" Seaman (born 1961) is an Israeli media professional and former civil servant, mainly active in the fields of foreign service and public diplomacy.
Seaman worked in the Israeli civil service for 31 years (1983-2014) and is currently ...
"We did not abandon Philippe Karsenty" , ''The Jerusalem Post'', 25 June 2008. The IDF's first response, when Enderlin contacted them before his broadcast, was that the Palestinians "make cynical use of women and children," which he decided not to air.
On 3 October 2000, the IDF's chief of operations, Major-General
Giora Eiland
Giora Eiland ( he, גיורא איילנד; born 1952 in moshav Kfar Hess) is Aluf, Major General (ret.) Israel Defense Forces. Eiland is a former head of the Israeli National Security Council (Israel), National Security Council. After his retirem ...
, said an internal investigation indicated the shots had apparently been fired by Israeli soldiers. The soldiers, under fire, had been shooting from small slits in the wall of their outpost; General Yom-Tov Samia, then head of the IDF's Southern Command said they may not have had a clear field of vision, and had fired in the direction from which they believed the fire was coming. Eiland issued an apology: "This was a grave incident, an event we are all sorry about."
The Israelis had been trying for hours to speak to Palestinian commanders, according to Israel's Cabinet Secretary,
Isaac Herzog
Isaac "Bougie" Herzog ( he, יצחק "בוז׳י" הרצוג, Yitskhak "Buzhi" Hertsog; born 22 September 1960) is an Israeli politician who has been serving as the 11th president of Israel since 2021. He is the first president to be born in ...
; he added that Palestinian security forces could have intervened to stop the fire."Boy becomes Palestinian martyr" , BBC News, 2 October 2000.
Controversy
Three mainstream narratives emerged after the shooting. The early view that Israeli gunfire had killed the boy developed into the position that, because of the trajectory of the shots, Palestinian gunfire was more likely to have been responsible. This view was expressed in 2005 by
Denis Jeambar
Denis Jeambar (born 1948 in Valréas) is a French journalist.
Biography
Having started his career at ''Paris-Match'' in 1970, he joined ''Le Point'' in 1972, rising to chief of its political staff in 1981. In 1988 he became editor-in-chief, as ...
, editor-in-chief of ''L'Express'', and , a former France 2 correspondent, who viewed the raw footage. A third perspective, held by
Arlette Chabot
Arlette Chabot (born 21 July 1951) is a prominent French journalist and political commentator. She was until August 2010 the head of the editorial team of France 2. In March 2011 she moved to the radio station Europe 1 to become head of news and ...
, France 2's news editor, is that no one can know who fired the shots.
A fourth, minority, position held that the scene was staged by Palestinian protesters to produce a child martyr or at least the appearance of one. This is known by those who follow the case as the "maximalist" view, as opposed to the "minimalist" view that the shots were probably not fired by the IDF. The maximalist view takes the form either that the al-Durrahs were not shot and Muhammad did not die, or that he was killed intentionally by Palestinians.William A. Orme "Israeli Army Says Palestinians May Have Shot Gaza Boy" , ''The New York Times'', 28 November 2000.
James Fallows
James Mackenzie Fallows (born August 2, 1949) is an American writer and journalist. He is a former national correspondent for ''The Atlantic.'' His work has also appeared in ''Slate'', ''The New York Times Magazine'', ''The New York Review of Book ...
Le Monde
''Le Monde'' (; ) is a French daily afternoon newspaper. It is the main publication of Le Monde Group and reported an average circulation of 323,039 copies per issue in 2009, about 40,000 of which were sold abroad. It has had its own website si ...
'' and a Mena contributor;
Richard Landes
Richard Allen Landes (born June 26, 1949) is an American historian and author who specializes in medieval millennial thinking. Until 2015 he taught at Boston University, and then began working at Bar-Ilan University, where his current interests i ...
, an American historian who became involved after Enderlin showed him the raw footage during a visit to Jerusalem in 2003;Johnson 2012 199 , n. 81. and
Philippe Karsenty
Philippe Karsenty (born 25 June 1966) is a French politician and founder of ''Media-Ratings'', a company monitoring the French media for bias. Karsenty came to public attention when he was sued for libel by the public French television network, ...
, founder of a French media-watchdog site, ''Media-Ratings''. It was also supported by , a French psychoanalyst, and
Pierre-André Taguieff
Pierre-André Taguieff (born 4 August 1946) is a French philosopher who has specialised in the study of racism and antisemitism. He is the director of research at the French National Centre for Scientific Research in an Institut d'Etudes Politique ...
