A NYT opinion (
not paywalled) by Bret Stephens,
No, Israel Is Not Committing Genocide in Gaza, was recently published. The title, along with the author, instantly felt very much like pro-Israel propaganda. But was that instantaneous emotional response reasonable? Yes, it was reasonable.
Stephens' opinion is flawed and/or wrong in facts, and logic or reasoning, which undermine and/or contradict the conclusion that Israel isn't committing genocide.
Stephens falsely implies that the UN Genocide Convention requires explicit written documentation of an "intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such." He also blithely downplays the death count, currently about 60,000 Palestinian civilian and military deaths according to the source he cites.
In short, the first question the anti-Israel genocide chorus needs to answer is: Why isn’t the death count higher? .... But furious comments in the wake of Hamas's Oct. 7 atrocities hardly amount to a Wannsee conference, and I am aware of no evidence of an Israeli plan to deliberately target and kill Gazan civilians.
The legal threshold for establishing genocidal intent can be inferred from circumstantial evidence, not just explicit written documentation
. Right there, Stephens knowingly tries to deceive us twice. Once about the death count not being high enough. And again about the evidence. That is propaganda, not honest journalism.
Why knowing? Because he presumably isn't stupid or ignorant. He must know (1) there are two ways to prove genocidal intent under international law, and (2) the body count is not specified and already is sufficient to find genocide. But if he is ignorant of these things, highly unlikely, then he is incompetent.
Stephens also asserts this:
First, while some pundits and scholars may sincerely believe the genocide charge, it is also used by anti-Zionists and antisemites to equate modern Israel with Nazi Germany. The effect is to license a new wave of Jew hatred, stirring enmity not only for the Israeli government but also for any Jew who supports Israel as a genocide supporter.
That amounts to three logic fallacies bundled together. It packages the guilt by association fallacy[1], the poisoning the well fallacy, a subtype of an ad hominem attack, and the appeal to consequences fallacy. Here, Stephens intentionally conflates legitimate academic, legal, and moral debate over whether a specific situation constitutes genocide. He maliciously misuses the charge by anti-Zionists and antisemitic propagandists to unjustly equate Israel with Nazi Germany. He falsely implies that all such accusations are inherently illegitimate or propagandistic. That is not just is a flawed comparison that ignores the distinction between genuine legal or scholarly analysis and tendentious, prejudiced rhetoric. It is deeply insulting to people who sincerely believe that Israel has crossed the line.
What about journalistic ethics? Analyzing the opinion piece for adherence to journalistic ethics indicates this one is full of problems when evaluated against established journalistic standards and ethics. The
Society of Professional Journalists' Code of Ethics establishes four fundamental principles that serve as the foundation for ethical journalism: (1) Seek truth and report it, (2) minimize harm, (3) act independently, and (4) be accountable. The opinion piece violates these standards multiple ways.
Media ethics researchers identify "bias by omission" as "leaving one side out of an article, or a series of articles over a period of time; ignoring facts that tend to disprove liberal or conservative claims"
. The opinion piece demonstrates systematic omission across several categories:
Source Attribution Failures: Journalist ethics requires identifying sources when feasible along with information about sources' reliability. Stephens dismisses extensive documentation by organizations like Law for Palestine without engaging with their methodology or findings. That violates the fair source evaluation ethic.
Expert Opinion Exclusion: Professional journalism standards require presenting diverse expert perspectives. Stephens systematically excludes the large body of genocide scholarship, including analyses by Holocaust historians and UN Special Rapporteurs, that reaches contrary conclusions. This ethics breach is called "bias by selection of sources"
.
But Stephens has more ethics problems that just that. He asserts a false equivalency argument by drawing inappropriate analogies (WWII, Mosul) without accounting for major context differences. He downplays important relevant evidence. He dismisses documentation of official statements of genocide as merely "vengeful sound bites" with insufficient supporting evidence to validate his claim.
He also underestimates the total death count using a 60,000 deaths based on an earlier Palestinian Ministry of Health estimate that has been contradicted by later estimates.
This survey and
this survey put the body count at a minimum of ~75,000-80,000. The count is necessarily higher because they only count violent trauma deaths, and therefore the true total
including indirect causes is necessarily higher. Other estimates are in or above the higher range, e.g.,
this survey and
this survey.
Journalistic ethics requires accountability. I'll write to Stephens and the editors of the NYT to see what response or rebuttal, if any, they have to these criticisms. In my opinion, Stephens and the NYT should retract this opinion and apologize to the public and the Palestinian people for propagating pro-Israel propaganda and falsehoods.
Q: What is the likelihood that Stephens or the NYT editors will be accountable about this in some demonstrable way, e.g., printing a retraction, rebutting these criticisms somehow, etc., low ~1-35%, medium ~36-66%, or high ~67-99%?
Footnote:
1. Stephens' guilt by association flaw works like this:
Premise 1: “Anti-Zionists and antisemites” equate Israel with Nazi Germany when they invoke genocide.
Premise 2: Antisemites are morally disreputable.
Conclusion: Therefore, anyone using the genocide label, or the label itself, is suspect.
The logical error presumes that because some disreputable groups deploy the term, the term itself, or other people’s use of it, must be discredited. This conflates the character of certain speakers with the truth-value of the claim. That is the textbook definition of an association fallacy
. Thus, by equating the genocide allegation with antisemitism, Stephens sidesteps substantive legal and factual analysis. That deflection blocks honest engagement with evidence, also a hallmark of guilt-by-association reasoning
.
Poisoning the well: Stephens poisons readers by saying that any advocate of the genocide claim is tacitly aligned with antisemites, so their evidence should be pre-emptively distrusted. The poisoning the well tactic simply starts with negative information about potential opponents before their arguments are heard. That poisons or primes the audience's reception
. It is a deceptive persuasion tactic.
The appeal to consequences fallacy: Premise: If the genocide claim spreads, it could “license a new wave of Jew hatred.”
Implicit Conclusion: Therefore, the claim should be rejected or regarded with great suspicion.
This is fallacious because the desirability or undesirability of potential consequences does not determine factual truth of the genocide claim. Predicting social harm if a claim is believed does not demonstrate that the claim itself is false
. This propaganda technique uses emotional leverage, fear of antisemitism in this case, to evaluate factual truth. That violates the principle that truth claims stand or fall on evidence, not on anticipated reactions
.