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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.
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Israel for First Time Claims Responsibility for Killing of Hamas Leader Ismail Haniyeh in Tehran
Iranians attend the funeral procession of assassinated Hamas chief Ismail Haniyeh in Tehran, Iran, Aug. 1, 2024. Photo: Majid Asgaripour/WANA (West Asia News Agency) via REUTERS
Israeli Defense Minister Israel Katz on Monday acknowledged for the first time that Israel killed Hamas chief Ismail Haniyeh in Tehran in July.
“These days, when the Houthi terrorist organization is firing missiles at Israel, I want to convey a clear message to them at the beginning of my remarks: We have defeated Hamas, we have defeated Hezbollah, we have blinded Iran’s defense systems and damaged the production systems, we have toppled the Assad regime in Syria, we have dealt a severe blow to the axis of evil, and we will also deal a severe blow to the Houthi terrorist organization in Yemen, which remains the last to stand,” Katz said during an event honoring defense ministry personnel.
Israel will “damage their strategic infrastructure, and we will behead their leaders. Just as we did to Haniyeh, [Hamas leader Yahya] Sinwar, and [Hezbollah leader Hassan] Nasrallah in Tehran, Gaza, and Lebanon [respectively] — we will do it in Hodeidah and Sana’a,” Katz continued. “Whoever raises a hand against Israel will have their hand cut off, and the long arm of the IDF [Israel Defense Forces] will strike them and settle the score.”
Hamas, Hezbollah, and the Houthis are all internationally designated terrorist organizations backed by Iran. Katz’s comments came after the Houthi rebels in Yemen fired a ballistic missile at Tel Aviv over the weekend. The Houthis have also been attacking commercial shipping in the Red Sea for more than a year, saying they are acting in solidarity with the Palestinians in Gaza and will prevent all ships from heading to Israeli ports.
Haniyeh, the exiled political chief of Hamas, was killed in an explosion in Iran’s capital city on July 31. Iran had accused Israel of carrying out the assassination and vowed revenge; however, for months the Israeli government had neither confirmed nor denied responsibility for Haniyeh’s death.
Haniyeh was based in Qatar and had been the face of Hamas’s during the Israel-Hamas war, which the Palestinian terroris group launched with its invasion of and massacre across southern Israel last Oct. 7.
Following Haniyeh’s death, Sinwar was named the terrorist group’s overall leader after being its top official in Gaza. Sinwar, who masterminded the Oct. 7 attacks on Israel, was killed by Israeli forces in Gaza in October.
The post Israel for First Time Claims Responsibility for Killing of Hamas Leader Ismail Haniyeh in Tehran first appeared on Algemeiner.com.
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‘Should Scare Every American’: Top Trump Adviser Mike Waltz Explains Dangers of Iran Getting Nuclear Weapons
US Rep. Mike Waltz (R-FL) speaks on Day 1 of the Republican National Convention (RNC) at the Fiserv Forum in Milwaukee, Wisconsin, US, July 15, 2024. Photo: REUTERS/Mike Segar
US Rep. Mike Waltz (R-FL), who was recently tapped to serve as the White House national security adviser for the incoming Trump administration, outlined in a new interview why Iran’s nuclear program could pose a major threat to the United States and must be stopped.
During an interview with Daily Wire co-founder and conservative podcast host Ben Shapiro, Waltz said that his constituents often do not understand how Iran’s nuclear ambitions impact American interests. The lawmaker explained that Iran obtaining nuclear weapons could kick-start an arms race and geopolitical firestorm in the Middle East, potentially forcing the US to become more involved in the region militarily.
“No. 1, if Iran gets a nuke, the Saudis are going to want a nuke, the Turks are going to want a nuke, and the Middle East exploding, not literally but figuratively, in a nuclear arms race should scare every American,” Waltz said.
Though Waltz conceded that nuclear proliferation in the Middle East would not necessarily result in “World War III,” he asserted that it would be “catastrophic for the world.”
The lawmaker added that a nuclear-armed Iran would endanger Israel, which he described as America’s “critical ally, morally and historically and geopolitically,” and that the US should take threats by Iranian leadership to eliminate Israel seriously.
“We should believe [Iran’s so-called ‘supreme leader,’ Ayatollah Ali Khamenei] who intends to wipe Israel off the face of the earth if they have nukes,” Waltz said.
Waltz also praised Israeli Prime Minister Benjamin Netanyahu for “exposing Iran’s air defenses so that they literally are naked right now and on their back foot.” He appeared to be referring to Israel’s precision airstrikes on Iranian military and air defense sites in October which devastated the regime’s air-defense system and ballistic missile program. The strikes were in response to Iran’s ballistic missile barrage against Israel weeks earlier.
Waltz went on to say that the incoming Trump administration plans on “hitting” Iran’s finances throughout the Middle East and stopping the flow of money “out of Tehran into Beirut and into [Iran’s] proxies in Syria.”
Iran has supported several terrorist proxies throughout the Middle East, including Hamas in Gaza and Hezbollah in Lebanon — both of which have been devastated by Israeli military operations in recent months. The Iranian regime also backed the recently ousted Assad regime in Syria, where Israel launched limited operations to ensure security at its northeastern amid uncertainty about Syria’s future.
“I hope that all of this has Hamas so isolated. They really thought the cavalry was coming from the north with Hezbollah. Now, that has been shown not to be true; Hamas has every exit blocked except one, and that is to release our hostages if you want to live,” Waltz said.
