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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.
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Why Does the Media Not Tell the Truth About Hezbollah’s Attacks on Israel?
Firefighters respond to a fire near a rocket attack from Lebanon, amid ongoing cross-border hostilities between Hezbollah and Israeli forces, near Kiryat Shmona, northern Israel, June 14, 2024. Photo: REUTERS/Ammar Awad
Last month, the BBC News website published a report by the BBC Jerusalem bureau’s Lucy Williamson under the headline “Fires in northern Israel fuel demands to tackle escalation with Hezbollah.”
The following day, the BBC News website published another report by the same journalist on the same topic titled “Israelis using gardening tools to fight wildfires sparked by Hezbollah rockets.”
A couple of weeks later, that pattern was repeated. On June 19, the BBC News website published a report by Williamson headlined “Israel and Hezbollah play with fire as fears grow of another war,” which was previously discussed here.
Late on June 22, the BBC News website published another report titled “Unable to back down, Israel and Hezbollah move closer to all-out war,” which is credited to “Lucy Williamson, Reporting from the Israel-Lebanon border.”
If one assumed that the reason for the appearance within days of a second report on the same topic by the same journalist was the emergence of new information concerning the situation on Israel’s northern border, one would be wrong.
A considerable proportion of Williamson’s second report (which was also translated into Swahili) consists of interviews with people on both sides of the border: Israelis from Kiryat Shmona and Malkiya, and two residents of southern Lebanese villages.
Failing to clarify that her interviewee lives in a town described as one of the “bastions of strong Hezbollah support” where a strike against a Hezbollah command center took place in March, Williamson tells her readers that:
Fatima Belhas lives a few miles (7km) from the Israeli border, near Jbal el Botm.
In the early days, she would shake with fear when Israel bombed the area, she says, but has since come to terms with the bombardments and no longer thinks of leaving.
“Where would I go?” she asked. “[Others] have relatives elsewhere. But how can I impose on someone like that? We have no money.”
“Maybe it is better to die at home with dignity,” she said. “We have grown up resisting. We won’t be driven out of our land like the Palestinians.”
Readers may recall that just days earlier, another BBC report from southern Lebanon promoted that same “Nakba” comparison.
Similarly failing to note Hezbollah’s presence and infrastructure in Mays al Jbal (also Meiss al Jabal), Williamson continues:
Hussein Aballan recently left his village of Mays al Jbal, around 6 miles (10km) from Kiryat Shmona, on the Lebanese side of the border.
Life there had become impossible, he said, with erratic communications and electricity, and almost no functioning shops.
The few dozen families left there are mainly older people who refuse to leave their homes and farms, he told the BBC.
But he backed the Hezbollah assault on Israel.
“Everyone in the south [of Lebanon] has lived through years of aggression, but has come out stronger,” he said. “Only through resistance are we strong.”
Williamson fails to remind her readers that Israel withdrew from southern Lebanon 24 years ago, and that the only “aggression” has been in response to attacks by Hezbollah and other terrorist groups, such as the cross-border attack that sparked the war in 2006.
As in her previous report, Williamson portrays the events resulting from the Lebanese terror group’s decision to attack Israel on October 8 as “tit-for-tat”:
But as the tit-for-tat conflict grinds on, and more than 60,000 Israelis remain evacuated from their homes in the north, there are signs that both Israel’s leaders and its citizens are prepared to support military options to push Hezbollah back from the border by force.
Also, as in her own previous reports and in most other BBC content, Williamson fails to explain to her readers that according to UN Security Council Resolution 1701, Hezbollah should be nowhere near the border with Israel ,and that the UN’s “peacekeeping force” in Lebanon has failed to enforce that resolution since it was passed in 2006.
Williamson’s framing of the situation in the north of Israel includes the following:
The dangerous stalemate here hinges largely on the war Israel is fighting more than 100 miles (160km) to the south in Gaza.
A ceasefire there would help calm tensions in the north too, but Israel’s Prime Minister Benjamin Netanyahu is keeping both conflicts going, mortgaged by his promise to far-right government allies to destroy Hamas before ending the Gaza War. [emphasis added]
And:
Demands for political change are likely to increase when Israel’s conflicts end.
Many believe Israel’s prime minister is playing for time: caught between growing demands for a ceasefire in Gaza, and growing support for a war in the north.
In other words, Williamson’s framing ignores the fact that Hamas chose to attack Israel on October 7, and that Hezbolah chose to attack Israel on October 8, and almost every day since then. She erases the fact that Hamas has rejected multiple ceasefire offers in order to promote a narrative whereby it is Israel’s prime minister alone who is “keeping both conflicts going”.
Moreover, she tells BBC audiences that:
The problem for Israel is how to stop the rockets and get its people back to the abandoned northern areas of the country.
The problem for Hezbollah is how to stop the rockets when its ally, Hamas, is being pounded by Israeli forces in Gaza.