, a French philosopher who specializes in
antisemitism
Antisemitism (also spelled anti-semitism or anti-Semitism) is hostility to, prejudice towards, or discrimination against Jews. A person who holds such positions is called an antisemite. Antisemitism is considered to be a form of racism.
Antis ...
conspiracy theory
A conspiracy theory is an explanation for an event or situation that invokes a conspiracy by sinister and powerful groups, often political in motivation, when other explanations are more probable.Additional sources:
*
*
*
* The term has a nega ...
Several commentators questioned what time the shooting occurred; what time Muhammad arrived at the hospital; why there seemed to be little blood on the ground where they were shot; and whether any bullets were collected. Several alleged that, in other scenes in the raw footage, it is clear that protesters are play acting.One physician maintained that Jamal's scars were not from bullet wounds, but dated back to an injury he sustained in the early 1990s.
There was no criminal inquiry.Tom Segev "Who killed Mohammed al-Dura?" , ''Haaretz'', 22 March 2002. Palestinian police allowed journalists to photograph the scene the following day, but they gathered no forensic evidence. According to a Palestinian general, there was no Palestinian investigation because there was no doubt that the Israelis had killed the boy. General Yom Tov Samia of the IDF said the presence of protesters meant the Israelis were unable to examine and take photographs of the scene. The increase in violence at the junction cut off the Nezarim settlers, so the IDF evacuated them and, a week after the shooting, blew up everything within 500 metres of the IDF outpost, thereby destroying the crime scene.
A pathologist examined the boy's body, but there was no full autopsy. It is unclear whether bullets were recovered from the scene or from Jamal and Muhammad. In 2002 Abu Rahma implied to Esther Schapira that he had collected bullets at the scene, adding: "We have some secrets for ourselves. We cannot give anything ... everything." According to Jamal al-Durrah, five bullets were recovered from his body by physicians in Gaza and four in Amman. In 2013 he said, without elaborating: "The bullets the Israelis fired are in the possession of the Palestinian Authority."
Footage
How long, what it showed
Questions arose about how much footage existed and whether it showed the boy had died. Abu Rahma said in an affidavit that the gunfight had lasted 45 minutes and that he had filmed about 27 minutes of it. Doreen Carvajal of the ''International Herald Tribune'' said in 2005 that France 2 had shown the newspaper "the original 27-minute tape of the incident." When the Court of Appeal of Paris asked, in 2007, to see all the footage, during France 2's libel case against Philippe Karsenty, France 2 presented the court with 18 minutes of film, saying the rest had been destroyed because it had not been about the shooting. Enderlin then said only 18 minutes of footage had been shot.
According to Abu Rahma, six minutes of his footage focused on the al-Durrahs. France 2 broadcast 59 seconds of that scene and released another few seconds of it. No part of the footage shows the boy dead. Enderlin cut a final few seconds from the end, during which Muhammad appears to lift his hand away from his face.Final moments of footage , France 2, 30 September 2000, courtesy of YouTube. Enderlin said he had cut this scene in accordance with the France 2 ethical charter, because it showed the boy in his death throes ("''agonie''"), the final struggle before death, which he said was "unbearable" ("''J'ai coupé l'agonie de l'enfant. C'était insupportable ... Cela n'aurait rien apporté de plus'').Hannah Johnson, ''Blood Libel: The Ritual Murder Accusation at the Limit of Jewish History'', University of Michigan Press, 2012 126–127 .
Why the footage stopped when it did
Another issue is why France 2, the Associated Press and Reuters did not film the scene directly after the shooting, including the shooting death of the ambulance driver who arrived to pick up Jamal and Muhammad. Abu Rahma's footage stops suddenly after the shooting of the father and son, then begins again—from the same position, with the white minibus behind which Abu Rahma was standing visible in the shot—with other people being loaded into an ambulance.
Abu Rahma said Muhammad lay bleeding for at least 17 minutes before an ambulance picked up Jamal and Muhammad together, but he did not film any of it. When Esther Schapira asked why not, he replied: "Because when the ambulance came it closed on them, you know?"Schapira and Hafner 2009 , 00:13:32:14. When asked why he had not filmed the ambulance arriving and leaving, he replied that he had only one battery.Schapira and Hafner 2009 , 00:14:01:09. Enderlin reportedly told the Paris Court of Appeal that Abu Rahma changed batteries at that point. Enderlin wrote in 2008 that "footage filmed by a cameraman under fire is not the equivalent of a surveillance camera in a supermarket." Abu Rahma "filmed what circumstances permitted.""Charles Enderlin répond" , ''Le Monde'', 6 June 2008.
