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Israel faces charges of genocide at the International Court of Justice. Here’s why, and how Israel will respond.
WASHINGTON (JTA) — Perhaps the most famous court case in Israel history was the trial of Adolf Eichmann, one of the architects of the Holocaust. Next week, more than 60 years later, lawyers for the Israeli government will again grapple with an allegation of genocide — but this time as defendants and not as prosecutors.
That grim history helps explain why Israel has chosen to engage with the International Court of Justice, which will weigh a claim by South Africa that Israel is committing genocide in its war against Hamas in Gaza. Israel is furious at the accusation, which it called a perversion of the genocide charge.
The ICJ will base its judgment on the 1948 U.N. Genocide Convention, which Israel joined almost as soon as the state was established because the convention was written in the wake of the Holocaust, in hopes of preventing another genocide.
“Israel decided to send a legal team because this is an outrageous application by South Africa and we will defend ourselves against those lies,” Lior Hayat, the spokesman for Israel’s Foreign Ministry, said in an interview.
Here’s what’s behind the accusation, how Israel is defending it and what to anticipate.
Who is adjudicating the accusation, and when?
The International Court of Justice, based in The Hague in the Netherlands, adjudicates claims against states. In the past it has considered disputes on everything from maritime border disputes to the United States’ funding of the Contras rebel groups in Nicaragua in the 1980s. The court, first convened in 1946, is the culmination of a series of international conferences that aimed to adjudicate disputes between nations as a means of preventing war.
The court has previously considered cases involving Israel’s treatment of the Palestinians, the moving of the U.S. embassy from Tel Aviv to Jerusalem and an incident in 1955 in which an El Al flight was shot down over Bulgarian airspace.
The International Criminal Court in the same city adjudicates criminal allegations against individuals, such as generals or notorious despots including Libya’s Muammar Ghaddafi and Russian President Vladimir Putin.
The case was initiated late last month by South Africa, and the first hearings are next week, Jan. 11 and 12.
Why is Israel participating?
Israel has a tradition of not engaging with war crimes accusations against its officials, in part because it is not party to the 2002 compact that created the International Criminal Court. In light of the United Nations’ repeated votes and other measures placing blame on Israel, Israel sees the U.N. system as irredeemably biased, and feels that the charges are likely to be loaded.
But Israeli officials say the charge of genocide is too much for a state born in the ashes of the Holocaust to ignore.
“The State of Israel will appear before the International Court of Justice at The Hague to dispel South Africa’s absurd blood libel,” Eylon Levy, a government spokesman, said on Jan. 2.
Rumors have circulated that Alan Dershowitz, the emeritus Harvard Law professor and Israel advocate, will be part of Israel’s legal team, though he has not confirmed his participation. Dershowitz has been on the legal teams of other famous defendants, including O.J. Simpson and, more recently, President Donald Trump during his first impeachment trial. He did not reply to a request for comment.
Beyond seeking to stake a moral defense against a crime it has prosecuted against Nazi war criminals, there are practical reasons for Israel to participate. The ICJ’s process may take years, but if after next week’s hearing it finds enough evidence to go forward, it may call on the parties in the Gaza war to cease hostilities.
Such a court order would establish a legal basis for countries to boycott and isolate Israel and to restrict the movement of its officials if Israel does not comply.
Two years ago, Ukraine sought and received a similar order from the court in its efforts to repel Russia’s invasion. But while both cases involve genocide, the Russia and Israel trials differ: Ukraine is not accusing Russia of genocide. Rather, it went to the ICJ to contest Russia’s accusation that Ukraine is committing genocide — which Putin has cited as a pretext for the war.
Russia, which is massive and has built an insular economy, ignored the order. But Israel, a small country allied with the West, can’t afford to make the same choice, said Orde Kittrie, a senior fellow at the Foundation for Defense of Democracies, an influential Washington think tank with close ties to Israel’s government.
“If Israel is ordered to do what Russia [was] ordered to do, which would be to immediately suspend its military operations, it would certainly be bad for Israel from a PR perspective,” said Kittrie, who is a law professor at Arizona State University. “You don’t want to be violating international law. You don’t want to be fighting when you’ve been told to stop.”
The Biden administration has indicated that it will not honor any injunctions targeting Israel as a result of the genocide charges. “We find this submission meritless, counterproductive, and completely without any basis in fact whatsoever,” National Security Council spokesman John Kirby said on Wednesday.
