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Israel Can Limit the ICJ’s Potential Damage
General view of the International Court of Justice (ICJ) in The Hague, Netherlands December 11, 2019. Photo: REUTERS/Yves Herman/File Photo
JNS.org – Israelis on Friday displayed what is called Jewish joy—they celebrated that the pogromniks only broke the windows, but did not kill anyone. The good news was the International Court of Justice did not effectively order us to wait to be tortured and murdered, by demanding a halt to the Gaza War. That is certainly good—but only in the twisted world where the ICJ is putting Israel, not Hamas, on trial for the absolutely absurd charge of genocide.
Otherwise, the decision was horrible. The court accepted South Africa’s argument that it has jurisdiction and that Israel could possibly be proven to be committing genocide. The case is not over and will go on for years. In the meantime, the court has made clear that it considers itself to have authority to review and superintend every aspect of Israel’s war for survival—and demands monthly reports. No other country receives such treatment, and it is designed to make the military constantly look over its soldiers’ shoulders.
The ICJ is not an independent body—it is an organ of the United Nations. Its justices serve a renewable nine-year term, further undermining their independence. The judges are elected by the General Assembly and Security Council, and their positions largely track the foreign policy of their home countries. Thus while we might get lucky sometimes, over the long run, the policy of the court will reflect the policy of the United Nations.
The General Assembly’s obsessive condemnation of the Jewish state is well known—Israel would never agree to have its fate determined by them. But agreeing to the jurisdiction of the court indirectly does the same thing. In Israel it is thought unacceptable to have judges appointed by democratically elected politicians decide the meaning of ordinary laws. Yet we have agreed to have judges elected by dictatorial regimes decide the basic question of whether we can exist—whether we can defend ourselves.
It does not have to be this way: The ICJ does not automatically have jurisdiction over countries—they must specifically agree, typically by agreeing that The Hague can decide a specific dispute or questions under a specific treaty. In this case, Israel signed the Genocide Convention, which provides that “disputes between the…parties” about the treaty can be decided by the ICJ. But that does not mean cases like this, where a totally unrelated state has brought a purely political complaint in a matter it has no relation to. The court should not have accepted jurisdiction, and by doing so it effectively claimed for itself power to supervise the conduct of wars around the world, so long as some country claims genocide is involved.
Israel did not have to agree to the ICJ jurisdiction to be a member of the Genocide Convention, and in retrospect, doing so was a major mistake. Countries are allowed to opt out of ICJ jurisdiction in various treaties, and very commonly do so. Indeed, 16 countries have opted out of the Genocide Convention minus the ICJ jurisdiction—including the world’s largest democracies, the United States and India. Even the world’s biggest superpowers did not trust the ICJ to hear cases involving the use of force in an apolitical way.
The United States also did not agree to the provision of the Genocide Convention that deals with speech, knowing the court can twist legitimate speech into supposed “incitement.” Indeed, those who think the statements of some Knesset members are what got Israel into trouble should consider the comments of President Obama, who spoke of “eradicating a cancer” in the campaign against Islamic State, or Biden, who once said, “We should never take anything off the table when we are in war.”
But Israel did not opt out, leaving itself exposed. The Genocide Convention was a response to the Holocaust, and it seemed appropriate that the Jewish state would be fully on board. Also, Israeli officials did not expect such a gross abuse of the court’s authority. But they should have. And the Genocide Convention which Israel so respected was turned into a farce, a platform to accuse the Jews of genocide even as they defend themselves from a systematic attempt to wipe them out.
The hearings in The Hague were a judicial Oct. 7—a completely unjustified surprise attack that shows us we must fundamentally rethink our defensive posture. In this case, the extraordinary work of the State’s lawyers, and good fortune, prevented disaster.
But we must see that mere sentimentalism, or some lingering faith in international institutions, cannot be allowed to leave us open to such attack again. Even a slight change in the composition of the court or the geopolitical climate would bring a disastrous result—and hostile states like South Africa can roll the dice as many times as they want, with no consequence if they lose and a huge payoff if they win.
Thus Israel must immediately end its acceptance of the ICJ’s jurisdiction concerning the Genocide Convention. This will not end the current proceedings, but it will prevent further such attempts in this or other conflicts. Moreover, Israel must review all of its treaties for provisions granting ICJ jurisdiction and opt out of those. The United States did just that when Iran used a long-forgotten treaty to bring America to The Hague a few years ago.
Originally published by Israel Hayom.
The post Israel Can Limit the ICJ’s Potential Damage first appeared on Algemeiner.com.
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Syria’s Sharaa Says Talks With Israel Could Yield Results ‘In Coming Days’
Syrian President Ahmed al-Sharaa speaks at the opening ceremony of the 62nd Damascus International Fair, the first edition held since the fall of Bashar al-Assad’s regime, in Damascus, Syria, Aug. 27, 2025. Photo: REUTERS/Khalil Ashawi
Syria’s President Ahmed al-Sharaa said on Wednesday that ongoing negotiations with Israel to reach a security pact could lead to results “in the coming days.”
