RSS
ICC Prosecutor Wants to Rob Israel of Its Legitimate Right to Self Dense
On Monday, International Criminal Court (ICC) Prosecutor Karim A.A. Khan KC sought arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Israeli Defense Minister Yoav Gallant.
Members of Congress from both parties have quickly condemned this action from ICC. Democratic Representative Ritchie Torres (NY) said:
The decision to seek arrest warrants is not law but politics. It is not justice but rather retribution against Israel for the original sin of existing as a Jewish State and the subsequent sin of defending itself amid the deadliest day for Jews since the Holocaust.
Today’s decision in effect makes it criminal for a state like Israel to defend itself against an enemy shrewd enough to embed itself in a civilian population, as Hamas has done to an extent never seen before in the history of warfare.
Republican Representative Elise Stefanik (NY) said, “The ICC is an illegitimate court that [equates] a peaceful nation protecting its right to exist with radical terror groups that commit genocide.” International legal expert Eugene Kontorovich explained that, “Diplomatically, it is an attempt to create moral equivalence between Hamas and Israel.”
As will be discussed below, the ICC prosecutor’s factual allegations have no basis. Indeed, Israel’s enemies have sought to use the ICC against it long before the October 7 war began. The recent actions of the ICC prosecutor merely highlight that Court’s illegitimacy and the way that the Jewish State is persecuted in international forums that are functionally controlled by Israel’s enemies.
Like most intergovernmental institutions, the ICC is the subject of the political whims of the undemocratic majority of states. Its very founding document, the Rome Statute, was even altered at the demand of Arab and Islamic states in order to invent a new “war crime” aimed at criminalizing Israeli settlements.
This weaponization of the ICC against the Jewish state is now on full display. Just in order to claim jurisdiction over Israel — which is not a party to the Rome Statute –the ICC had to invent two legal fantasies: (1) it had to pretend that the Palestine Liberation Organization is actually a “state,” and (2) it had to pretend that a treaty can bind actual states that never signed onto the treaty.
To justify these fictions, the ICC relied in large part on the meaningless, non-binding, and political recommendations of the same body that once declared “Zionism is a form of racism.” It did so all while ignoring actual international law that clearly articulates the criteria for statehood, of which the PLO undeniably falls short.
Monday’s actions by the Prosecutor threaten not only Israel. They amounts to a power grab, in which Prosecutor Karim Khan has decided his judgment supersedes that of democratic governments.
The ICC, according to its own rules, is meant to act only as a court of last resort; that is, the ICC is only supposed to get involved when a state is unable or unwilling to investigate allegations itself. This is a high bar for a prosecutor. Israel has one of the most robust and independent judicial systems in the world, including its highly respected Supreme Court. The IDF itself maintains arguably the most professional and independent system of legal advisors and reviewers, who regularly take on incidents for investigation and prosecution.
If Israel’s independent and professional legal system isn’t sufficient for Khan, then no legal system is. This would open all democracies engaged in self-defense to lawfare waged by bad actors and second guessing by a rogue prosecutor, including, potentially, the US.
The allegations against Netanyahu and Gallant are factually baseless. The first is “Starvation of civilians as a method of warfare as a war crime contrary to article 8(2)(b)(xxv) of the [Rome] Statute.”
As international law expert Eugene Kontorovich explained early in the war, “siege is a ‘legitimate’ and ordinary part of lawful war … An army need not help its enemy obtain provisions during a conflict. When military objectives and civilians are intermingled, siege aimed at the former also will affect the latter. As with other situations of collateral damage to civilians, international law permits a siege as long as it isn’t ‘for the purpose of denying sustenance to the civilian population.’ There is no indication that Israel has any strategy of starving out civilians.”
Despite the legality of such a siege, beginning on October 18 — only 11 days after Hamas’ barbaric attack, as the full reality of how many people had been killed and how many taken hostage was still being absorbed — Israel agreed to allow aid into Gaza and has allowed sufficient aid in ever since. Israel also restarted supplying Gaza with water on October 15.
