"If the world’s highest court considers Gaza occupied, why won’t the CBC? If the CBC acknowledges that Gaza is occupied, why would it fail to include that context for readers on Gaza, but include it for the West Bank? If the CBC rejects the ICJ’s findings and refuses to refer to Gaza as occupied, what is its justification? Will CBC commit to informing readers of Gaza’s status as an occupied territory moving forward?"
October 4, 2024
To:
Arturo Change, Reporter, CBC News
Paul Moore, Sr Manager, Journalistic Standards, CBC News
Nancy Waugh, Managing Editor, CBC News
George Achi, CBC News
Brodie Fenlon, News Editor in Chief, CBC News
Jack Nagler, Ombudsman
Dear Mr. Change, Mr. Moore, Ms. Waugh, Mr. Achi, and Mr. Fenlon,
I am writing on behalf of Canadians for Justice and Peace in the Middle East (CJPME) to express concern about a consistent issue in your coverage that is exemplified in the article titled: “Jews, Palestinians and their allies working with Winnipeg police to keep Oct. 7 anniversary events peaceful” published on October 3, 2024.
CBC consistently fails to mention that the Gaza Strip is occupied by Israel, the article above being another such example. In fact, it seems that CBC is of the position that Gaza is not occupied based on its past reporting and responses to complaints in the past about this issue. The lack of qualification of Gaza as “occupied” stands in stark contrast to the West Bank, which CBC consistently refers to as the “occupied West Bank” across its various platforms and newsrooms. I am sure that none of CBC’s editorial staff will disagree with this assessment.
While some editors have argued in the past that Israel’s occupation of Gaza ended in 2005 when it withdrew its troops, various international organizations have determined that Gaza remained under Israel’s “effective occupation.” However, the most notable legal opinion to date in this regard was made this past July by the International Court of Justice (ICJ). This ICJ Advisory Opinion determined that Israel’s presence in the entirety of the occupied Palestinian territories, including the West Bank, East Jerusalem, and Gaza, as unlawful. This is based on the Fourth Geneva Convention, which explicitly prohibits the transfer of an occupier’s population into the territory it occupies. Here is the ICJ’s language:
“In light of the above, the Court is of the view that Israel’s withdrawal from the Gaza Strip has not entirely released it of its obligations under the law of occupation. Israel’s obligations have remained commensurate with the degree of its effective control over the Gaza Strip.”
Of course, this opinion supports many previous legal opinions on the same topic. Bear in mind that, like any territory, Gaza’s status as “occupied” is not a question of whether there are Israeli “boots on the ground” (which there are.) Rather, Gaza’s status as “occupied” hinges on broader issues of control and involvement, and is foremost a legal concept. Clarity on Gaza’s status is extremely important, as many international obligations hinge on this point.
If the world’s highest court considers Gaza occupied, why won’t the CBC? If the CBC acknowledges that Gaza is occupied, why would it fail to include that context for readers on Gaza, but include it for the West Bank? If the CBC rejects the ICJ’s findings and refuses to refer to Gaza as occupied, what is its justification? Will CBC commit to informing readers of Gaza’s status as an occupied territory moving forward?
To maintain journalistic integrity and accuracy, I demand that you refer to Israel’s presence in the Gaza Strip as “occupied” going forward.
I look forward to your prompt response regarding this critical issue.
Sincerely,
Lynn Naji and Jason Toney
Canadians for Justice and Peace in the Middle East