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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.
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Rafael Lemkin’s Family Fights to Have Anti-Israel Group Stop Using Name of Famed Zionist Who Coined Term ‘Genocide’

Raphael Lemkin being interviewed on Feb. 13, 1949. Photo: Screenshot
The family of Raphael Lemkin — the Polish-born Jewish lawyer who coined the term “genocide” and helped draft the Genocide Convention after World War II — is taking legal action against a stridently anti-Israel group based in the US, accusing the nonprofit organization of corrupting his family name and legacy.
Joseph Lemkin, the cousin of Raphael Lemkin and closest living relative, confirmed to The Algemeiner that his family is initiating legal proceedings against the Pennsylvania-based Lemkin Institute for Genocide Prevention, with the support of the European Jewish Association (EJA), to stop the misuse of his family name.
“From our perspective, the Lemkin Institute has no right to use his name. Their actions are completely opposed to what he stood for,” Lemkin told The Algemeiner, referring to his cousin. “He was a passionate Zionist who dedicated all his efforts and resources to one cause: the adoption of the Genocide Convention.”
Lemkin’s father was Raphael Lemkin’s first cousin, and he said the two men had a close relationship.
First reported by The Algemeiner, the institute has used the Lemkin name to advance an agenda of extreme anti-Israel activism, which Lemkin’s family called a “shameful betrayal” of their legacy.
Initially registered in Pennsylvania as a nonprofit organization in 2021, the institute received US federal tax-exempt status two years later.
Since the Hamas-led invasion of and massacre across southern Israel on Oct. 7, 2023, the organization has shifted toward aggressive anti-Israel political advocacy, backing pro-Hamas campus protests and reaching millions on social media with posts that falsely accuse Israel of genocide.
Less than a week after the Oct. 7 atrocities, for example, the institute released a “genocide alert” calling the Palestinian terrorist group’s onslaught an “unprecedented military operation against Israel.”
Comparing Israel’s defensive military actions against Hamas to the Holocaust, the institute accused the Jewish state of carrying out a “genocide” against Palestinians — the very term Raphael Lemkin coined in 1943. Israel had not even launched its ground offensive in Gaza at the time of the social media posts.
Days later, the Lemkin Institute called on the International Criminal Court “to indict Israeli Prime Minister Benjamin Netanyahu for the crime of #genocide in light of the siege and bombardment of #Gaza and the many expressions of genocidal intent.” Israel still had not initiated its ground campaign.
Since then, the organization’s vocal anti-Israel advocacy has continued unabated for the past two years, accusing the Jewish state of genocide and terrorism while largely staying silent about Hamas.
According to the Lemkin family, such statements distort history and undermine their legacy, but even more, they disrespect the memory of six million Jews.
“The institute has used this term to promote an inflammatory, antisemitic stance against Israel — completely contrary to the principles he stood for,” Joseph Lemkin told The Algemeiner, referring to his cousin.
“Astonishingly, they have even expressed support for Hezbollah and Hamas — both internationally designated terrorist organizations — while smearing Israel,” he continued.
Now, legal steps are underway to hold the institute accountable, stop it from exploiting the Lemkin name to raise money, and end its Holocaust comparisons.
After first sending letters demanding that the institute change its name, the Lemkin family is now awaiting a response — and if no voluntary action is taken or Pennsylvania officials fail to intervene, the matter will be taken to court, Lemkin told The Algemeiner.
Beyond its communications with the institute, the EJA legal team also sent letters to Gov. Josh Shapiro and Pennsylvania’s Bureau of Corporations and Charitable Organizations regarding this issue.
“The Lemkin Institute, through its very name, as well as its marketing and other materials, represents itself as an embodiment of Mr. Lemkin’s ideology. In reality, the Lemkin Institute’s policies, positions, activities, and publications are anathema to Mr. Lemkin’s belief system,” the letter reads.
“The Lemkin Institute is not authorized by Raphael Lemkin’s family, his estate, or any custodian of his legacy to rely upon his name for any purpose,” it continues. “The European Jewish Association and Mr. Lemkin’s family are outraged by the Lemkin Institute’s use of Mr. Lemkin’s name, especially in the context of the Lemkin Institute’s anti-Israel agenda.”
EJA Chairman Rabbi Menachem Margolin has sharply condemned the institute’s actions and statements, saying it has “weaponized a sacred legacy against the very people it was meant to protect.”
“The Lemkin Institute was established to prevent genocide — not to distort its definition or fuel antisemitic tropes,” Margolin said in a statement.
Raphael Lemkin was born in Poland in 1900 and eventually escaped the Nazis to the US, where he joined the War Department, documenting Nazi atrocities and preparing for the prosecution of Nazi crimes at the Nuremberg trials. He dedicated much of his life to making the world recognize the horrors of the Holocaust and designating mass murder as a crime which could be prosecuted through international law. Forty-nine members of his family, including his parents, were killed in the Holocaust. He died in 1959.
