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In a Worst-Case Scenario, the Recent ICJ Legal Ruling Could Threaten the Existence of Israel
Judges, including Sarah Cleveland, arrive at the International Court of Justice (ICJ), during a ruling on South Africa’s request to order a halt to Israel’s Rafah offensive in Gaza, in The Hague, Netherlands, May 24, 2024. Photo: REUTERS/Johanna Geron
Is the Western Wall an “illegal settlement” built on “occupied Palestinian territory”?
Is Israel an “apartheid” state?
Is it possible that terrorism against Israelis simply doesn’t exist at all?
These are some of the extraordinary conclusions that stem from the International Court of Justice (ICJ) advisory opinion last week. (A summary of the opinion can be found here.)
Though much of the ICJ’s analysis flies in the face of international law, logic, and common sense, the body has reached a conclusion and it is not subject to appeal. Therefore, the only relevant question that remains is: what impact will this advisory opinion have, and what will happen next?
The ICJ came to several conclusions in its decision, which I will briefly review.
“Occupation”: The ICJ held that Israeli presence on “Palestinian territory” is an illegal occupation. The Court unilaterally adopted a definition of what constitutes “Palestinian territory,” which includes the eastern part of Jerusalem, that, in turn, includes the entire Old City and its ancient Jewish Quarter, the Western Wall, and the Temple Mount.
This means, in effect, that visiting or praying at the Western Wall would technically constitute a type of war crime, as would living anywhere in the region of Judea and Samaria.
Security Fence: The Court addressed Israel’s “wall” (which is actually a security fence for 95% of its length), declaring it illegal. The court made no mention of the Second Intifada, nor the fact that the fence reduced Israeli deaths from terrorism by 95%, nor that the conditions necessitating such life saving security measures — i.e., official Palestinian support for terrorism — have not changed.
The Oslo Accords: A well-established principle of international law is that mutual agreement of two or more parties supersedes international conventions. Since 1995, Israel’s security measures, settlement activities, humanitarian aid, and physical presence in Judea and Samaria have been performed in strict accordance with the Oslo Accords, by mutual agreement of both Israel and the Palestinian Authority.
The ICJ has ignored or overruled the Oslo Accords so many times, that it effectively dissolved the Accords as a functioning agreement.
Negotiations: The ICJ has effectively required an end to negotiations over peace or co-existence by mandating the results of such negotiations without regard for the input of the parties themselves.
A few notable statistics: In its 80 page opinion, the ICJ used the word “occupation” 121 times, “violating” international law or Palestinian rights 29 times, “apartheid” three times, and alluded to “genocide” twice.
The ICJ did not acknowledge terrorism against Israelis, incitement to terrorism, or the “Martyr’s Fund” (which pays Palestinians to kill Israelis) even once — not even in its passing reference to October 7, which made no mention of the word “terrorism” nor the astonishing death, destruction, and hostage-taking perpetrated upon the Israeli people.
The vote by the ICJ was not unanimous — the vote was either 11-4 or 12-3 on most of the nine issues that were decided.
The Court’s Vice-President, Julie Sebutinde of Uganda, consistently sided with Israel, and wrote an eloquent dissenting opinion which is well worth reading. Judge Sarah Cleveland of the United States (a long-time Biden nominee) voted consistently against Israel.
The President of the Court, who also voted consistently against Israel, is Nawaf Salam of Lebanon — a country controlled by the Iranian-backed terror organization Hezbollah, which is currently at war with Israel.
In order to understand the possible impact of this decision, one must understand the “diplomatic intifada.”
In 2001, the Palestinians and various allies held a UN-sponsored (but ultimately Palestinian-controlled) conference in Durban, South Africa. Misleadingly entitled a conference “against racism,” the Durban conference was riddled with antisemitism, including Nazi symbology and rhetoric, and early examples of the “Israel apartheid” claims.
This conference also marked the inception of the anti-Israel boycott movement (BDS), as well as what later came to be called the Palestinian “diplomatic intifada,” the stated goals of which include isolating Israel and having Israel removed from the United Nations.
Though merely an advisory opinion, this ICJ decision is a meaningful step in a Palestinian campaign that spans 23 years of work, and billions of dollars of investment, aimed at discrediting, isolating and harming the Jewish State.
