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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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US Clamps Sanctions on Israel-bashing UN Rights Monitor Albanese
Francesca Albanese, UN special rapporteur on human rights in the Palestinian territories, attends a side event during the Human Rights Council at the United Nations in Geneva, Switzerland, March 26, 2024. Photo: REUTERS/Denis Balibouse
The Trump administration has imposed sweeping sanctions against Francesca Albanese, the United Nations Special Rapporteur for the Occupied Palestinian Territories, citing the UN official’s lengthy record of singling out Israel for condemnation.
In a post on X, US Secretary of State Marco Rubio announced the sanctions under a February executive order targeting those who “prompt International Criminal Court (ICC) action against U.S. and Israeli officials, companies, and executives.” He accused Albanese of waging “political and economic warfare” against both nations and asserted that “such efforts will no longer be tolerated.”
“Today I am imposing sanctions on UN Human Rights Council Special Rapporteur Francesca Albanese for her illegitimate and shameful efforts to prompt [International Criminal Court] action against U.S. and Israeli officials, companies, and executives,” Rubio announced on X/Twitter.
“Albanese’s campaign of political and economic warfare against the United States and Israel will no longer be tolerated,” declared the Trump administration’s top foreign affairs official. “We will always stand by our partners in their right to self-defense.”
Rubio concluded: “The United States will continue to take whatever actions we deem necessary to respond to lawfare and protect our sovereignty and that of our allies.”
The decision to impose sanctions on Albanese marks an escalation in the ongoing feud between the White House and the United Nations over Israel. The Trump administration has repeatedly accused the UN and Albanese of unfairly targeting Israel and mischaracterizing the Jewish state’s conduct in Gaza.
Albanese, an Italian lawyer and academic, has held the position of UN special rapporteur on human rights in the Palestinian territories since 2022. The position authorizes her to monitor and report on alleged “human rights violations” by Israel against Palestinians in the West Bank and Gaza.
Last week, Albanese issued a scathing report accusing companies of helping Israel maintain a so-called “genocide economy.” She called on the companies to cut off economic ties with Israel and warned that they might be guilty of “complicity” in the so-called “genocide” in Gaza.
Critics of Albanese have long accused her of exhibiting an excessive anti-Israel bias, calling into question her fairness and neutrality.
Albanese has an extensive history of using her role at the UN to denigrate Israel and seemingly rationalize Hamas’ attacks on the Jewish state.
In the months following the Palestinian terrorist group’s atrocities across southern Israel on Oct. 7, 2023, Albanese accused the Jewish state of perpetrating a “genocide” against the Palestinian people in revenge for the attacks and circulated a widely derided and heavily disputed report alleging that 186,000 people had been killed in the Gaza war as a result of Israeli actions.
The action comes as Israeli Prime Minister Benjamin Netanyahu visits Washington, where he has received a warm reception from the Trump administration. Netanyahu has been meeting with US officials to discuss next steps in the ongoing Gaza military operation.
Gideon Sa’ar, Minister of Foreign Affairs for Israel, commended the Rubio announcement with his own post on X/Twitter, exclaiming: “A clear message. Time for the UN to pay attention!”
The post US Clamps Sanctions on Israel-bashing UN Rights Monitor Albanese first appeared on Algemeiner.com.
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Hardball: Trump Administration Reports Harvard to Accreditor Over Antisemitism Allegations
US President Donald Trump speaks during a Cabinet meeting at the White House in Washington, DC, July 8, 2025. Photo: Kevin Lamarque via Reuters Connect.
The Trump administration escalated its showdown against Harvard University on Wednesday, reporting the institution to its accreditor for alleged civil rights violations resulting from its weak response to reports of antisemitic bullying, discrimination, and harassment following Hamas’ Oct. 7, 2023 massacre across southern Israel.
The US Department of Education (DOE) announced the action on Wednesday. Citing Harvard’s admitted failure to treat antisemitism as seriously as it treated others forms of hatred in the past, the DOE called on the New England Commission of Higher Education to review and, potentially, revoke its accreditation — a designation which qualifies Harvard for federal funding and attests to the quality of the educational services its provides.
“Accrediting bodies play a significant role in preserving academic integrity and a campus culture conducive to truth seeking and learning,” said Secretary of Education Linda McMahon. “Part of that is ensuring students are safe on campus and abiding by federal laws that guarantee educational opportunities to all students. By allowing anti-Semitic harassment and discrimination to persist unchecked on its campus, Harvard University has failed in its obligation to students, educators, and American taxpayers.”
The DOE, McMahon added, “expects the New England Commission of Higher Education to enforce its policies and practices, and to keep the Department fully informed of its efforts to ensure that Harvard is in compliance with federal law and accreditor standards.”
As previously reported by The Algemeiner, Harvard’s Presidential Task Force on Combating Antisemitism has acknowledged that the university administration’s handling of campus antisemitism fell well below its obligations under both Title VI of the Civil Rights Act of 1964 and its own nondiscrimination policies.
In a 300-plus-page report, the task force compiled a comprehensive record of antisemitic incidents on Harvard’s campus in recent years — from the Harvard Palestine Solidarity Committee’s endorsement of the Oct. 7 terrorist atrocities to an anti-Zionist faculty group’s sharing an antisemitic cartoon depicting Jews as murderers of people of color. The report identified Harvard’s past refusal to afford Jews the same protections against discrimination enjoyed by other minority groups as a key source of its problem.