A 2017 article by James Loeffler, who now teaches at Johns Hopkins University, described what he called “the forgotten Zionism of Raphael Lemkin.” Loeffler noted that while “dead international lawyers rarely become celebrities,” Lemkin “has emerged as a potent symbol for activists and politicians across the world.”
Loeffler traced Lemkin’s work as an editor and columnist of a Jewish publication, Zionist World. “The task of the Jewish people is … [to become] a permanent national majority in its own national home,” Lemkin wrote in one such column.
“It is not enough to know Zionism,” Lemkin wrote in another column quoted by Loeffler. “One must imbibe its spirit, one must make Zionism a part of one’s very own ‘self,’ and be prepared to make sacrifices on its behalf.”
Elisa von Joeden-Forgey, founder and executive director of the Lemkin Institute, told the online news site EJewish Philanthropy that her organization was named after Lemkin to “bring his name back into public discourse” but “there was no clear person to contact” when naming the institute in 2021.
“We don’t want to cause unhappiness for anybody in the Lemkin family. We did ask to know what legal basis exists for the complaint, and we have not received any response to that specific question,” she added.
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China Expands Influence Campaign Targeting Israel as Way to Hurt US, Study Finds

Chinese and US flags flutter outside the building of an American company in Beijing, China, April 8, 2025. Photo: REUTERS/Tingshu Wang
China has increasingly used state media and covert campaigns to spread anti-Israel and antisemitic narratives in the United States, according to a new study.
The Institute for National Security Studies (INSS), an Israeli think tank, has released a report examining how China’s state media portrays Israel and the United States as solely responsible for the war in Gaza, depicting them as destabilizing actors while spreading anti-Israel and antisemitic messages.
“It is evident that China and its proxies play a significant role in the current wave of antisemitism and anti-Israel sentiment in the United States,” Ofir Dayan, a research associate in the Israel-China Policy Center at INSS, writes in the report.
According to Dayan, China’s dissemination of anti-Israel narratives is not intended to directly harm Israel but rather to undermine the US, while preserving its valuable diplomatic and economic ties with Jerusalem.
“Israel is used as a tool to advance Beijing’s claim that Washington destabilizes both the international system and the regions where it operates,” the report says.
While China’s primary aim is to target the United States, Israel ends up suffering “collateral damage” as a result, the study finds.
In advancing these objectives, INSS explains that China covertly conducts influence campaigns across the United States, promoting anti-Israel and antisemitic narratives, including conspiracy theories about “Jewish control” of politics, the economy, and the media.
On Monday, Israeli Prime Minister Benjamin Netanyahu accused China, along with Qatar, of orchestrating a campaign in Western media to “besiege” Israel by undermining its allies’ support.
There is “an effort to besiege — not isolate as much as besiege Israel — that is orchestrated by the same forces that supported Iran,” Netanyahu said, speaking to a delegation of 250 US state legislators at the Foreign Ministry in Jerusalem.
“One is China. And the other is Qatar. They are organizing an attack on Israel … [through] the social media of the Western world and the United States,” the Israeli leader continued. “We will have to counter it, and we will counter it with our own methods.”
According to the INSS report, China’s role in promoting anti-Israel activity in the United States is evident in the narratives it spreads — both publicly, through state-run media, and covertly, through targeted cyber operations.
For example, China Daily — the official news outlet of the Chinese Communist Party — has been openly critical of Israel since the start of the Gaza war, using its coverage to attack Washington and depict it as a destabilizing force fueling conflict worldwide.
The Chinese news outlet has also published articles contending that neither Israel nor the United States care about Gazans or Israeli hostages held by Hamas, accusing the US of instigating wars for domestic political gain, and attempting to create divisions in American society by portraying support for Israel as unpopular.
The study also explains how China exploited the wave of protests across US universities following the Hamas-led invasion of and massacre across southern Israel on Oct. 7, 2023, to deepen divisions within American society.
It portrayed anti-Israel protesters as calm and peaceful defenders of free expression, while depicting pro-Israel demonstrators as violent.
“Posts on heavily censored social media in China were even more blatant, and at times antisemitic, claiming that Israel controls the United States and drawing comparisons between Israel and Nazi Germany,” the report says.
“Some referred to Israel as a ‘terrorist organization,’ while describing Hamas as a resistance organization and spreading unfounded conspiracy theories,” it continues.
In the past, the US State Department has accused China of promoting conspiracy theories and antisemitism within the United States.
China also carries out covert influence campaigns through targeted cyber operations, aimed in part at shaping Israel’s image in the United States and undermining US-Israel relations.
According to the study, China-linked cyber campaigns have used troll networks to spread malicious content about Israel, disseminating antisemitic messages to American audiences that falsely claim Jewish and Israeli control over US politics.