French journalists view the footage
In October 2004 France 2 allowed three French journalists to view the raw footage—
Denis Jeambar
Denis Jeambar (born 1948 in Valréas) is a French journalist.
Biography
Having started his career at ''Paris-Match'' in 1970, he joined ''Le Point'' in 1972, rising to chief of its political staff in 1981. In 1988 he became editor-in-chief, as ...
, editor-in-chief of ''L'Express''; Daniel Leconte, former France 2 correspondent and head of news documentaries at Arte, a state-run television network; and Luc Rosenzweig, former editor-in-chief of ''Le Monde''. They also asked to speak to the cameraman, Abu Rahma, who was in Paris at the time, but France 2 apparently told them he did not speak French and that his English was not good enough.Nidra Poller "Myth, Fact, and the al-Dura Affair" ''Commentary'', September 2005.
Jeambar and Leconte wrote a report about the viewing for ''Le Figaro'' in January 2005. None of the scenes showed that the boy had died, they wrote. They rejected the position that the scene had been staged, but when Enderlin's voiceover said Muhammad was dead, Enderlin "had no possibility of determining that he was in fact dead, and even less so, that he had been shot by IDF soldiers." They said the footage did not show the boy's death throes: "This famous 'agonie' that Enderlin insisted was cut from the montage does not exist."
Denis Jeambar
Denis Jeambar (born 1948 in Valréas) is a French journalist.
Biography
Having started his career at ''Paris-Match'' in 1970, he joined ''Le Point'' in 1972, rising to chief of its political staff in 1981. In 1988 he became editor-in-chief, as ...
and Daniel Leconte "Guet-apens dans la guerre des images" , ''Le Figaro'', 25 January 2005.
Several minutes of the film showed Palestinians playing at war for the cameras, they wrote, falling down as if wounded, then getting up and walking away. Jeambar and Leconte concluded that the shots had come from the Palestinian positions, given the trajectory of the bullets.
The idea of writing about the raw footage had been Luc Rosenzweig's; he had initially offered a story about it to ''L'Express'', which is how Jeambar (editor of ''L'Express'') had become involved. But Jeambar and Leconte ended up distancing themselves from Rosenzweig. He was involved with the Israeli-French Metula News Agency (known as Mena), which was pushing the view that the scene was a fake. Rosenzweig later called it "an almost perfect media crime."
David Gelernter
David Hillel Gelernter (born March 5, 1955) is an American computer scientist, artist, and writer. He is a professor of computer science at Yale University.
Gelernter is known for contributions to parallel computation in the 1980s, and for books ...
, "When pictures lie," ''Los Angeles Times'', 9 September 2005 courtesy link ). When Jeambar and Leconte wrote up their report about the raw footage, they initially offered it to ''Le Monde'', not ''Le Figaro'', but ''Le Monde'' refused to publish it because Mena had been involved at an earlier stage. Jeambar and Leconte made clear in ''Le Figaro'' that they gave no credence to the staging hypothesis:
Enderlin's response
Enderlin responded to Leconte and Jeambar in January 2005 in ''Le Figaro''. He thanked them for rejecting that the scene had been staged. He had reported that the shots were fired by the Israelis because, he wrote, he trusted the cameraman, who had worked for France 2 since 1988. In the days following the shooting, other witnesses, including other journalists, offered some confirmation, he said. He added that the Israeli army had not responded to France 2's offers to cooperate with their investigation.
Another reason he had attributed the shooting to Israel, he wrote, was that "the image corresponded to the reality of the situation not only in Gaza but also in the West Bank." Citing Ben Kaspi in the Israeli newspaper ''Maariv'', he wrote that, during the first months of the Second Intifada, the IDF had fired one million rounds of ammunition—700,000 in the West Bank and 300,000 in Gaza; from 29 September to late October 2000, 118 Palestinians had been killed, including 33 under the age of 18, compared to 11 adult Israelis killed during the same period.
Confusion about timeline
Confusion arose about the timeline. Abu Rahma said the shooting began at noon and continued for 45 minutes. Jamal's account matched his: he and Muhammad arrived at the junction around noon, and were under fire for 45 minutes.