Coming several weeks after President Donald Trump ordered the freeze of $2.26 billion in federal research grants and contracts for Harvard, the task force report found it was “clear” that antisemitism and anti-Israel bias have been fomented, practiced, and tolerated not only at Harvard but also within academia more widely.”
The university is now suing the federal government over the funding halt.
President Trump has spoken scathingly of Harvard, calling it, for example, an “Anti-Semitic, Far Left Institute … with students being accepted from all over the world that want to rip our Country apart” in an April post to his Truth Social platform.
In recent weeks, however, both Trump and McMahon had commended Harvard’s constructive response in negotiations over reforms the administration has asked it to implement as a precondition for restoring federal funds. The requested reforms include hiring more conservative faculty, shuttering diversity, equity, and inclusion [DEI] programs, and slashing the size of administrative offices tangential to the university’s central educational mission.
The administration has since changed its tone in the wake of a report by The Harvard Crimson that interim Harvard President Alan Garber has said “behind closed doors” that he has no intention of doing anything that would make Harvard more palatable to conservatives.
Earlier this month, the Trump administration’s Joint Task Force to Combat Antisemitism issued Harvard a formal “notice of violation” of civil rights law. Charging that Harvard willfully exposed Jewish students to a flood of racist and antisemitic abuse both in and outside of the classroom, it threatened to strip whatever remains of Harvard’s federal funding.
“Failure to institute adequate changes immediately will result in the loss of all federal financial resources and continue to affect Harvard’s relationship with the federal government,” wrote the federal officials comprising the multiagency Task Force. “Harvard may of course continue to operate free of federal privileges, and perhaps such an opportunity will spur a commitment to excellence that will help Harvard thrive once again.”
In Wednesday’s announcement, US Department of Health and Human Services Secretary Robert F. Kennedy Jr. said Harvard’s conduct “forfeits the legitimacy that accreditation is designed to uphold.”
“HHS and Department of Education will actively hold Harvard accountable through sustained oversight until it restores public trust and ensures a campus free of discrimination,” he said.
Follow Dion J. Pierre @DionJPierre.
The post Hardball: Trump Administration Reports Harvard to Accreditor Over Antisemitism Allegations first appeared on Algemeiner.com.
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IDF Strikes Hezbollah Sites in South Lebanon as Terror Group Pushes to Rebuild Amid US Disarmament Talks
IDF operating in southern Lebanon. Photo: IDF Spokesperson
Israeli forces uncovered and destroyed Hezbollah weapons caches in southern Lebanon on Wednesday, as a new report indicated that despite ongoing U.S.-led efforts to secure a disarmament deal, the Iran-backed group is making repeated, largely concealed attempts to rebuild its military presence in the area.
Troops carried out several operations targeting Hezbollah infrastructure in southern Lebanon on Wednesday morning, destroying weapons depots, explosives and multibarrel launchers concealed in forested terrain, the IDF said, in violation of the November ceasefire, which requires Hezbollah to withdraw its forces 20 miles from the Israeli border.
A new report released this week by the Alma Research and Education Center found that Hezbollah is focused on rebuilding in three areas: operational deployment, weapons acquisition, and financial recovery.
“Hezbollah didn’t give up its resistance narrative and motivation,” Alma’s director, Lt. Col. (Res.) Sarit Zehavi, told The Algemeiner.
“It wants to rebuild its capabilities and infrastructures, whether it’s the villages that will be used as human shields or the military infrastructure in South Lebanon and in Lebanon in general.”
According to Zehavi, Hezbollah is attempting to return Radwan fighters to positions south of the Litani River as part of a wider plan to restore its elite forces to operational readiness. The IDF on Monday killed Radwan commander Ali Abd al-Hassan Haidar in a targeted strike. The action came hours after US Special Envoy for Syria Thomas Barrack met with Lebanese President Joseph Aoun, Prime Minister Nawaf Salam and Parliament Speaker Nabih Berri in Beirut to discuss a long-term deal that would include an Israeli withdrawal and complete disarmament of Hezbollah.
Barrack described the Lebanese response to the proposal as positive. Later, he issued a blunt warning to Hezbollah in response to a vow by the terror group’s leader, Naim Qassem, not to lay down its arms. “If they mess with us anywhere in the world, they will have a serious problem with us,” Barrack said in an interview with Lebanese news network LBCI. “They don’t want that.”
Zehavi said it was premature to predict the outcome of the diplomatic efforts. She warned that the challenge of disarming Hezbollah remains enormous and emphasized that the Lebanese Armed Forces have not demonstrated the capability or willingness to confront the group.
“It’s too soon to be optimistic or pessimistic,” she said, noting that no firm commitments have emerged from the Beirut talks.
Hezbollah’s efforts to smuggle and manufacture weapons have been complicated by both Israeli strikes and the regional realignment over recent months. While Israeli strikes have disrupted many supply routes, according to Zehavi, Syrian authorities have intercepted far more Hezbollah-bound weapons than the Lebanese Army, which claims to have uncovered 500 arms caches but has provided no evidence.
The financial front marks the third aspect of Hezbollah’s rebuilding effort. Last week, the group halted cash payments to Shiite civilians whose homes were damaged in the war, citing liquidity problems. Zehavi attributed the shortfall to disruptions in Iran’s funding networks — an outcome of the 12-day war against the regime in Tehran — and said the constraints would likely hamper Hezbollah’s ability to compensate its base and sustain operations.
“I hope they will continue to have problems with the cash flow, that way it will be very difficult for them to recover,” she said.
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