Israel’s Legal Strategy Against the New York Times Isn’t Really About Defamation

When news broke that Israel was considering legal action against the New York Times over Nicholas Kristof’s column, the one that included an allegation that Israeli personnel used a dog to rape a Palestinian detainee, critics were quick to pounce. Sovereigns can’t sue for defamation, they said. The claim is dead on arrival. Israel doesn’t have standing. Move on.

They are right that a standard defamation suit would fail, but they are wrong in thinking that there is nothing here.

MG

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Mark Goldfeder

Mark Goldfeder is CEO of the National Jewish Advocacy Center and a law professor at Touro Law School.

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When news broke that Israel was considering legal action against the New York Times over Nicholas Kristof’s column, the one that included an allegation that Israeli personnel used a dog to rape a Palestinian detainee, critics were quick to pounce. Sovereigns can’t sue for defamation, they said. The claim is dead on arrival. Israel doesn’t have standing. Move on.

They are right that a standard defamation suit would fail, but they are wrong in thinking that there is nothing here.