Pro-Palestinian protestors supporting the Boycott, Divestment and Sanctions campaign against Israel in Cape Town, South Africa, Sept. 21, 2015. Michelly Rall/Getty Images)
Why is South Africa making the charge?
South Africa’s government sees itself as a bulwark against what it casts as western imperialism. It also wants to push back against perceptions in the West that, since the end of apartheid in the early 1990s, it has devolved into corruption, authoritarianism and alliances with repressive regimes.
In 2017, it ignored an ICC warrant for the arrest of then-Sudanese president Omar al-Bashir on genocide charges, allowing him to enter the country.
In addition to the genocide accusation, it has embraced charges that Israel is guilty of apartheid, the crime of institutionalized racial discrimination that was South Africa’s hallmark under white minority rule for decades. Its leaders have never forgiven Israel for cozying up to the apartheid regime. Its parliament in November, in a non-binding vote, said the government should expel Israeli diplomats.
“South Africa has been engaged on the Palestinian issue since really the end of apartheid and the founding of the state,” Michael Walsh, a visiting scholar at the University of California Berkeley, told Vox. “It’s been a prominent issue in South African politics and among South African leaders.”
What is the basis for the genocide accusation?
Pro-Palestinian activists and anti-Zionist figures have been accusing Israel of genocide since the earliest days of the war — an allegation Israeli and other scholars across the political spectrum have strenuously denied both in this conflict and previous rounds of fighting. (A recent letter by a group of Israeli public figures — unconnected with the ICJ case — did accuse some Israeli officials of incitement to genocide, though not of the crime of genocide itself.)
South Africa’s charging document in the ICJ case, which outlines what it calls acts of genocide and also intent, relies on many of the same arguments pro-Palestinian activists have made in recent months.
The acts are drawn from news accounts of the carnage, which according to the Hamas-run Gaza Health Ministry has topped 22,000 Palestinian casualties, including thousands of children. That number doesn’t differentiate between civilians and combatants.
Also included are warnings by international bodies that the population of the enclave is on the verge of mass starvation and disease. “The acts in which Israel has engaged … are genocidal in character, having regard to their nature, scope and context,” the charging document says.
In seeking to establish intent, South Africa quotes statements by Israeli leaders, including Prime Minister Benjamin Netanyahu, that South Africa claims are genocidal in scope.
That is an “extraordinarily challenging” standard to meet, according to an analysis by Alaa Hachem and Oona Hathaway at Just Security, an online security think tank run out of the New York University School of Law. “It requires proof of a specific intent to destroy a group in whole or in part.”
The South African charging document quotes a speech Netanyahu delivered to the Knesset, describing the war as “a struggle between the children of light and the children of darkness, between humanity and the law of the jungle,” which South Africa called a “a dehumanizing theme to which he returned on various occasions.”
That quote and some of the others in the document, the FDD’s Kittrie noted, refer not to the Palestinians as a whole but to Hamas. Kittrie said that Israeli leaders on other occasions have made clear that their war is with the terrorist group that launched the conflict with massacres that took the lives of some 1,200 people, most of them civilians, on Oct. 7.
“Our war against Hamas, the Hamas terrorist organization, is a war — it’s not a war against the people of Gaza,” Defense Minister Yoav Gallant said last month at a press conference with Lloyd Austin, the U.S. defense secretary.
Smoke is seen over Beit Hanoun in the Gaza Strip from the Israeli side of the border, Oct. 27, 2023. (Amir Levy/Getty Images)
Other more damning quotes cited in the document come from figures on the far right. It quotes for instance Amichai Eliahu, the minister of heritage who is a member of the Otzma Yehudit, or Jewish Power, party, who has said, “There is no such thing as uninvolved civilians in Gaza” and has called to nuke the territory.
Those figures are not making decisions in the war, Kittrie said. “The South Africans point to a few statements by members of the Knesset,” he said. “They take some statements out of context.”
That may be the case, said Yaniv Roznai, a law professor at Reichman University in Israel, but it is incumbent on Netanyahu and others to get their allies to avoid indulging fantasies of ethnic cleansing at an extraordinarily risky time.
“Instead of understanding that words have meanings, and that we are in wartime and to watch their mouths and not say really stupid things,” Netanyahu and others are “trying to explain them,” Roznai said in a podcast for UnXeptable, a group that opposes the massive judicial reforms Netanyahu sought before the war.
