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Citing the Holocaust, Israel offers rebuttal to South Africa’s genocide charges at the International Court of Justice
(JTA) — Lawyers for Israel put forth their rebuttal to South Africa’s charge that it was committing genocide in the Gaza Strip, and said the case before the International Court of Justice cheapened a term that was coined to describe the destruction of the Jewish people.
The case made by lawyers for Israel on Friday addressed both prongs of the argument South Africa made the day before, coupling Israel’s methods, which are destroying large swaths of Gaza, with statements by Israeli leaders that South Africa says establish intent to commit genocide.
But Israel also advanced an overarching argument that the court should not abuse a term, genocide, reserved only for the most extreme cases.
“Yes, there is a heart-wrenching armed conflict, but the attempt to classify it as genocide and trigger provisional measures is not just unfounded in law, it has far reaching and negative implications that extend well beyond the case before you,” Gilad Noam, Israel’s deputy attorney general, told the court.
“Ultimately entertaining the applicant’s request would not strengthen the commitment to prevent and punish genocide but weaken it,” he said. “It will turn an instrument adopted by the international community to prevent horrors of the kind that shocked the conscience of humanity during the Holocaust into a weapon in the hands of terrorist groups who have no regard for humanity or for the law.”
The statute under international law allowing for the court’s adjudication of genocide was composed in the wake of the Holocaust.
Tal Becker, a legal adviser to Israel’s Foreign Ministry, noted the term’s origins, coined by Raphael Lemkin, a Polish Jewish lawyer.
Lemkin, Becker said, “helped the world recognize that the existing legal lexicon was simply inadequate to capture the devastating evil that the Nazi Holocaust unleashed.” Now, he said, South Africa was seeking to turn the term inside out.
“The attempt to weaponize the term genocide against Israel in the present context does more than tell the court a grossly distorted story, it does more than empty the word of its unique force and special meaning, it subverts the object and purpose of the [genocide] convention itself,” he said.
Israel has argued that Hamas’ Oct. 7 invasion that launched the war — when terrorists invaded from Gaza and killed 1,200 people, mostly civilians, brutalized thousands more and took more than 240 people hostage — better fits the term “genocide.” Becker noted the presence in the courtroom of families of some of the more than 100 people who remain hostages.
More than 23,000 Palestinians — 1% of the strip’s population — including thousands of children, have been killed since Israel launched counterstrikes, Gaza’s Hamas-run health ministry has said. Israel has said in the past that a third of the dead are combatants.
Friday’s arguments at the court in The Hague are a preliminary stage of the case, which may take years to decide. The next step is for the 15-judge panel to determine whether to order a full or partial halt to the fighting, if it finds the risk of genocide credible. The court cannot enforce such an order, but it could provide a legal predicate for nations to boycott or isolate Israel
A factor driving Israeli outrage at the proceedings — so much so that the country has reversed a longstanding policy of ignoring United Nations-affiliated bodies — has been that a country founded in the ashes of the destruction of its people should face the charge of genocide.
“A terrorist organization carried out the worst crime against the Jewish people since the Holocaust, and now someone comes to defend it in the name of the Holocaust,” Prime Minister Benjamin Netanyahu said earlier this week.
Israel’s lawyers also said the breadth and methods of Israel’s counterattacks did not deviate from the laws of war and instead show that Israel is not intent on killing Palestinians en masse.
Galit Raguan, a legal adviser at Israel’s Justice Ministry, noted the measures Israel had taken to facilitate the entry of assistance into the strip, to warn civilians of impending attacks and to facilitate their evacuation. “The charge of genocide in the face of these extensive efforts is frankly untenable,” she said.
She listed a number of actions Israel has taken, including the allowing in of food and water, and medicines and medical equipment — an accounting that she said was far from comprehensive. She said the list showed that the evidence underlying the genocide charge is”tendentious and partial” and that “the allegation of the intent to commit genocide is baseless.”
She added, “If Israel had such intent would it delay a ground maneuver for weeks, urging civilians to seek safer space and in doing so sacrificing operational advantage?”
Israel’s critics say the country has frustrated the delivery of relief to Gaza Palestinians. Israel blames international aid groups for haplessness and Hamas for stealing the food and equipment. World health agencies say Gaza is on the verge of starvation.