In a theoretical worst case scenario, the United Nations Security Council could remove Israel from the United Nations entirely, making Israel effectively a rogue state, as well as order Israel to implement the ICJ recommendations, and then impose sanctions if Israel refuses.
These would not be “BDS-style” sanctions, which are largely rhetoric, but instead what are called “Chapter 7 Sanctions” — the kind that one sees in places like North Korea. Not only would such measures plunge Israel’s economy and civilians into utter poverty, but sanctions would also cut off the IDF from necessary resources and resupply. Within months, Israel would become effectively “army-less” and vulnerable to attacks by any number of neighboring enemies.
It is likely (though never 100% certain) that the United States would veto such a resolution. However, short of the “worst case scenario” there are many intermediate scenarios that could result.
For example, individual countries may choose to implement the terms of the ICJ recommendation by cutting off trade with Israel, removing Israel from international events (such as the Olympics or FIFA), or embargoing arms shipments to Israel. In fact, some countries have already implemented such measures. The ICJ opinion would give these measures the legitimacy of international law, making them more widespread and more difficult to combat.
Most critically, a resolution of this nature can impact how voters view Israel in democracies around the world, leading, over time, to decreased support by Israel’s critical allies. We are already seeing signs of this on campuses and in political parties throughout the US and Europe.
This should hardly be surprising.
Israel’s global isolation has been the openly stated goal of the Palestinian Authority for over two decades. While Israel has (understandably) focused its resources on military defense and economic growth, the diplomatic battlefield has been left largely undefended, and the ICJ decision is just the latest result.
Daniel Pomerantz is the CEO of RealityCheck, an organization dedicated to deepening public conversation through robust research studies and public speaking.
The post In a Worst-Case Scenario, the Recent ICJ Legal Ruling Could Threaten the Existence of Israel first appeared on Algemeiner.com.
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Israel to Issue 54,000 Call-Up Notices to Ultra-Orthodox Students
Haredi Jewish men look at the scene of an explosion at a bus stop in Jerusalem, Israel, on Nov. 23, 2022. Photo: Reuters/Ammar Awad
Israel’s military said it would issue 54,000 call-up notices to ultra-Orthodox Jewish seminary students following a Supreme Court ruling mandating their conscription and amid growing pressure from reservists stretched by extended deployments.
The Supreme Court ruling last year overturned a decades-old exemption for ultra-Orthodox students, a policy established when the community comprised a far smaller segment of the population than the 13 percent it represents today.
Military service is compulsory for most Israeli Jews from the age of 18, lasting 24-32 months, with additional reserve duty in subsequent years. Members of Israel’s 21 percent Arab population are mostly exempt, though some do serve.
A statement by the military spokesperson confirmed the orders on Sunday just as local media reported legislative efforts by two ultra-Orthodox parties in Prime Minister Benjamin Netanyahu’s coalition to craft a compromise.
The exemption issue has grown more contentious as Israel’s armed forces in recent years have faced strains from simultaneous engagements with Hamas in Gaza, Hezbollah in Lebanon, Houthis in Yemen, and Iran.
Ultra-Orthodox leaders in Netanyahu’s brittle coalition have voiced concerns that integrating seminary students into military units alongside secular Israelis, including women, could jeopardize their religious identity.
The military statement promised to ensure conditions that respect the ultra-Orthodox way of life and to develop additional programs to support their integration into the military. It said the notices would go out this month.
The post Israel to Issue 54,000 Call-Up Notices to Ultra-Orthodox Students first appeared on Algemeiner.com.
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Influential Far-Right Minister Lashes out at Netanyahu Over Gaza War Policy
Israeli Finance Minister Bezalel Smotrich attends an inauguration event for Israel’s new light rail line for the Tel Aviv metropolitan area, in Petah Tikva, Israel, Aug. 17, 2023. Photo: REUTERS/Amir Cohen
Israel’s far-right Finance Minister Bezalel Smotrich sharply criticized on Sunday a cabinet decision to allow some aid into Gaza as a “grave mistake” that he said would benefit the terrorist group Hamas.
Smotrich also accused Prime Minister Benjamin Netanyahu of failing to ensure that Israel’s military is following government directives in prosecuting the war against Hamas in Gaza. He said he was considering his “next steps” but stopped short of explicitly threatening to quit the coalition.
Smotrich’s comments come a day before Netanyahu is due to hold talks in Washington with President Donald Trump on a US-backed proposal for a 60-day Gaza ceasefire.