What will Israel’s case be?
Kittrie said Israel will be able to show it has instituted mitigation measures in its military campaign.
“Israel’s extensive advance warning and other measures to mitigate harm to Gaza civilians make clear that Israel’s goal is not to commit genocide but, far from it, to instead minimize Palestinian civilian casualties while lawfully exercising Israel’s rights to rescue its hostages, apprehend the Oct. 7 perpetrators, and ensure that Israel’s population is secure from further attacks,” he said.
Israeli spokespeople have also suggested that Israel will seek to turn the tables, and level charges of genocide against Hamas.
“The Hamas terrorist organization — which is committing war crimes, crimes against humanity and sought to commit genocide on 7 October — is responsible for the suffering of the Palestinians in the Gaza Strip by using them as human shields and stealing humanitarian aid from them,” the Foreign Ministry’s Hayat said in a statement.
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Drexel University Professor Stole Signs From Synagogue, Police Say
Illustrative: People pass a cluster of signs outside a pro-Hamas encampment at Northwestern University in Evanston, Ill. on April 28, 2024. Photo: Max Herman via Reuters Connect
A Drexel University professor allegedly participated in a mass theft of items from a synagogue in a suburb outside Philadelphia, a local NBC affiliate reported on Tuesday.
Mariana Chilton, 56, a professor of health management and policy at Drexel, has been accused of stealing pro-Israel signs from the Main Line Reform Temple in Lower Merion Township, traveling there from her neighborhood of residency, Wynnewood, Pennsylvania. Chilton allegedly drove the getaway car while two other accomplices, Sarah Prickett and Sam Penn — who is from New York — trespassed the synagogue and absconded with the loot.
“We are just taking them because we feel like it is a representative of genocide,” Chilton told law enforcement after being caught in the act, the report stated. She then, after offering to “just put them back,” refused to identify herself and comply with other lawful orders.
Video evidence provided by a local resident placed Chilton and her accomplices at the scene of the crime, and a Main Line Reform Temple official identified the signs recovered from her car as the temple’s property. That was enough for law enforcement to charge her with several offenses, including conspiracy and theft. She is also charged with driving without a license and not registering her vehicle.
Drexel University has not responded to The Algemeiner‘s request for comment for this story.
Experts have told The Algemeiner in the past academic year that while the conduct of anti-Zionist students should be reported on, the role of faculty in fostering and engaging in antisemitic acts should be closely scrutinized. Last semester, anti-Zionist faculty attached themselves to anti-Israel, pro-Hamas demonstrations, sometimes breaking the law by preventing officers from dispersing unauthorized demonstrations and detaining lawbreakers.
At Northeastern University in Boston, professors formed a human barrier around a student encampment to stop its dismantling by officers, and at Columbia University, anti-Zionist faculty at the school, as well its affiliate Barnard College, staged a walkout in support of the demonstrations and demanded the abeyance of disciplinary sanctions against anti-Zionist students — dozens of whom cheered Hamas and threatened more massacres of Jews similar to Oct. 7 — who violated school rules.
Chilton’s case is unlike any other reported in the past year, however. While dozens of professors have been accused of abusing their Jewish students and encouraging their classmates to bully and shame them, none are alleged to have resorted to stealing from a Jewish house of worship to make their point.
Mass participation of faculty in pro-Hamas demonstrations marks an inflection point in American history, Asaf Romirowsky, an expert on the Middle East and executive director of Scholars for Peace in the Middle East, told The Algemeiner in April.
Since the 1960s, he explained, far-left “scholar activists” have gradually seized control of the higher education system, tailoring admissions processes and the curricula to foster ideological radicalism and conformity, which students then carry with them into careers in government, law, corporate America, and education. This system, he concluded, must be challenged.
“The cost of trading scholarship for political propagandizing has been a zeal and pride among faculty who esteem and cheer terrorism, a historical development which is quite telling and indicative of the evolution of the Marxist ideology which has been seeping into the academy since the 1960s,” Romirowsky said. “The message is very clear to all of us who are looking on from the outside at this, and institutions have to begin drawing a red line. The protests are not about free speech. They are about supporting terrorism, about calling for a genocide of Jews.”
Follow Dion J. Pierre @DionJPierre.