Malcolm Shaw, a British barrister who specializes in human rights and who is leading the Israeli team, referred to quotes by Israeli officials that South Africa said signaled genocidal intent. Shaw said the citations were ripped from context or were made by officials who are not part of the decision-making process.
He noted, for instance, South Africa’s citation of comments by Israel’s minister of heritage, Amichai Eliyahu, who said “there is no such thing as uninvolved civilians in Gaza” and who fantasized about a flattened Gaza as “beautiful” and recommended nuking the strip.
Eliyahu, Shaw noted, “is completely outside the policy and decision making of the war. In any event, his statement was immediately repudiated by members of the war cabinet and other ministers, including the prime minister.” Netanyahu suspended Eliyahu from Cabinet meetings because of his remarks.
Shaw noted that the war was run by a small coterie of officials, and said South Africa ignored multiple statements by those officials upholding the protections of civilians, including Netanyahu and Defense Minister Yoav Gallant.
“The prime minister stated time and again, ‘We must prevent a humanitarian disaster, ‘” Shaw said.
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The post Citing the Holocaust, Israel offers rebuttal to South Africa’s genocide charges at the International Court of Justice appeared first on Jewish Telegraphic Agency.
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Letter from Vancouver: A monument draws on Jewish tradition to remember victims of Oct. 7
The garden of Temple Sholom Synagogue in Vancouver is a serene and contemplative place to remember the horrific events of Oct. 7, 2023—and the Israeli civilians, soldiers and foreign nationals who […]
The post Letter from Vancouver: A monument draws on Jewish tradition to remember victims of Oct. 7 appeared first on The Canadian Jewish News.
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Israel-Lebanon Ceasefire Deal ‘Tantamount to a Hezbollah Defeat,’ Says Leading War Studies Think Tank
The terms of the newly minted ceasefire agreement to halt fighting between Israel and Hezbollah amounts to a defeat for the Lebanese terrorist group, although the deal may be difficult to implement, according to two leading US think tanks.
The deal requires Israeli forces to gradually withdraw from southern Lebanon, where they have been operating since early October, over the next 60 days. Meanwhile, the Lebanese army will enter these areas and ensure that Hezbollah retreats north of the Litani River, located some 18 miles north of the border with Israel. The United States and France, who brokered the agreement, will oversee compliance with its terms.
The Institute for the Study of War (ISW), in conjunction with the American Enterprise Institute’s Critical Threats Project (CTP), explained the implications of the deal on Tuesday in their daily Iran Update, “which provides insights into Iranian and Iranian-sponsored activities that undermine regional stability and threaten US forces and interests.” Hezbollah, which wields significant political and military influence across Lebanon, is the chief proxy force of the Iranian regime.
In its analysis, ISW and CTP explained that the deal amounts to a Hezbollah defeat for two main reasons.
First, “Hezbollah has abandoned several previously-held ceasefire negotiation positions, reflecting the degree to which IDF [Israel Defense Forces] military operations have forced Hezbollah to abandon its war aims.”
Specifically, Hezbollah agreeing to a deal was previously contingent on a ceasefire in Gaza, but that changed after the past two months of Israeli military operations, during which the IDF has decimated much of Hezbollah’s leadership and weapons stockpiles through airstrikes while attempting to push the terrorist army away from its border with a ground offensive.
Additionally, the think tanks noted, “current Hezbollah Secretary General Naim Qassem has also previously expressed opposition to any stipulations giving Israel freedom of action inside Lebanon,” but the deal reportedly allows Israel an ability to respond to Hezbollah if it violates the deal.
Second, the think tanks argued that the agreement was a defeat for Hezbollah because it allowed Israel to achieve its war aim of making it safe for its citizens to return to their homes in northern Israel.
“IDF operations in Lebanese border towns have eliminated the threat of an Oct. 7-style offensive attack by Hezbollah into northern Israel, and the Israeli air campaign has killed many commanders and destroyed much of Hezbollah’s munition stockpiles,” according to ISW and CTP.
Some 70,000 Israelis living in northern Israel have been forced to flee their homes over the past 14 months, amid unrelenting barrages of rockets, missiles, and drones fired by Hezbollah in Lebanon. Hezbollah began its attacks last Oct. 8, one day after the Palestinian terrorist group Hamas’s invasion of and massacre across southern Israel. The Jewish state had been exchanging fire with Hezbollah but intensified its military response over the past two months.