While there may have been isolated cases of individuals with underlying medical problems being malnourished, and certainly Hamas obstructs distribution of food aid, there is no wide-scale starvation occurring.
The Gaza Ministry of Health claims that since the start of the war, 32 individuals have died of malnutrition and dehydration, or .0015 percent of the population. Of course no one wants anyone, in Gaza or elsewhere, to die of starvation, but to put this in perspective, this does not come close to comparing with places in which actual famines have occurred, and rather is at about the same level as France.
A senior Israeli defense official told The Jerusalem Post, “most of the food that Israel has been sending into the Strip has ‘immediately been taken by Hamas terrorists, who then sell some of the supplies for ten times more than what it’s worth,’” and a former senior Israeli defense official told the Post, “there is no food shortage in Gaza; there are those who are hungry since Hamas has taken all of the food and they don’t have enough money to pay Hamas on the black market.” This tactic serves a dual purpose for Hamas: it enriches the terror group while providing the fodder exactly for ICC allegations like this one.
In particular, in light of last week’s discovery of 50 cross-border tunnels from Rafah into Egypt, which certainly could have been used to bring in food as easily as any other materials had that been necessary, blaming Israel for any difficulty in food distribution simply doesn’t hold up to the facts. If in fact the population was starving, why didn’t they bring in food through those cross-border tunnels?
The ICC Prosecutor has also made allegations of “Willfully causing great suffering, or serious injury to body or health contrary to article 8(2)(a)(iii), or cruel treatment as a war crime contrary to article 8(2)(c)(i); Wilful killing contrary to article 8(2)(a)(i), or Murder as a war crime contrary to article 8(2)(c)(i); Intentionally directing attacks against a civilian population as a war crime contrary to articles 8(2)(b)(i), or 8(2)(e)(i); Extermination and/or murder contrary to articles 7(1)(b) and 7(1)(a), including in the context of deaths caused by starvation, as a crime against humanity.”
Multiple legal experts have attested to the fact that Israel uses all means possible to avoid harm to civilians. Just last week, John Spencer, the chair of urban warfare studies with the Modern War Institute at West Point, told CNN, “I can say with very strong confidence that Israel has done everything the US military has ever done in the history of urban combat and things that we’ve never done, implementing every civilian harm mitigation technique that has been developed in the last 30 years despite Hamas’ tactics.”
And Brigadier General (Ret) Mark Kimmitt, former Assistant Secretary of State for political-military affairs and deputy assistant secretary of defense for the Middle East, has detailed the “extensive procedures the IDF uses to enforce tough standards aimed at minimizing civilian deaths and protecting infrastructure.”
The remaining allegations, “Persecution as a crime against humanity contrary to article 7(1)(h); Other inhumane acts as crimes against humanity contrary to article 7(1)(k),” are too vague to be meaningful.
Hamas is still holding about 129 hostages, including a one-year old baby, and its unknown how many are dead and how many are living. Yet, the ICC prosecutor seeks to tie Israel’s hands to prevent it from taking the necessary actions to recover them.
On October 7, Israel was attacked with a barbarity not seen since medieval times. It is fighting this war, not by choice, but out of necessity for its survival. To have its defensive war characterized in this manner, as “extermination” or “murder” and used to justify international legal action against its leaders, is to twist morality on its head in the cruelest possible way.
In any war, there will be civilian casualties. But extrapolating from the existence of civilian casualties that Israel has “willfully” caused more suffering or death than necessary to achieve its lawful military aims, or that it has intentionally directed attacks against civilians, is to characterize any war that Israel fights as a genocide or a war crime and to effectively rob it of its legitimate right to self-defense.
Karen Bekker is the Assistant Director in the Media Response Team at CAMERA, the Committee for Accuracy in Middle East Reporting and Analysis. David Litman is a Research Analyst at CAMERA. A version of this article appeared on the CAMERA website.