Enderlin's France 2 report placed the shooting later in the day. His voiceover said that Jamal and Muhammad were shot around 3:00 pm local time (GMT+3). James Fallows agreed that Jamal and Muhammad first made an appearance in the footage around 3:00 pm, judging by comments from Jamal and some journalists on the scene. Abu Rahma said he remained at the junction for 30–40 minutes after the shooting. According to Schapira, he left for his studio in Gaza at around 4 pm, where he sent the footage to Enderlin in Jerusalem at around 6 pm. The news first arrived in London from the Associated Press at 6:00 pm BST (GMT+1), followed minutes later by a similar report from Reuters.
Contradicting the noon and 3 pm timelines, Mohammed Tawil, the doctor who admitted Muhammad to the Al-Shifa Hospital in Gaza City, told Esther Schapira that the boy had been admitted around 10:00 am local time, along with the ambulance driver, who had been shot through the heart. Tawil later said that he could not recall what he had told reporters about this. Records from the Al-Shifa Hospital reportedly show that a young boy was examined in the pathology department at midday. The pathologist, Dr. Abed El-Razeq El Masry, examined him for half an hour. He told Schapira that the boy's abdominal organs were lying outside his body, and he showed Schapira images of the body, with a card identifying the boy as Muhammad. A watch on a pathologist's wrist in one of the images appeared to say 3:50.
Interview with soldiers
In 2002 Schapira interviewed three anonymous Israeli soldiers, "Ariel, Alexej and Idan," who said they had been on duty at the IDF post that day. They knew something was about to happen, one said, because of the camera crews that had gathered. One soldier said the live fire started from the high-rise Palestinian blocks known as "the twins"; the shooter was firing at the IDF post, he said. The soldier added that he had not seen the al-Durrahs. The Israelis returned fire on a Palestinian station 30 metres to the left of the al-Durrahs. Their weapons were equipped with optics that allowed them to fire accurately, according to the soldier, and none of them had switched to automatic fire. In the view of the soldier, the shooting of Jamal and Muhammad was no accident. The shots did not come from the Israeli position, he said.
Father's injuries
In 2007 Yehuda David, a hand surgeon at
Tel Hashomer Hospital
Chaim Sheba Medical Center at Tel HaShomer ( he, המרכז הרפואי ע"ש חיים שיבא – תל השומר), also Tel HaShomer Hospital, is the largest hospital in Israel, located in the Tel Aviv District city of Ramat Gan at Tel HaShome ...
, told Israel's Channel 10 that he had treated Jamal Al-Durrah in 1994 for knife and axe wounds to his arms and legs, injuries sustained during a gang attack. David maintained that the scars Jamal had presented as bullet wounds were in fact scars from a tendon-repair operation David had performed in the early 90s. When David repeated his allegations in an interview with a "Daniel Vavinsky," published in 2008 in ''Actualité Juive'' in Paris, Jamal filed a complaint with the
Tribunal de grande instance de Paris
The ''Tribunal judiciaire de Paris'' (abbreviated TJ; in English: ''Judicial Court of Paris''), located at the Judicial Campus of Paris in Batignolles, is the largest court in France by caseload. It replaced the capital's former ''Tribunal de gra ...
for defamation and breach of doctor-patient confidentiality."Ministere Public c/ Benattar, Weill, David" , ''Tribunal de Grande Instance de Paris'', 29 April 2011.
The court established that "Daniel Vavinsky" was a pseudonym for , a deputy editor at
France 3
France 3 () is a French free-to-air public television channel and part of the France Télévisions group, which also includes France 2, France 4, France 5 and France Info.
It is made up of a network of regional television services providing ...
. Sophie Lherm "Affaire Al-Dura: quand un rédac'chef de France 3 se prend pour le justicier masqué" , Télérama, 21 February 2011. In 2011 it ruled that David and ''Actualité Juive'' had defamed Jamal. David, Weill-Raynal and Serge Benattar, the managing editor of ''Actualité Juive'', were fined €5,000 each, and ''Actualité Juive'' was ordered to print a retraction. The Israeli government said it would fund David's appeal."French court convicts Israeli of slandering al-Durra" , ''The Jerusalem Post'', 29 April 2011. The appeal was upheld in 2012; David was acquitted of defamation and breach of confidentiality.
Benjamin Netanyahu
Benjamin "Bibi" Netanyahu (; ; born 21 October 1949) is an Israeli politician who served as the ninth prime minister of Israel from 1996 to 1999 and again from 2009 to 2021. He is currently serving as Leader of the Opposition and Chairman of ...