Harsh US sanctions levied on Iran under the Trump administration from 2017-2021 crippled the Iranian economy and led its foreign exchange reserves to plummet. US President-elect Donald Trump and his Republican supporters in the US Congress have criticized the Biden administration for renewing billions of dollars in US sanctions waivers, which had the effect of unlocking frozen funds and allowing the country to access previously inaccessible hard currency.
US intelligence agencies have for years labeled Iran as the world’s foremost state sponsor of terrorism, noting it devotes significant sums of money and weapons each year to supporting proxies across the Middle East such as Hamas and Hezbollah.
The post ‘Should Scare Every American’: Top Trump Adviser Mike Waltz Explains Dangers of Iran Getting Nuclear Weapons first appeared on Algemeiner.com.
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US Far-Left Lawmakers Call for End of Probe Into Spain for Barring Ships Bringing Arms to Israel
US Rep. Rashida Tlaib (D-MI) addresses attendees as she takes part in a protest calling for a ceasefire in Gaza outside the US Capitol, in Washington, DC, US, Oct. 18, 2023. Photo: REUTERS/Leah Millis
A cohort of American progressive lawmakers has called for the US Federal Maritime Commission (FMC) to drop its investigation into Spain for reportedly denying port entry to cargo vessels transporting US weapons to Israel.
Democratic Reps. Rashida Tlaib (MI), Cori Bush (MO) and Summer Lee (PA) on Friday sent a letter to the FMC, expressing “deep concern” over its recently announced investigation into Spain’s decision to “deny port entry to ships carrying weapons bound for the Israeli government.” The three congresswomen lauded Spain for enacting an arms embargo against Israel, citing what they called the “ongoing genocide” of Palestinians in Gaza, where Israel has been fighting Hamas since the terrorist group invaded the Jewish state on Oct. 7, 2023.
“This investigation is a reckless insult to our allies in Spain, which has only sought to enforce in good faith its sovereign national policies and uphold international law, including its treaty obligations to prevent genocide,” the congresswomen wrote.
The lawmakers then lambasted the US for “violating these same obligations and its own domestic laws” by continuing to support Israeli “human rights abuses, war crimes, and credible evidence of genocide. Tlaib, Bush, and Lee did not mention Israel’s efforts to avoid civilian casualties or Hamas’s strategy of using civilian sites for terrorist operations. However, they nonetheless argued that Washington should join Madrid in punishing Jerusalem for its military campaign in Hamas-ruled Gaza.
The FMC, an independent agency of the US government, said it opened its probe into Spain earlier this month after receiving information that the NATO ally had refused to allow at least three cargo vessels — two of which were US-flagged — into its ports.
“The commission is concerned that this apparent policy of denying entry to certain vessels will create conditions unfavorable to shipping in the foreign trade,” the FMC said in a notice published in the Federal Register, official journal of the US federal government, on Dec. 5.
Two of the three incidents noted by the commission involved vessels run by the Danish shipping giant Maersk in November. The other occurred in May, when Spanish officials said they refused permission for the Danish Marianne Danica ship because it was “carrying weapons to Israel” and added they will not allow ships carrying arms for Israel to stop at its ports moving forward.
“Reports that the Government of Spain has denied access to certain US-flagged vessels raise serious concerns. Section 19 of the Merchant Marine Act, 1920, 46 U.S.C. § 42101, authorizes the commission to identify and offset unfavorable shipping conditions in U.S. foreign trade that result from the laws or regulations of a foreign government,” FMC commissioner Louis Sola said in a statement last Thursday. “If confirmed, Spain’s actions could constitute a violation of the law, and could result in substantial offsetting fines on Spanish-flag vessels, limitations on cargo carried between Spain and the United States, and other remedial actions within the commission’s discretion.”
Spain could be fined up to $2.3 million per voyage if the country is found to have interfered with commerce in such a way.
“Disruptions to international trade systems not only threaten global shipping networks, but also compromise the consumer markets they support,” Sola added. “Spain’s uniliteral restrictions on US-flagged vessels could raise questions about the core principles of non-discriminatory practices.”
Spain has been one of Europe’s fiercest critics of Israel following Hamas’s Oct. 7 massacre across southern Israel, amid the ensuing war in Gaza.
In October, Spanish Prime Minister Pedro Sanchez urged other members of the European Union to suspend the bloc’s free trade agreement with Israel over its military campaigns against Hamas in Gaza and the terrorist organization Hezbollah in Lebanon.
Sanchez’s demand came three days after the Spanish premier urged other countries to stop supplying weapons to the Jewish state.
Spain stopped its own defense companies from shipping arms to Israel in October 2023.
In May, Spain officially recognized a Palestinian state, claiming the move was accelerated by the Israel-Hamas war and would help foster a two-state solution to the Israeli-Palestinian conflict. Israeli officials described the decision as a “reward for terrorism.”
Spain, like many other countries around the world, experienced a surge in antisemitic incidents targeting the Jewish community following Hamas’s Oct. 7 massacre.
Meanwhile, US lawmakers Tlaib, Bush, and Lee have been among the most outspoken opponents of Israel in the US Congress, falsely accusing the Jewish state of “genocide” and pushing Jerusalem to accept a ceasefire just weeks after the Hamas atrocities of last Oct. 7.
The post US Far-Left Lawmakers Call for End of Probe Into Spain for Barring Ships Bringing Arms to Israel first appeared on Algemeiner.com.
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