The post ICC Prosecutor Wants to Rob Israel of Its Legitimate Right to Self Dense first appeared on Algemeiner.com.
RSS
Israel Blocks Ramallah Meeting with Arab Ministers, Israeli Official Says
A closed Israeli military gate stands near Ramallah in the West Bank, February 18, 2025. Photo: REUTERS/Ammar Awad
Israel will not allow a planned meeting in the Palestinian administrative capital of Ramallah, in the West Bank, to go ahead, an Israeli official said on Saturday, after Arab ministers planning to attend were stopped from coming.
The move, days after Prime Minister Benjamin Netanyahu’s right-wing government announced one of the largest expansions of settlements in the West Bank in years, underlined escalating tensions over the issue of international recognition of a future Palestinian state.
Saturday’s meeting comes ahead of an international conference, co-chaired by France and Saudi Arabia, that is due to be held in New York on June 17-20 to discuss the issue of Palestinian statehood, which Israel fiercely opposes.
The delegation of senior Arab officials due to visit Ramallah – including the Jordanian, Egyptian, Saudi Arabian and Bahraini foreign ministers – postponed the visit after “Israel’s obstruction of it,” Jordan’s foreign ministry said in a statement, adding that the block was “a clear breach of Israel’s obligations as an occupying force.”
The ministers required Israeli consent to travel to the West Bank from Jordan.
An Israeli official said the ministers intended to take part in “a provocative meeting” to discuss promoting the establishment of a Palestinian state.
“Such a state would undoubtedly become a terrorist state in the heart of the land of Israel,” the official said. “Israel will not cooperate with such moves aimed at harming it and its security.”
A Saudi source told Reuters that Saudi Arabia’s Foreign Minister Prince Faisal bin Farhan Al-Saud had delayed a planned trip to the West Bank.
Israel has come under increasing pressure from the United Nations and European countries which favour a two-state solution to the Israeli-Palestinian conflict, under which an independent Palestinian state would exist alongside Israel.
French President Emmanuel Macron said on Friday that recognizing a Palestinian state was not only a “moral duty but a political necessity.”
Palestinians want the West Bank territory, which was seized by Israel in the 1967 Middle East war, as the core of a future state along with Gaza and East Jerusalem.
But the area is now criss-crossed with settlements that have squeezed some 3 million Palestinians into pockets increasingly cut off from each other though a network of military checkpoints.
Defense Minister Israel Katz said the announcement this week of 22 new settlements in the West Bank was an “historic moment” for settlements and “a clear message to Macron.” He said recognition of a Palestinian state would be “thrown into the dustbin of history.”
The post Israel Blocks Ramallah Meeting with Arab Ministers, Israeli Official Says first appeared on Algemeiner.com.
RSS
Gaza Aid Supplies Hit by Looting as Hamas Ceasefire Response Awaited
Palestinians carry aid supplies which they received from the U.S.-backed Gaza Humanitarian Foundation, in the central Gaza Strip, May 29, 2025. REUTERS/Ramadan Abed
Armed men hijacked dozens of aid trucks entering the Gaza Strip overnight and hundreds of desperate Palestinians joined in to take supplies, local aid groups said on Saturday as officials waited for Hamas to respond to the latest ceasefire proposals.
The incident was the latest in a series that has underscored the shaky security situation hampering the delivery of aid into Gaza, following the easing of a weeks-long Israeli blockade earlier this month.
US President Donald Trump said on Friday he believed a ceasefire agreement was close but Hamas has said it is still studying the latest proposals from his special Middle East envoy Steve Witkoff. The White House said on Thursday that Israel had agreed to the proposals.
The proposals would see a 60-day truce and the exchange of 28 of the 58 hostages still held in Gaza for more than 1,200 Palestinian prisoners and detainees, along with the entry of humanitarian aid into the enclave.
On Saturday, the Israeli military, which relaunched its air and ground campaign in March following a two-month truce, said it was continuing to hit targets in Gaza, including sniper posts and had killed what it said was the head of a Hamas weapons manufacturing site.