Williamson cites a statement made by the UN Secretary General on June 21:
Hezbollah is a well-armed, well-trained army, backed by Iran; Israel, a sophisticated military power with the US as an ally.
Full-scale war is likely to be devastating for both sides.
The UN Secretary-General, Antonio Guterres, said it would be a “catastrophe that goes […] beyond imagination”.
Like the UN Secretary General, Williamson has nothing to tell her audiences about the Lebanese state’s decades-long failure to tackle the Islamist terrorist organization that has repeatedly dragged that country into conflict, and has nothing to say about the failure of the United Nations to enforce its own resolutions designed to prevent further conflict.
The BBC’s sidelining of UN Security Council Resolution 1701 and its whitewashing of the failures of the UN forces that are supposed to enforce it, did not begin in October 2023: that editorial policy has been evident for many years.
Now, however, that policy is being used to advance framing of a potential escalation after over eight months of continuous attacks on Israeli communities by Hezbollah and other terrorist organizations, as something that is the responsibility of Israel alone.
Hadar Sela is the co-editor of CAMERA UK – an affiliate of the Committee for Accuracy in Middle East Reporting and Analysis (CAMERA), where a version of this article first appeared.
The post Why Does the Media Not Tell the Truth About Hezbollah’s Attacks on Israel? first appeared on Algemeiner.com.
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University of Toronto is granted an injunction to dismantle a pro-Palestinian encampment that has been on campus for two months
The University of Toronto has received an injunction to dismantle the pro-Palestinian encampment on its property. The 98-page decision from Justice Markus Koehnen of the Ontario Superior Court of Justice said that members of the encampment must take down the tents within 24 hours, by 6 p.m. on Wednesday, July 3. Toronto Police will have […]
The post University of Toronto is granted an injunction to dismantle a pro-Palestinian encampment that has been on campus for two months appeared first on The Canadian Jewish News.
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Jewish Cemeteries Vandalized in Cincinnati, Montreal
Vandals in Canada targeted a Jewish cemetery. Photo: Screenshot
Vandals have targeted notable Jewish cemeteries in Cincinnati, Ohio and Montreal, Canada, sparking outcry and concern over mounting threats of antisemitism.
Vandals at Montreal’s Kehal Yisrael Cemetery placed memorial stones in the shape of a Nazi swastika on top of tombstones. Ones with the last names Eichler and Herman were targeted in the antisemitic attack.
Placing memorial stones on graves is an ancient Jewish custom to memorialize the dead. Jewish cemeteries oftentimes have stones nearby tombstones for mourners.
Canadian leaders decried the vandalism.
“It is absolutely abhorrent and revolting to defile the dead with swastikas,” Jeremy Levi, the Jewish mayor of a Jewish-majority suburb of Montreal, commented on X/Twitter. “This desecration at the Kehal Israel cemetery in Montreal is beyond contempt. [Canadian Prime Minister] Justin Trudeau, step aside and get out of the way so we can reclaim our country. May this Kohen’s neshama have an Aliyah on high.” One of the tombstones vandalized belonged to a Kohen.
The leader of the Conservative Party in Canada’s parliament and candidate for prime minister, Pierre Poilievre, lambasted Trudeau and denounced antisemitism. “We cannot close our eyes to the disgusting acts of antisemitism that are happening in our country everyday,” he posted on X/Twitter. “The prime minister must finally act to stop these displays of antisemitism. If he won’t, a common sense Conservative government will.”
Canada, like many countries around the world, has experienced a surge in antisemitic incidents since the Palestinian terrorist group Hamas’ massacre across southern Israel on Oct. 7.
Meanwhile in Cincinnati, vandals targeted two historic Jewish cemeteries this past week, toppling and shattering ancient tombstones — some dating back to the 1800s.
According to a statement from the Jewish Federation of Cincinnati, 176 gravesites in Cincinnati’s West Side were ruined “in an act of antisemitic vandalism.”
“Due to the extensive damage and the historical nature of many of the gravestones, we have not yet been able to identify all the families affected by this act,” the statement continued. “Our community [is] heartbroken.”
The Cincinnati Police Department and the FBI are investigating the incidents.
The destruction of monuments is the latest in a greater trend of antisemitic vandalism. In an incident over the weekend, vandals in Australia targeted war memorials dedicated to Australian veterans who sacrificed their lives in Korea and Vietnam with pro-Hamas graffiti.
A couple weeks earlier, vandals in Belgium defaced two memorials for Holocaust victims with swastikas and a phrase calling for violence against Israel. In Germany, meanwhile, at least seven stolpersteine, or stumbling blocks in the sidewalk meant to mark Jewish homes seized by the Nazis, were defaced with the message “Jews are perpetrators.”
The US, Canada, Europe, and Australia have all experienced an explosion of antisemitic incidents in the wake of the Hamas atrocities of Oct. 7, and amid the ensuing war in Gaza. In many countries, anti-Jewish hate crimes have spiked to record levels.
According to the B’nai Brith, antisemitic incidents in Canada more than doubled in 2023 compared to the prior year.
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