Northern Israelis told The Algemeiner this week that they were concerned the new ceasefire deal could open the door to future Hezbollah attacks, but at the same time the ceasefire will allow many of them the first opportunity to return home in a year.
ISW and CTP also noted in their analysis that Israel’s military operations have devastated Hezbollah’s leadership and infrastructure. According to estimates, at least 1,730 Hezbollah terrorists and upwards of 4,000 have been killed over the past year of fighting.
While the deal suggested a defeat of sorts for Hezbollah and the effectiveness of Israel’s military operations, ISW and CTP also argued that several aspects of the ceasefire will be difficult to implement.
“The decision to rely on the Lebanese Armed Forces (LAF) and UN observers in Lebanon to respectively secure southern Lebanon and monitor compliance with the ceasefire agreement makes no serious changes to the same system outlined by UN Security Council Resolution 1701, which ended the 2006 Israel-Hezbollah war,” they wrote.
Resolution 1701 called for the complete demilitarization of Hezbollah south of the Litani River and prohibited the presence of armed groups in Lebanon except for the official Lebanese army and the UN Interim Force in Lebanon (UNIFIL).
This may be an issue because “neither the LAF nor the UN proved willing or able to prevent Hezbollah from reoccupying southern Lebanon and building new infrastructure. Some LAF sources, for example, have expressed a lack of will to enforce this ceasefire because they believe that any fighting with Hezbollah would risk triggering ‘civil war,’” the think tanks assessed.
Nevertheless, the LAF is going to deploy 5,000 troops to the country’s south in order to assume control of their own territory from Hezbollah.
However, the think tanks added, “LAF units have been in southern Lebanon since 2006, but have failed to prevent Hezbollah from using the area to attack Israel.”
The post Israel-Lebanon Ceasefire Deal ‘Tantamount to a Hezbollah Defeat,’ Says Leading War Studies Think Tank first appeared on Algemeiner.com.
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What Nutmeg and the Torah Teach Us About Securing a Long-Term Future
Here’s a fact from history you may not know. In 1667, the Dutch and the British struck a trade deal that, in retrospect, seems so bizarre that it defies belief.
As part of the Treaty of Breda — a pact that ended the Second Anglo-Dutch War and aimed to solidify territorial claims between the two powers — the Dutch ceded control of Manhattan to the British.
Yes, that Manhattan — the self-proclaimed center of the universe (at least according to New Yorkers), home to Wall Street, Times Square, and those famously overpriced bagels.
And what did the Dutch get in return? Another island — tiny Run, part of the Banda Islands in Indonesia.
To put things in perspective, Run is minuscule compared to Manhattan — barely 3 square kilometers, or roughly half the size of Central Park. Today, it’s a forgotten dot on the map, with a population of less than 2,000 people and no significant industry beyond subsistence farming. But in the 17th century, Run was a prized gem worth its weight in gold — or rather, nutmeg gold.
Nutmeg was the Bitcoin of its day, an exotic spice that Europeans coveted so desperately they were willing to risk life and limb. Just by way of example, during the early spice wars, the Dutch massacred and enslaved the native Bandanese people to seize control of the lucrative nutmeg trade.
From our modern perspective, the deal seems ridiculous — Manhattan for a pinch of nutmeg? But in the context of the 17th century, it made perfect sense. Nutmeg was the crown jewel of global trade, and controlling its supply meant immense wealth and influence. For the Dutch, securing Run was a strategic move, giving them dominance in the spice trade, and, let’s be honest, plenty of bragging rights at fancy Dutch banquets.
But history has a funny way of reshaping perspectives. What seemed like a brilliant play in its time now looks like a colossal miscalculation — and the annals of history are filled with similar trades that, in hindsight, make us scratch our heads and wonder, what were they thinking?
Another contender for history’s Hall of Fame in ludicrous trades is the Louisiana Purchase. In 1803, Napoleon Bonaparte, who was strapped for cash and eager to fund his military campaigns, sold a vast swath of North America to the nascent United States for a mere $15 million. The sale included 828,000 square miles — that’s about four cents an acre — that would become 15 states, including the fertile Midwest and the resource-rich Rocky Mountains.