He told reporters in Damascus the security pact was a “necessity” and that it would need to respect Syria’s airspace and territorial unity and be monitored by the United Nations.
Syria and Israel are in talks to reach an agreement that Damascus hopes will secure a halt to Israeli airstrikes and the withdrawal of Israeli troops who have pushed into southern Syria.
Reuters reported this week that Washington was pressuring Syria to reach a deal before world leaders gather next week for the UN General Assembly in New York.
But Sharaa, in a briefing with journalists including Reuters ahead of his expected trip to New York to attend the meeting, denied the US was putting any pressure on Syria and said instead that it was playing a mediating role.
He said Israel had carried out more than 1,000 strikes on Syria and conducted more than 400 ground incursions since Dec. 8, when the rebel offensive he led toppled former Syrian leader Bashar al-Assad.
Sharaa said Israel’s actions were contradicting the stated American policy of a stable and unified Syria, which he said was “very dangerous.”
He said Damascus was seeking a deal similar to a 1974 disengagement agreement between Israel and Syria that created a demilitarized zone between the two countries.
He said Syria sought the withdrawal of Israeli troops but that Israel wanted to remain at strategic locations it seized after Dec. 8, including Mount Hermon. Israeli ministers have publicly said Israel intends to keep control of the sites.
He said if the security pact succeeds, other agreements could be reached. He did not provide details, but said a peace agreement or normalization deal like the US-mediated Abraham Accords, under which several Muslim-majority countries agreed to normalize diplomatic ties with Israel, was not currently on the table.
He also said it was too early to discuss the fate of the Golan Heights because it was “a big deal.”
Reuters reported this week that Israel had ruled out handing back the zone, which Donald Trump unilaterally recognized as Israeli during his first term as US president.
“It’s a difficult case – you have negotiations between a Damascene and a Jew,” Sharaa told reporters, smiling.
SECURITY PACT DERAILED IN JULY
Sharaa also said Syria and Israel had been just “four to five days” away from reaching the basis of a security pact in July, but that developments in the southern province of Sweida had derailed those discussions.
Syrian troops were deployed to Sweida in July to quell fighting between Druze armed factions and Bedouin fighters. But the violence worsened, with Syrian forces accused of execution-style killings and Israel striking southern Syria, the defense ministry in Damascus and near the presidential palace.
Sharaa on Wednesday described the strikes near the presidential palace as “not a message, but a declaration of war,” and said Syria had still refrained from responding militarily to preserve the negotiations.
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Anti-Israel Activists Gear Up to ‘Flood’ UN General Assembly
US Capitol Police and NYPD officers clash with anti-Israel demonstrators, on the day Israeli Prime Minister Benjamin Netanyahu addresses a joint meeting of Congress, on Capitol Hill, in Washington, DC, July 24, 2024. Photo: REUTERS/Umit Bektas
Anti-Israel groups are planning a wave of raucous protests in New York City during the United Nations General Assembly (UNGA) over the next several days, prompting concerns that the demonstrations could descend into antisemitic rhetoric and intimidation.
A coalition of anti-Israel activists is organizing the protests in and around UN headquarters to coincide with speeches from Middle Eastern leaders and appearances by US President Donald Trump and Israeli Prime Minister Benjamin Netanyahu. The demonstrations are expected to draw large crowds and feature prominent pro-Palestinian voices, some of whom have been criticized for trafficking in antisemitic tropes, in addition to calling for the destruction of Israe.
Organizers of the demonstrations have promoted the coordinated events on social media as an opportunity to pressure world leaders to hold Israel accountable for its military campaign against Hamas in Gaza, with some messaging framed in sharply hostile terms.
On Sunday, for example, activists shouted at Israel’s Ambassador to the UN Danny Danon.
“Zionism is terrorism. All you guys are terrorists committing ethnic cleansing and genocide in Gaza and Palestine. Shame on you, Zionist animals,” they shouted.
BREAKING: PRO-PALESTINE PROTESTORS CONFRONT “ISRAELI” AMBASSADOR DANNY DANON AT THE UNITED NATIONS
1/5 pic.twitter.com/4G1VYEMGzV
— Within Our Lifetime (@WOLPalestine) September 14, 2025
The Combat Antisemitism Movement (CAM), warned on its website that the scale and tone of the planned demonstrations risk crossing the line from political protest into hate speech, arguing that anti-Israel activists are attempting to hijack the UN gathering to spread antisemitism and delegitimize the Jewish state’s right to exist.
Outside the UN last week, masked protesters belonging to the activist group INDECLINE kicked a realistic replica of Netanyahu’s decapitated head as though it were a soccer ball.