“… the cabinet and the Prime Minister made a grave mistake yesterday in approving the entry of aid through a route that also benefits Hamas,” Smotrich said on X, arguing that the aid would ultimately reach the Islamist group and serve as “logistical support for the enemy during wartime”.
The Israeli government has not announced any changes to its aid policy in Gaza. Israeli media reported that the government had voted to allow additional aid to enter northern Gaza.
The prime minister’s office did not immediately respond to a Reuters request for comment. The military declined to comment.
Israel accuses Hamas of stealing aid for its own fighters or to sell to finance its operations, an accusation Hamas denies. Gaza is in the grip of a humanitarian catastrophe, with conditions threatening to push nearly a half a million people into famine within months, according to U.N. estimates.
Israel in May partially lifted a nearly three-month blockade on aid. Two Israeli officials said on June 27 the government had temporarily stopped aid from entering north Gaza.
PRESSURE
Public pressure in Israel is mounting on Netanyahu to secure a permanent ceasefire, a move opposed by some hardline members of his right-wing coalition. An Israeli team left for Qatar on Sunday for talks on a possible Gaza hostage and ceasefire deal.
Smotrich, who in January threatened to withdraw his Religious Zionism party from the government if Israel agreed to a complete end to the war before having achieved its objectives, did not mention the ceasefire in his criticism of Netanyahu.
The right-wing coalition holds a slim parliamentary majority, although some opposition lawmakers have offered to support the government from collapsing if a ceasefire is agreed.
The post Influential Far-Right Minister Lashes out at Netanyahu Over Gaza War Policy first appeared on Algemeiner.com.
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Australia Police Charge Man Over Alleged Arson on Melbourne Synagogue
Australia’s Prime Minister Anthony Albanese speaks to the media during a press conference with New Zealand’s Prime Minister Christopher Luxon at the Australian Parliament House in Canberra, Australia, Aug. 16, 2024. Photo: REUTERS/Tracey Nearmy
Australian police have charged a man in connection with an alleged arson attack on a Melbourne synagogue with worshippers in the building, the latest in a series of incidents targeting the nation’s Jewish community.
There were no injuries to the 20 people inside the East Melbourne Synagogue, who fled from the fire on Friday night. Firefighters extinguished the blaze in the capital of Victoria state.
Australia has experienced several antisemitic incidents since the start of the Israel-Gaza war in October 2023.
Counter-terrorism detectives late on Saturday arrested the 34-year-old resident of Sydney, capital of neighboring New South Wales, charging him with offenses including criminal damage by fire, police said.
“The man allegedly poured a flammable liquid on the front door of the building and set it on fire before fleeing the scene,” police said in a statement.
The suspect, whom the authorities declined to identify, was remanded in custody after his case was heard at Melbourne Magistrates Court on Sunday and no application was made for bail, the Australian Broadcasting Corp reported.
Authorities are investigating whether the synagogue fire was linked to a disturbance on Friday night at an Israeli restaurant in Melbourne, in which one person was arrested for hindering police.
The restaurant was extensively damaged, according to the Executive Council of Australian Jewry, an umbrella group for Australia’s Jews.
It said the fire at the synagogue, one of Melbourne’s oldest, was set as those inside sat down to Sabbath dinner.
Israeli President Isaac Herzog went on X to “condemn outright the vile arson attack targeting Jews in Melbourne’s historic and oldest synagogue on the Sabbath, and on an Israeli restaurant where people had come to enjoy a meal together”.
“This is not the first such attack in Australia in recent months. But it must be the last,” Herzog said.
Israeli Prime Minister Benjamin Netanyahu described the incidents as “severe hate crimes” that he viewed “with utmost gravity.” “The State of Israel will continue to stand alongside the Australian Jewish community,” Netanyahu said on X.
Australian Prime Minister Anthony Albanese late on Saturday described the alleged arson, which comes seven months after another synagogue in Melbourne was targeted by arsonists, as shocking and said those responsible should face the law’s full force.
“My Government will provide all necessary support toward this effort,” Albanese posted on X.
Homes, schools, synagogues and vehicles in Australia have been targeted by antisemitic vandalism and arson. The incidents included a fake plan by organized crime to attack a Sydney synagogue using a caravan of explosives in order to divert police resources, police said in March.
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