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White House Cites Biden Clash With Netanyahu Over Iran as Proof of President’s Mental Fitness
US President Joe Biden hosts the 2023 Teacher of the Year event at the White House in Washington, US, April 24, 2023. Photo: REUTERS/Kevin Lamarque
Amid growing concerns over US President Joe Biden’s mental fitness, key White House officials are suggesting his foreign policy discussions with Israeli Prime Minister Benjamin Netanyahu, including a clash over how to respond to Iran’s unprecedented military attack on the Israeli homeland earlier this year, serve as evidence that he is still capable of leading from the Oval Office.
Biden and Netanyahu engaged in a heated back-and-forth in the immediate aftermath of Iran launching a massive missile and drone salvo at Israel in April, according to a new report by the New York Times. The US and other allies helped Israel shoot down nearly every drone and missile. The attack caused only one injury.
However, the Times revealed that while Netanyahu initially wanted to respond to Iran in a forceful way, Biden threatened to withhold US support in the event of a major Israeli retaliatory strike, arguing it would risk sparking a regional conflict in the Middle East.
“Aides present in the Situation Room the night that Iran hurled a barrage of missiles and drones at Israel portrayed a president in commanding form, lecturing Prime Minister Benjamin Netanyahu by phone to avoid a retaliatory escalation that would have inflamed the Middle East,” the Times reported. “‘Let me be crystal clear,’ Mr. Biden said. ‘If you launch a big attack on Iran, you’re on your own.’”
“Mr. Netanyahu pushed back hard, citing the need to respond in kind to deter future attacks,” the report continued. “‘You do this,’ Mr. Biden said forcefully, ‘and I’m out.’ Ultimately, the aides noted, Mr. Netanyahu scaled back his response.”
Israel’s military response was small and appeared aimed at minimizing the risk of escalation.
The Times report, headlined “Biden’s Lapses Are Said to Be Increasingly Common and Worrisome,” came on the heels of Biden delivering a widely-panned presidential debate performance last Thursday against former US President Donald Trump. Biden’s performance, which oftentimes appeared incoherent and muddled, set off alarm bells in Democratic circles, sending the president’s allies scrambling to extinguish concerns over his age and mental acuity.
While highlighting rising concerns, the news story also noted instances in which, according to aides, Biden appeared coherent and capable, citing the exchange with Netanyahu and his handling of the Iranian missile attack more broadly as one such example.
However, an anonymous Biden administration official told the Times that they are unsure whether Biden could hold his own against adversarial foreign leaders such as Vladimir Putin of Russia.
On Wednesday, the White House directly attributed quotes to Netanyahu in which the Israeli premier reportedly said he found Biden “very clear and very focused” during his visit to Israel following the Oct. 7 attacks by Hamas. According to a White House spokesperson, Netanyahu also reportedly cited the “more than a dozen phone conversations, extended conversations with President Biden” as evidence of the commander-in-chief’s vitality.
“Some White House officials adamantly rejected the suggestion of a president not up to handling tough foreign counterparts and told the story of the night Iran attacked Israel in April,” the New York Times reported. “Mr. Biden and his top national security officials were in the Situation Room for hours, bracing for the attack, which came around midnight. Biden was updated in real time as the forces he ordered into the region began shooting down Iranian missiles and drones. He peppered leaders with questions throughout the response.”
During its first direct attack on Israeli territory, Iran in April launched roughly 300 missiles and drones at the Jewish state.
Leading up to the attack, Iranian officials had promised revenge for an airstrike on Iran’s consulate in Damascus, Syria that they attributed to Israel. The strike killed seven members of Iran’s Islamic Revolutionary Guards Corps (IRGC), a widely designated terrorist organization, including two senior commanders. One of the commanders allegedly helped plan the Hamas terrorist group’s Oct. 7 massacre across southern Israel.
Israel has neither confirmed nor denied involvement in the incident.
“After it was over, and almost all of the missiles and drones had been shot down, Mr. Biden called Mr. Netanyahu to persuade him not to escalate. ‘Take the win,’” Mr. Biden told the prime minister, without reading from a script or extensive notes, according to two people in the room. In the end, Mr. Netanyahu opted for a much smaller and proportionate response that effectively ended the hostilities,” the article added.