, Israeli's prime minister, telephoned David to congratulate him. Jamal Al-Durrah said he would appeal the court's decision.
In 2012 Rafi Walden, deputy director of the Tel Hashomer hospital and board member of
Physicians for Human Rights
Physicians for Human Rights (PHR) is a US-based not-for-profit human rights NGO that uses medicine and science to document and advocate against mass atrocities and severe human rights violations around the world. PHR headquarters are in New Y ...
, wrote in ''Haaretz'' that he had examined Jamal's 50-page medical file, and that the injuries from the 2000 shooting were "completely different wounds" from the 1994 injuries. Walden listed "a gunshot wound in the right wrist, a shattered forearm bone, multiple fragment wounds in a palm, gunshot wounds in the right thigh, a fractured pelvis, an exit wound in the buttocks, a tear in the main nerve of the right thigh, tears in the main groin arteries and veins, and two gunshot wounds in the left lower leg."Rafi Walden "Rubbing Salt Into the Wound" , ''Haaretz'', 19 February 2012.
Israel's inquiries
2000: Shahaf report
Major General Yom Tov Samia, the IDF's southern commander, set up an inquiry soon after the shooting.Anat Cygielman, "IDF keeps shooting itself in the foot," ''Haaretz'', 7 November 2000 courtesy link . According to James Fallows, Israeli commentators questioned its legitimacy as soon as it started; ''Haaretz'' called it "almost a pirate endeavour." The team was led by Nahum Shahaf, a physicist, and Joseph Doriel, an engineer, both of whom had been involved in the
Yitzhak Rabin assassination conspiracy theories
Yitzhak Rabin assassination conspiracy theories arose almost immediately following the assassination of Yitzhak Rabin, the Israeli Prime Minister, on November 4, 1995. The gunman Yigal Amir, a Jewish Israeli student, was apprehended within sec ...
. Other investigators included Meir Danino, chief scientist at Elisra Systems; Bernie Schechter, a ballistics expert, formerly with the Israeli police's criminal identification laboratory; and Chief Superintendent Elliot Springer, also from the criminal identification lab. A full list of names was never released.Adi Schwartz "In the footsteps of the al-Dura controversy" , ''Haaretz'', 8 November 2007.
Shahaf and Doriel built models of the wall, concrete drum and IDF post, and tried to reenact the shooting. A mark on the drum from the Israeli Bureau of Standards allowed them to determine its size and composition. They concluded that the shots may have come from a position behind Abu Rahma, where Palestinian police were alleged to have been standing.
On 23 October 2000, Shahaf and Doriel invited CBS ''
60 Minutes
''60 Minutes'' is an American television news magazine broadcast on the CBS television network. Debuting in 1968, the program was created by Don Hewitt and Bill Leonard, who chose to set it apart from other news programs by using a unique styl ...
'' to film the reenactment. Doriel told the correspondent,
Bob Simon
Robert David Simon (May 29, 1941 – February 11, 2015) was an American television correspondent for CBS News. He covered crises, war, and unrest in 67 countries during his career.Gottlieb, Hooper. Shearer, Benjamin F. ed., ''Home Front Her ...
, that he believed the boy's death was real, but that it had been set up to damage Israel. Those in the know, he said, included Abu Rahma and the boy's father, though the latter had not realized the boy would be killed.Anthony H. Cordesman, Jennifer Moravitz, ''The Israeli-Palestinian War: Escalating to Nowhere'', Greenwood Publishing Group, 2005 372 . When General Samia heard about the interview, he removed Doriel from the investigation. The investigators' report was shown to the head of Israeli military intelligence; the key points were published in November 2000 as not ruling out that the IDF had shot the boy, though describing it as "quite plausible" that he had been hit by Palestinian bullets aimed at the IDF post. , ''The New York Times'', 27 November 2000. The inquiry provoked widespread criticism.Suzanne Goldenberg "Israel washes its hands of boy's death" , ''The Guardian'', 28 November 2000. A ''Haaretz'' editorial said, "it is hard to describe in mild terms the stupidity of this bizarre investigation."
2005: Retraction of earlier position
In 2005 Major-General Giora Eiland publicly retracted the IDF's admission of responsibility, and a statement to that effect was approved by the prime minister's office in September 2007. The following year an IDF spokesman, Col. Shlomi Am-Shalom, said that the Shahaf report had shown the IDF could not have shot Muhammad. He asked France 2 to send the IDF the unedited 27 minutes of raw footage, as well as footage Abu Rahma shot the following day.
