From Silence to Slander: Obiter Dicta’s Troubling Trajectory on the Israeli-Palestinian Conflict

In the tumultuous aftermath of the Hamas massacres on October 7, 2023, university newspapers across North America became hotbeds of anti-Israel sentiment. Osgoode Hall Law School’s student publication, Obiter Dicta, initially remained silent, citing the "sensitivity and complexity" of the conflict. This measured approach, contrasting with the often hasty pronouncements of mainstream media, allowed for a more deliberate consideration of events. However, this initial restraint eventually gave way to a series of increasingly biased and inflammatory articles that raise serious concerns about journalistic integrity and the propagation of misinformation within academic circles.

Obiter Dicta’s early silence evolved into a selective focus. In January 2024, the publication criticized Canada’s temporary residency program for Palestinians, comparing it unfavorably to the program for Ukrainians. This marked a shift from cautious neutrality to a more pointed critique of Israeli policies, albeit one framed within a humanitarian context. However, by November 2024, the publication’s stance took a decidedly more aggressive turn. An anonymous contributor published an article titled "Gaza: Genocide? Unquestionably," accusing Israel of perpetrating genocide against the Palestinians, highlighting a disturbing progression towards inflammatory rhetoric and unsubstantiated claims.

The "Gaza: Genocide?" article presented a skewed account of the 2023 conflict. While acknowledging the Hamas attack that killed over 1,200 Israelis and resulted in the capture of numerous hostages, the author downplayed its significance, focusing instead on what they characterized as Israel’s genocidal response. This framing not only minimized the brutality of the Hamas attacks but also served to justify Hamas’s actions and demonize Israel’s efforts to protect its citizens. The author’s reliance on unsubstantiated accusations of genocide, while ignoring the deliberate targeting of Israeli civilians by Hamas, exposed a clear bias and a disregard for factual accuracy.

The article’s central argument rested on the assertion that Israel intentionally targeted Palestinian civilians. While civilian casualties in war are tragically inevitable, intent is the defining characteristic of genocide. The author’s focus on the rhetoric of Israeli politicians, rather than concrete evidence of systematic extermination, reveals a flawed methodology. Subsequent reports and studies have challenged the initial casualty figures reported by Hamas, showing significant overrepresentations of civilian deaths, particularly women and children. Furthermore, these studies demonstrate a decreasing ratio of civilian to combatant deaths over time, even considering Hamas’s reprehensible tactic of embedding its forces within civilian infrastructure. This contradicts the narrative of intentional genocide presented by Obiter Dicta.

Obiter Dicta’s articles highlight a pervasive problem within certain media outlets: the eschewing of accountability for Hamas while simultaneously vilifying Israel. By downplaying Hamas’s war crimes against both its own population and Israelis, these publications create a simplified narrative that positions Israel as the sole aggressor. This narrative ignores Hamas’s ongoing oppression of Palestinians, its diversion of aid, and the substantial support it enjoys within Gaza and the West Bank. By failing to acknowledge these complexities, Obiter Dicta perpetuates a one-sided and ultimately inaccurate portrayal of the conflict.

The publication’s bias culminated in a January 2025 article calling for Osgoode Hall to sever ties with Israeli universities, accusing them of complicity in “the ongoing genocide of Palestinians.” This call, based on the distorted narrative presented in previous articles, further demonstrates the publication’s willingness to promote unsubstantiated accusations and engage in inflammatory rhetoric. The demand for severing academic ties reveals not only a deep-seated bias but also a disturbing trend towards the silencing of dissenting voices and the suppression of academic exchange. It reinforces the impression that Obiter Dicta prioritizes promoting a specific political agenda over engaging in balanced and informed discussion.

The evolution of Obiter Dicta’s coverage of the Israeli-Palestinian conflict from initial silence to outright accusations of genocide is deeply troubling. The publication’s selective reporting, misrepresentation of facts, and reliance on inflammatory rhetoric demonstrate a clear departure from journalistic principles. This trajectory not only undermines the credibility of the publication but also contributes to the spread of misinformation and the escalation of tensions. The case of Obiter Dicta underscores the importance of critical media literacy, particularly within academic communities, and the need for a more nuanced and informed understanding of complex geopolitical conflicts. The rise of such biased reporting, especially within institutions of higher learning, poses a significant challenge to fostering productive dialogue and achieving a just resolution to the conflict. Ultimately, the publication’s one-sided narrative does a disservice to its readers and contributes to the polarization of an already highly sensitive and complex issue.

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