The campaign has cleared large areas along the boundaries of the Gaza Strip, squeezing the population of more than 2 million into an ever narrower section along the coast and around the southern city of Khan Younis.
Israel imposed a blockade on all supplies entering the enclave at the beginning of March in an effort to weaken Hamas and has found itself under increasing pressure from an international community shocked by the increasingly desperate humanitarian situation the blockade has created.
The United Nations said on Friday the situation in Gaza is the worst since the start of the war began 19 months ago, with the entire population facing the risk of famine despite a resumption of limited aid deliveries earlier this month.
Israel has been allowing a limited number of trucks from the World Food Program and other international groups to bring flour to bakeries in Gaza but deliveries have been hampered by repeated incidents of looting.
At the same time, a separate system, run by a US-backed group called the Gaza Humanitarian Foundation has been delivering meals and food packages at three designated distribution sites.
However, aid groups have refused to cooperate with the GHF, which they say is not neutral, and say the amount of aid allowed in falls far short of the needs of a population at risk of famine.
“The aid that’s being sent now makes a mockery of the mass tragedy unfolding under our watch,” Philippe Lazzarini, head of the main U.N. relief organization for Palestinians, said in a message on the social media platform X.
NO BREAD IN WEEKS
The World Food Program said it brought 77 trucks carrying flour into Gaza overnight and early on Saturday and all of them were stopped on the way, with food taken by hungry people.
“After nearly 80 days of a total blockade, communities are starving and they are no longer willing to watch food pass them by,” it said in a statement.
Amjad Al-Shawa, head of an umbrella group representing Palestinian aid groups, said the dire situation was being exploited by armed groups which were attacking some of the aid convoys.
He said hundreds more trucks were needed and accused Israel of a “systematic policy of starvation.”
Overnight on Saturday, he said trucks had been stopped by armed groups near Khan Younis as they were headed towards a World Food Programme warehouse in Deir Al-Balah in central Gaza and hundreds of desperate people had carried off supplies.
“We could understand that some are driven by hunger and starvation, some may not have eaten bread in several weeks, but we can’t understand armed looting, and it is not acceptable at all,” he said.
Israel says it is facilitating aid deliveries, pointing to its endorsement of the new GHF distribution centers and its consent for other aid trucks to enter Gaza.
Instead it accuses Hamas of stealing supplies intended for civilians and using them to entrench its hold on Gaza, which it had been running since 2007.
The post Gaza Aid Supplies Hit by Looting as Hamas Ceasefire Response Awaited first appeared on Algemeiner.com.
RSS
Hamas Seeks Changes in US Gaza Proposal; Witkoff Calls Response ‘Unacceptable’
US President Donald Trump’s Middle East envoy-designate Steve Witkoff gives a speech at the inaugural parade inside Capital One Arena on the inauguration day of Trump’s second presidential term, in Washington, DC, Jan. 20, 2025. Photo: REUTERS/Carlos Barria
Hamas said on Saturday it was seeking amendments to a US-backed proposal for a temporary ceasefire with Israel in Gaza, but President Donald Trump’s envoy rejected the group’s response as “totally unacceptable.”
The Palestinian terrorist group said it was willing to release 10 living hostages and hand over the bodies of 18 dead in exchange for Palestinian prisoners in Israeli prisons. But Hamas reiterated demands for an end to the war and withdrawal of Israeli troops from Gaza, conditions Israel has rejected.
A Hamas official described the group’s response to the proposals from Trump’s special Middle East envoy Steve Witkoff as “positive” but said it was seeking some amendments. The official did not elaborate on the changes being sought by the group.
“This response aims to achieve a permanent ceasefire, a complete withdrawal from the Gaza Strip, and to ensure the flow of humanitarian aid to our people in the Strip,” Hamas said in a statement.
The proposals would see a 60-day truce and the exchange of 28 of the 58 hostages still held in Gaza for more than 1,200 Palestinian prisoners and detainees, along with the entry of humanitarian aid into the enclave.