US activist group plays soccer with Bibi’s mock decapitated HEAD right outside NYC UN HQ
Peep shot at 00:40
Footage posted by INDECLINE collective just as UN General Assembly about to kick off
‘Following the game, ball was donated to Palestinian Genocide Museum’ pic.twitter.com/TQ84sgZhKr
— RT (@RT_com) September 9, 2025
Within Our Lifetime (WOL), a radical anti-Israel activist group, has vowed to “flood” the UNGA on behalf of the pro-Palestine movement.
WOL, one of the most prolific anti-Israel activist groups, came under immense fire after it organized a protest against an exhibition to honor the victims of the Oct. 7 massacre at the Nova Music Festival in southern Israel. During the event, the group chanted “resistance is justified when people are occupied!” and “Israel, go to hell!”
“We will be there to confront them with the truth: Their silence and inaction enable genocide. The world cannot continue as if Gaza does not exist,” WOL said of its planned demonstrations in New York. “This is the time to make our voices impossible to ignore. Come to New York by any means necessary, to stand, to march, to demand the UN act and end the siege.”
Jewish Voice for Peace (JVP) and Palestinian Youth Movement (PYM), two other anti-Israel organizations that have helped organize widespread demonstrations against the Jewish state during the war in Gaza, also announced they are planning a march from Times Square to the UN headquarters on Friday.
“The time is now for each and every UN member state to uphold their duty under international law: sanction Israel and end the genocide,” the groups said in a statement.
JVP, an organization that purports to fight for “Palestinian liberation,” has positioned itself as a staunch adversary of the Jewish state. The group argued in a 2021 booklet that Jews should not write Hebrew liturgy because hearing the language would be “deeply traumatizing” to Palestinians. JVP has repeatedly defended the Oct. 7 massacre of roughly 1,200 people in southern Israel by Hamas as a justified “resistance.” Chapters of the organization have urged other self-described “progressives” to throw their support behind Hamas and other terrorist groups against Israel
Similarly, PYM, another radical anti-Israel group, has repeatedly defended terrorism and violence against the Jewish state. PYM has organized many anti-Israel protests in the two years following the Oct. 7 attacks in the Jewish state. Recently, Sen. Tom Cotton (R-AK) called for a federal investigation into the organization after Aisha Nizar, one of the group’s leaders, urged supporters to sabotage the US supply chain for the F-35 fighter jet, one of the most advanced US military assets and a critical component of Israel’s defense.
The UN General Assembly has historically been a flashpoint for heated debate over the Israeli-Palestinian conflict. Previous gatherings have seen dueling demonstrations outside the Manhattan venue, with pro-Israel and pro-Palestinian groups both seeking to influence the international spotlight.
While warning about the demonstrations, CAM noted it recently launched a new mobile app, Report It, that allows users worldwide to quickly and securely report antisemitic incidents in real time.
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Nina Davidson Presses Universities to Back Words With Action as Jewish Students Return to Campus Amid Antisemitism Crisis
Nina Davidson on The Algemeiner’s ‘J100’ podcast. Photo: Screenshot
Philanthropist Nina Davidson, who served on the board of Barnard College, has called on universities to pair tough rhetoric on combatting antisemitism with enforcement as Jewish students returned to campuses for the new academic year.
“Years ago, The Algemeiner had published a list ranking the most antisemitic colleges in the country. And number one was Columbia,” Davidson recalled on a recent episode of The Algemeiner‘s “J100” podcast. “As a board member and as someone who was representing the institution, it really upset me … At the board meeting, I brought it up and I said, ‘What are we going to do about this?’”
Host David Cohen, chief executive officer of The Algemeiner, explained he had revisited Davidson’s remarks while she was being honored for her work at The Algemeiner‘s 8th annual J100 gala, held in October 2021, noting their continued relevance.
“It could have been the same speech in 2025,” he said, underscoring how longstanding concerns about campus antisemitism, while having intensified in the aftermath of Hamas’s Oct. 7, 2023, massacre across southern Israel, are not new.
Davidson argued that universities already possess the tools to protect students – codes of conduct, time-place-manner rules, and consequences for threats or targeted harassment – but too often fail to apply them evenly. “Statements are not enough,” she said, arguing that institutions need to enforce their rules and set a precedent that there will be consequences for individuals who refuse to follow them.
She also said that stakeholders – alumni, parents, and donors – are reassessing their relationships with schools that, in their view, have not safeguarded Jewish students. While supportive of open debate, Davidson distinguished between protest and intimidation, calling for leadership that protects expression while ensuring campus safety.
The episode surveyed specific pressure points that administrators will face this fall: repeat anti-Israel encampments, disruptions of Jewish programming, and the challenge of distinguishing political speech from conduct that violates university rules. “Unless schools draw those lines now,” Davidson warned, “they’ll be scrambling once the next crisis hits.”
Cohen closed by framing the discussion as a test of institutional credibility, asking whether universities will “turn policy into protection” in real time. Davidson agreed, pointing to students who “need to know the rules aren’t just on paper.”
The full conversation is available on The Algemeiner’s “J100” podcast.