Days later, Israel responded to the Iranian aggression by launching a modest missile attack on an airbase near Isfahan. The Jewish state sought to show that it could effectively target key strategic locations in Iran while not escalating the conflict any further. Netanyahu insisted on launching a retaliatory attack against Iran, arguing that ignoring the Iranian strikes would incentivize more attacks against the Jewish state.
IRGC Brigadier General Amir Ali Hajizadeh said that Iran is waiting for “the opportunity” to launch a new round of strikes against Israel, Iranian media reported on Tuesday, potentially boosting Netanyahu’s argument that a smaller response would invite further attacks.
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Journalist at US-Based Nonprofit Promoted Stabbing Israelis, Depicted Rescued Hostage as Pig Drinking Blood: Report
Palestinian terrorists ride an Israeli military vehicle that was seized by gunmen who infiltrated areas of southern Israel, in the northern Gaza Strip, Oct. 7, 2023. Photo: REUTERS/Ahmed Zakot
A journalist at a US-based nonprofit posted tutorials on how to commit stabbing attacks and depicted a rescued Israeli hostage as a pig drinking blood, according to newly surfaced social media posts.
Eitan Fischberger, a communications analyst and former Israel Defense Forces (IDF) staff sergeant who first broke the story on X/Twitter, alleged that Mahmoud Ajjour, a correspondent for The Palestine Chronicle, posted disturbing images and videos to his Instagram page.
Fischberger posted screenshots and screen recordings of the posts.
According to The Chronicle‘s website, Ajjour is a photojournalist and correspondent for the outlet, which is a US-based 501c3, or nonprofit organization.
One of the posted images depicted Noa Argamani — an Israeli who was kidnapped from the Nova music festival during Hamas’ Oct. 7 terrorist attacks in southern Israel, and then rescued in an IDF special operation last month — as a pig drinking blood from a Coca-Cola bottle.
Here, for example, Ajjour posted a picture of Israeli hostage Noa Argamani, portrayed as a pig drinking the blood of Palestinians.
Noa, as you recall, was freed by Israeli forces in the same rescue operation in which Ajjour’s terrorist colleague was killed pic.twitter.com/oiLCqekxbl
— Eitan Fischberger (@EFischberger) June 30, 2024
In Oct. 2015, Ajjour posted a picture of a masked Palestinian holding up a knife, with the caption, “I declare it a revolution.”
That time — from approximately Sept. 2015 to June 2016 — was referred to as the “knife intifada,” as there was an uptick in Palestinian terrorist attacks, particularly using knives, against Israelis in Jerusalem, along with other parts of Israel and the West Bank.
Ajjour also seems mighty fine endorsing stabbing attacks pic.twitter.com/xi2MnZVddl
— Eitan Fischberger (@EFischberger) June 30, 2024
During that same month, Ajjour also reportedly posted a two-part tutorial on how to carry out stabbings with the caption, “May Allah protect them,” likely referring to those who were engaging in such attacks.
So much, in fact, that he uploaded a two-part instruction video showing off some best practices for stabbing Israelis pic.twitter.com/Z12rVo4Enx
— Eitan Fischberger (@EFischberger) June 30, 2024
Then, in 2023, after the son of a Hamas preacher was killed when a device he was trying to launch at Israel exploded, Ajjour mourned his death on Instagram. “Your father’s legacy is proud of you,” he wrote alongside a picture that included what appeared to be a Hamas flag.
And here, Ajjour mourns the death of Bara’a al-Zard, son of Hamas preacher Wael al-Zard.
Silly Bara’a died in an explosion caused by a device he was trying to launch at Israeli forces near the Gaza security fencehttps://t.co/vZR6IW0shF pic.twitter.com/ipQw55BYd7
— Eitan Fischberger (@EFischberger) June 30, 2024
This is not the first time a journalist from The Palestine Chronicle was alleged to have either supported or partaken in terrorism.
Abdallah Aljamal, who was a correspondent for The Chronicle, allegedly held three Israeli hostages in his home, according to the Israeli government. He was killed during a raid that rescued four hostages, including Argamani. After the allegations came to light, The Chronicle changed Aljamal’s status on its website from a correspondent to a contributor.
The Palestine Chronicle did not respond to a request for comment for this story.
Fichberger wrote that he wants the US House Ways and Means Committee to investigate The Chronicle for what seems to have become a pattern.
“If The Chronicle is let off the hook for employing an actual terrorist hostage-taker, it would prove that the American counter-terror legal apparatus really is irreparably broken,” he wrote.
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