A Palestinian official familiar with the talks told Reuters that among amendments Hamas is seeking is the release of the hostages in three phases over the 60-day truce and more aid distribution in different areas. Hamas also wants guarantees the deal will lead to a permanent ceasefire, the official said.
There was no immediate response from Israeli Prime Minister Benjamin Netanyahu’s office to the Hamas statement.
Israel has previously rejected Hamas’ conditions, instead demanding the complete disarmament of the group and its dismantling as a military and governing force, along with the return of all 58 remaining hostages.
Trump said on Friday he believed a ceasefire agreement was close after the latest proposals, and the White House said on Thursday that Israel had agreed to the terms.
Saying he had received Hamas’ response, Witkoff wrote in a posting on X: “It is totally unacceptable and only takes us backward. Hamas should accept the framework proposal we put forward as the basis for proximity talks, which we can begin immediately this coming week.”
On Saturday, the Israeli military said it had killed Mohammad Sinwar, Hamas’ Gaza chief on May 13, confirming what Netanyahu said earlier this week.
Sinwar, the younger brother of Yahya Sinwar, the group’s deceased leader and mastermind of the October 2023 attack on Israel, was the target of an Israeli strike on a hospital in southern Gaza. Hamas has neither confirmed nor denied his death.
The Israeli military, which relaunched its air and ground campaign in March following a two-month truce, said on Saturday it was continuing to hit targets in Gaza, including sniper posts and had killed what it said was the head of a Hamas weapons manufacturing site.
The campaign has cleared large areas along the boundaries of the Gaza Strip, squeezing the population of more than 2 million into an ever narrower section along the coast and around the southern city of Khan Younis.
Israel imposed a blockade on all supplies entering the enclave at the beginning of March in an effort to weaken Hamas and has found itself under increasing pressure from an international community shocked by the desperate humanitarian situation the blockade has created.
On Saturday, aid groups said dozens of World Food Program trucks carrying flour to Gaza bakeries had been hijacked by armed groups and subsequently looted by people desperate for food after weeks of mounting hunger.
“After nearly 80 days of a total blockade, communities are starving and they are no longer willing to watch food pass them by,” the WFP said in a statement.
‘A MOCKERY’
The incident was the latest in a series that has underscored the shaky security situation hampering the delivery of aid into Gaza, following the easing of a weeks-long Israeli blockade earlier this month.
The United Nations said on Friday the situation in Gaza is the worst since the start of the war 19 months ago, with the entire population facing the risk of famine despite a resumption of limited aid deliveries earlier this month.
“The aid that’s being sent now makes a mockery of the mass tragedy unfolding under our watch,” Philippe Lazzarini, head of the main U.N. relief organization for Palestinians, said in a message on X.
Israel has been allowing a limited number of trucks from the World Food Program and other international groups to bring flour to bakeries in Gaza but deliveries have been hampered by repeated incidents of looting.
A separate system, run by a US-backed group called the Gaza Humanitarian Foundation, has been delivering meals and food packages at three designated distribution sites.
However, aid groups have refused to cooperate with the GHF, which they say is not neutral, and say the amount of aid allowed in falls far short of the needs of a population at risk of famine.
Amjad Al-Shawa, head of an umbrella group representing Palestinian aid groups, said the dire situation was being exploited by armed groups which were attacking some of the aid convoys.
He said hundreds more trucks were needed and accused Israel of a “systematic policy of starvation.”
Israel denies operating a policy of starvation and says it is facilitating aid deliveries, pointing to its endorsement of the new GHF distribution centers and its consent for other aid trucks to enter Gaza.
Instead it accuses Hamas of stealing supplies intended for civilians and using them to entrench its hold on Gaza, which it had been running since 2007.
Hamas denies looting supplies and has executed a number of suspected looters.
The post Hamas Seeks Changes in US Gaza Proposal; Witkoff Calls Response ‘Unacceptable’ first appeared on Algemeiner.com.
You must be logged in to post a comment Login