2013: Kuperwasser report
In September 2012 the Israeli government set up another inquiry at the request of Prime Minister
Benjamin Netanyahu
Benjamin "Bibi" Netanyahu (; ; born 21 October 1949) is an Israeli politician who served as the ninth prime minister of Israel from 1996 to 1999 and again from 2009 to 2021. He is currently serving as Leader of the Opposition and Chairman of ...
. The team was led by Yossi Kuperwasser, director-general of the Strategic Affairs Ministry. In May 2013 it published a 44-page report concluding that the al-Durrahs had not been hit by IDF fire and may not have been shot at all.Isabel Kershner "Israeli Report Casting New Doubts on Shooting in Gaza" , ''The New York Times'', 19 May 2013."The France 2 Al-Durrah Report, its Consequences and Implications: Report of the Government Review Committee" , Ministry of International Affairs and Strategy, State of Israel, 19 May 2013."Publication of the Report of the Government Review Committee Regarding the France 2 Al-Durrah" , Prime Minister's Office, State of Israel, 19 May 2013.
The Kuperwasser report said that France 2's central claims were not substantiated by the material the station had in its possession at the time; that the boy was alive at the end of the video; that there was no evidence that Jamal or Muhammad were injured in the manner reported by France 2 or that Jamal was seriously injured; and that they may not have been shot at all. It included a medical opinion from Yehuda David, the doctor who treated Jamal in 1994. The report said it is "highly doubtful that bullet holes in the vicinity of the two could have had their source in fire from the Israeli position," and that the France 2 report was "edited and narrated in such a way as to create the misleading impression that it substantiated the claims made therein." The France 2 narrative relied entirely on Abu Rahma's testimony, the report said.
Yuval Steinitz
Yuval Steinitz ( he, יוּבַל שְׁטַיְינִיץ; born 10 April 1958) is an Israeli politician who currently serves as a member of the Knesset for the Likud party. He also held several ministerial posts, including Minister of Finance, ...
, Minister of International Affairs, Strategy and Intelligence, called the affair a "modern-day
blood libel
Blood libel or ritual murder libel (also blood accusation) is an antisemitic canardTurvey, Brent E. ''Criminal Profiling: An Introduction to Behavioral Evidence Analysis'', Academic Press, 2008, p. 3. "Blood libel: An accusation of ritual mur ...
against the State of Israel."
France 2, Charles Enderlin and Jamal al-Durrah rejected the report's conclusions and said they would cooperate with an independent international investigation. France 2 and Enderlin asked the Israeli government to supply the commission's letter of appointment, membership and evidence, including photographs and the names of witnesses. Enderlin said the commission had failed to speak to him, France 2, al-Durrah or other eyewitnesses,Robert Mackey "Complete Text of Israel's Report on the Muhammad al-Dura Video" , ''The New York Times'', 20 May 2013. and had consulted no independent experts. According to Enderlin, France 2 stood ready to help al-Durrah have his son's body exhumed; he and al-Durrah said they were willing to take
polygraph test
A polygraph, often incorrectly referred to as a lie detector test, is a device or procedure that measures and records several physiological indicators such as blood pressure, pulse, respiration, and skin conductivity while a person is asked an ...
In response to claims that it had broadcast a staged scene, Enderlin and France 2 filed three defamation suits in 2004 and 2005, seeking symbolic damages of
€
The euro sign () is the currency sign used for the euro, the official currency of the eurozone and unilaterally adopted by Kosovo and Montenegro. The design was presented to the public by the European Commission on 12 December 1996. It consists o ...
Philippe Karsenty
Philippe Karsenty (born 25 June 1966) is a French politician and founder of ''Media-Ratings'', a company monitoring the French media for bias. Karsenty came to public attention when he was sued for libel by the public French television network, ...
, who ran a media watchdog, Media-Ratings. France 2 and Enderlin issued a writ two days later.
The case began in September 2006. Enderlin submitted as evidence a February 2004 letter from
Jacques Chirac
Jacques René Chirac (, , ; 29 November 193226 September 2019) was a French politician who served as President of France from 1995 to 2007. Chirac was previously Prime Minister of France from 1974 to 1976 and from 1986 to 1988, as well as Ma ...