But to Napoleon, this was a strategic no-brainer. He even called the sale “a magnificent bargain,” boasting that it would “forever disarm” Britain by strengthening its rival across the Atlantic. At the time, the Louisiana Territory was seen as a vast, undeveloped expanse that was difficult to govern and defend. Napoleon viewed it as a logistical burden, especially with the looming threat of British naval power. By selling the territory, he aimed to bolster France’s finances and focus on European conflicts.
Napoleon wasn’t shy about mocking his enemies for their mistakes, once quipping, “Never interrupt your enemy when he is making a mistake.” But in this case, it’s tempting to imagine him swallowing those words as the United States grew into a global superpower thanks, in no small part, to his so-called bargain.
While he may have considered Louisiana to be a logistical headache — too far away and too vulnerable to British attacks — the long-term implications of the deal were staggering. What Napoleon dismissed as a far-off backwater turned out to be the world’s breadbasket, not to mention the backbone of America’s westward expansion.
Like the Dutch and their nutmeg gamble, Napoleon made a trade that no doubt seemed brilliant at the time — but, with hindsight, turned into a world-class blunder. It’s the kind of decision that reminds us just how hard it is to see past the urgency of the moment and anticipate the full scope of consequences.
Which brings me to Esav. You’d think Esav, the firstborn son of Yitzchak and Rivka, would have his priorities straight. He was the guy — heir to a distinguished dynasty that stretched back to his grandfather Abraham, who single-handedly changed the course of human history.
But one fateful day, as recalled at the beginning of Parshat Toldot, Esav stumbles home from a hunting trip, exhausted and ravenous. The aroma of Yaakov’s lentil stew hits him like a truck. “Pour me some of that red stuff!” he demands, as if he’s never seen food before.
Yaakov, never one to pass up an opportunity, doesn’t miss a beat.
“Sure, but only in exchange for your birthright,” he counters casually, as if such transactions are as common as trading baseball cards. And just like that, Esav trades his birthright for a bowl of soup. No lawyers, no witnesses, not even a handshake — just an impulsive decision fueled by hunger and a staggering lack of foresight.
The Torah captures the absurdity of the moment: Esav claims to be “on the verge of death” and dismisses the birthright as worthless. Any future value — material or spiritual — is meaningless to him in that moment. All that matters is satisfying his immediate needs.
So, was it really such a terrible deal? Psychologists have a term for Esav’s behavior: hyperbolic discounting — a fancy term for our tendency to prioritize immediate rewards over bigger, long-term benefits.
It’s the same mental quirk that makes splurging on a gadget feel better than saving for retirement, or binge-watching a series more appealing than preparing for an exam. For Esav, the stew wasn’t just a meal — it was the instant solution to his discomfort, a quick fix that blinded him to the larger, long-term value of his birthright.
It’s the classic trade-off between now and later: the craving for immediate gratification often comes at the expense of something far more significant. Esav’s impulsive decision wasn’t just about hunger — it was about losing sight of the future in the heat of the moment.
Truthfully, it’s easy to criticize Esav for his shortsightedness, but how often do we fall into the same trap? We skip meaningful opportunities because they feel inconvenient or uncomfortable in the moment, opting for the metaphorical lentil stew instead of holding out for the birthright.
But the Torah doesn’t include this story just to make Esav look bad. It’s there to highlight the contrast between Esav and Yaakov — the choices that define them and, by extension, us.
Esav represents the immediate, the expedient, the here-and-now. Yaakov, our spiritual forebear, is the embodiment of foresight and patience. He sees the long game and keeps his eye on what truly matters: Abraham and Yitzchak’s legacy and the Jewish people’s spiritual destiny.
The message of Toldot is clear: the choices we make in moments of weakness have the power to shape our future — and the future of all who come after us. Esav’s impulsiveness relegated him to a footnote in history, like the nutmeg island of Run or France’s control over a vast portion of North America.
Meanwhile, Yaakov’s ability to think beyond the moment secured him a legacy that continues to inspire and guide us to this day — a timeless reminder that true greatness is not built in a moment of indulgence, but in the patience to see beyond it.
The author is a rabbi in Beverly Hills, California.
The post What Nutmeg and the Torah Teach Us About Securing a Long-Term Future first appeared on Algemeiner.com.
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