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US Lawmakers Slam Zohran Mamdani Over Pledge to Scrap IHRA Definition of Antisemitism

Candidate Zohran Mamdani speaks during a Democratic New York City mayoral primary debate, June 4, 2025, in New York, US. Photo: Yuki Iwamura/Pool via REUTERS
Two members of the US Congress on Wednesday slammed New York City Democratic mayoral nominee Zohran Mamdani after he pledged to abandon a widely used definition of antisemitism if elected.
Reps. Mike Lawler, a Republican from New York, and Josh Gottheimer, a Democrat from New Jersey, said in a joint statement that Mamdani’s plan to scrap the International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism is “dangerous” and “shameful.” The IHRA definition — adopted by dozens of US states, dozens of countries, and hundreds of governing institutions, including the European Union and United Nations — has been a cornerstone of global efforts to monitor and combat antisemitic hate.
“Walking away from IHRA is not just reckless — it undermines the fight against antisemitism at a time when hate crimes are spiking,” Lawler said in his own statement. Gottheimer echoed that concern, arguing that dismantling the definition “sends exactly the wrong message to Jewish communities who feel under siege.”
The backlash followed Mamdani’s comments last week to Bloomberg News in which he vowed, if elected, to reverse New York City Mayor Eric Adams’ executive order in June adopting the IHRA standard. Mamdani, a democratic socialist and state assemblymember, argued that the IHRA definition blurs the line between antisemitism and political criticism of Israel and risks chilling free speech.
“I am someone who has supported and support BDS [the boycott, divestment, and sanctions movement against Israel] and nonviolent approaches to address Israeli state violence,” he said at the time.
The BDS movement seeks to isolate Israel from the international community as a step toward its eventual elimination. Leaders of the movement have repeatedly stated their goal is to destroy the world’s only Jewish state.
“Let’s be extremely clear: the BDS movement is antisemitic. Efforts to delegitimize Israel’s right to exist are antisemitic. And refusing to outright condemn the violent call to ‘globalize the intifada’ — offering only that you’d discourage its use — is indefensible,” Lawler and Gottheimer said in their joint statement, referring to Mamdani’s recent partial backtracking after his initial defense of the use of the phrase “globalize the intifada.”
“There are no two sides about the meaning of this slogan — it is hate speech, plain and simple,” the lawmakers continued. “Given the sharp spike in antisemitic violence, families across the Tri-State area should be alarmed. Leaders cannot equivocate when it comes to standing against antisemitism and the incitement of violence against Jews.”
IHRA — an intergovernmental organization comprising dozens of countries including the US and Israel — adopted the “working definition” of antisemitism in 2016. Since then, the definition has been widely accepted by Jewish groups and lawmakers across the political spectrum.
According to the definition, antisemitism “is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.” It provides 11 specific, contemporary examples of antisemitism in public life, the media, schools, the workplace, and in the religious sphere. Beyond classic antisemitic behavior associated with the likes of the medieval period and Nazi Germany, the examples include denial of the Holocaust and newer forms of antisemitism targeting Israel such as demonizing the Jewish state, denying its right to exist, and holding it to standards not expected of any other democratic state.
In a statement, the Mamdani campaign confirmed that the candidate would not use the IHRA definition of antisemitism, which major civil rights groups have said is essential for fighting an epidemic of anti-Jewish hatred sweeping across the US.
“A Mamdani administration will approach antisemitism in line with the Biden administration’s National Strategy to Counter Antisemitism — a strategy that emphasizes education, community engagement, and accountability to reverse the normalization of antisemitism and promote open dialogue,” Mamdani spokesperson Dora Pekec told the New York Post.
Lawler and Gottheimer’s pushback comes as Congress debates the Antisemitism Awareness Act, legislation that would codify IHRA’s definition into federal law. Advocacy groups such as the Anti-Defamation League (ADL) have urged lawmakers to back the measure, warning that antisemitic incidents have surged nationwide over the past two years and having a clear definition will better enable law enforcement and others to combat it.
For Mamdani, the controversy over the IHRA definition adds a new flashpoint to a mayoral campaign already drawing national attention.
A little-known politician before this year’s Democratic primary campaign, Mamdani is an outspoken supporter of the BDS movement. He has also repeatedly refused to recognize Israel’s right to exist as a Jewish state, falsely suggesting the country does not offer “equal rights” for all its citizens, and promised to arrest Israeli Prime Minister Benjamin Netanyahu if he visits New York.
Mamdani especially came under fire during the summer when he initially defended the phrase “globalize the intifada”— which references previous periods of sustained Palestinian terrorism against Jews and Israels and has been widely interpreted as a call to expand political violence — by invoking the Warsaw Ghetto Uprising during World War II. However, Mamdani has since backpedaled on his support for the phrase, saying that he would discourage his supporters from using the slogan.