, then president of France, which spoke of Enderlin's integrity. The court upheld the complaint on 19 October 2006, fining Karsenty €1,000 and ordering him to pay €3,000 in costs. He lodged an appeal that day.
Roger L. Simon
Roger Lichtenberg Simon (born November 22, 1943) is an American novelist and screenwriter. He was formerly CEO of PJ Media (formerly known as Pajamas Media) and is now its CEO Emeritus. He is the author of eleven novels, including the Moses Win ...
Pajamas Media
PJ Media, originally known as Pajamas Media, is an American right-wing subscription-based commentary website. It was founded in 2004, with its majority owner being software entrepreneur, billionaire and angel investor Aubrey Chernick, founder ...
, 2 March 2008.
2007: ''Karsenty v. Enderlin-France 2''
The first appeal opened in September 2007 in the
Court of Appeal of Paris
The Court of Appeal of Paris (french: Cour d'appel de Paris) is the largest appeals court in France in terms of the number of cases brought before it. Its jurisdiction covers the departments of Paris, Essonne, Yonne, Seine-et-Marne, Seine-Saint- ...
, before a three-judge panel led by Judge Laurence Trébucq. The court asked France 2 to turn over the 27 minutes of raw footage Abu Rahma said he had shot, to be shown during a public hearing. France 2 produced 18 minutes; Enderlin said that only 18 minutes had been shot.Helen Schoumann "French court sees raw footage of al-Dura" ''The Jerusalem Post'', 14 November 14, 2007.
During the screening, the court heard that Muhammad had raised his hand to his forehead and moved his leg after Abu Rahma had said he was dead, and that there was no blood on his shirt. Enderlin argued that Abu Rahma had not said the boy was dead, but that he was dying. A report prepared for the court by Jean-Claude Schlinger, a ballistics expert commissioned by Karsenty, said that had the shots come from the Israeli position, Muhammad would have been hit in the lower limbs only. Jean-Claude Schlinger "Ballistics report prepared for Karsenty" 19 February 2008.Adi Schwartz "Independent expert: IDF bullets didn't kill Mohammed al-Dura" , ''Haaretz'', 3 February 2008.
France 2's lawyer, Francis Szpiner, counsel to former President of France
Jacques Chirac
Jacques René Chirac (, , ; 29 November 193226 September 2019) was a French politician who served as President of France from 1995 to 2007. Chirac was previously Prime Minister of France from 1974 to 1976 and from 1986 to 1988, as well as Ma ...
, called Karsenty "the Jew who pays a second Jew to pay a third Jew to fight to the last drop of Israeli blood," comparing him to 9/11 conspiracy theorist
Thierry Meyssan
Thierry Meyssan () is a French journalist, conspiracy theorist and political activist.
He is the author of investigations into the extreme right-wing, particularly France's National Front militias, as well as into the Catholic church.
Meyssa ...
and Holocaust denier
Robert Faurisson
Robert Faurisson (; born Robert Faurisson Aitken; 25 January 1929 – 21 October 2018) was a British-born French academic who became best known for Holocaust denial. Faurisson generated much controversy with a number of articles published in th ...
. Karsenty had it in for Enderlin, Szpiner argued, because of Enderlin's even-handed coverage of the Middle East.Nidra Poller "A Hoax?" , ''Wall Street Journal'', 27 May 2008.
The judges overturned the ruling against Karsenty in May 2008 in a 13-page decision. They ruled that he had exercised in good faith his right to criticize and had shown the court a "coherent body of evidence." The court noted inconsistencies in Enderlin's statements and said that Abu Rahma's statements were not "perfectly credible either in form or content." There were calls for a public inquiry from historian
Élie Barnavi
Élie Barnavi (born 1946) is an Israeli historian and diplomat, who was the Israeli ambassador to France between 2000 and 2002. Born in Bucharest he moved as a child to Tel Aviv, Israel. He authored some fifteen books on France and Europe in the ...
, a former Israeli ambassador to France, and Richard Prasquier, president of the ''
Conseil Représentatif des Institutions juives de France
Conseil représentatif des institutions juives de France (CRIF) ( en, Representative Council of French Jewish Institutions) is an umbrella organization of other groups representing the interests of French Jews.
Overview
It is the official Frenc ...
Le Nouvel Observateur
(), previously known as (1964–2014), is a weekly French news magazine. Based in the 2nd arrondissement of Paris, it is the most prominent French general information magazine in terms of audience and circulation. Its current editor is Cécil ...
'' began a petition in support of Enderlin that was signed by 300 French writers, accusing Karsenty of a seven-year smear campaign.
2013: Defamation ruling
France 2 appealed to the
Court of Cassation
A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...
(supreme court). In February 2012 it quashed the decision of the appeal court to overturn the conviction, ruling that the court should not have asked France 2 to provide the raw footage. The case was sent back to the appeal court, which convicted Karsenty of defamation in 2013 and fined him €7,000."French Media Analyst Convicted of Defamation, Fined in Mohammed al-Dura Case" , Associated Press and ''Haaretz'', 26 June 2013.
Catherine Nay
Catherine Nay (born 1 January 1943 in Tours) is a French political columnist and commentator.
Biography
After she attended primary and secondary schools in Périgueux, Nay started studying law but dropped in license year to become a journalist. ...
, a French journalist, argued that Muhammad's death "cancels, erases that of the Jewish child, his hands in the air before the SS in the Warsaw Ghetto."
Palestinian children were distressed by the repeated broadcasting of the footage, according to a therapist in Gaza, and were re-enacting the scene in playgrounds. Arab countries issued postage stamps bearing the images. Parks and streets were named in Muhammad's honour, and
Osama bin Laden
Osama bin Mohammed bin Awad bin Laden (10 March 1957 – 2 May 2011) was a Saudi-born extremist militant who founded al-Qaeda and served as its leader from 1988 until Killing of Osama bin Laden, his death in 2011. Ideologically a Pan-Islamism ...
mentioned him in a "warning" to President George Bush after 9/11.Cordesman and Moravitz 2005 371 . The images were blamed for the
2000 Ramallah lynching
The 2000 Ramallah lynching was a violent incident that took place on October 12, 2000 – early in the Al-Aqsa Intifada – at the el-Bireh police station, where a Palestinian people, Palestinian crowd of passing funeral marchers broke in and ki ...
and a rise in antisemitism in France. One image could be seen in the background when journalist
Daniel Pearl
Daniel Pearl (October 10, 1963 – February 1, 2002) was an American journalist who worked for ''The Wall Street Journal.'' He was kidnapped and later decapitated by terrorists in Pakistan.'
Pearl was born in Princeton, New Jersey, and rais ...
, an American Jew, was beheaded by al-Qaeda in February 2002.
Sections of the Jewish and Israeli communities, including the Israeli government in 2013, described the statements that IDF soldiers had killed the boy as a "blood libel," a reference to the centuries-old allegation that Jews sacrifice Christian children for their blood. Comparisons were made with the
Dreyfus affair
The Dreyfus affair (french: affaire Dreyfus, ) was a political scandal that divided the French Third Republic from 1894 until its resolution in 1906. "L'Affaire", as it is known in French, has come to symbolise modern injustice in the Francop ...
of 1894, when a French-Jewish army captain was found guilty of treason based on a forgery. Pierre-André Taguieff "L'affaire al-Dura ou le renforcement des stéréotypes antijuifs ..." ''Le Meilleur des mondes'', September 2008. Pierre-André Taguieff, ''La nouvelle propagande anti-juive'', Presses Universitaires de France, 2010. In the view of Charles Enderlin, the controversy is a smear campaign intended to undermine footage coming out of the occupied Palestinian territories.Martin Patience "Dispute rages over al-Durrah footage" , BBC News, 8 November 2007. Doreen Carvjal wrote in ''The New York Times'' that the footage is "a cultural prism, with viewers seeing what they want to see."
Charles Enderlin
Charles Enderlin (born 1945) is a French-Israeli journalist, specialising in the Middle East and Israel. He is the author of a number of books on the subject, including ''Shamir, une biographie'' (1991), ''Shattered Dreams: The Failure of the Pea ...
, ''Un Enfant est Mort: Netzarim, 30 Septembre 2000'', Paris: Don Quichotte, October 2010.
* Guillaume Weill-Raynal, ''Pour en Finir avec l'Affaire Al Dura'', Paris: Du Cygne, 2013.
* Georg M. Hafner, Esther Schapira, ''Das Kind, der Tod und die Medienschlacht um die Wahrheit: Der Fall Mohammed al-Durah'', Berlin: Berlin International Center for the Study of Antisemitism, 2015.
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Pierre-André Taguieff
Pierre-André Taguieff (born 4 August 1946) is a French philosopher who has specialised in the study of racism and antisemitism. He is the director of research at the French National Centre for Scientific Research in an Institut d'Etudes Politique ...