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How the International Law Cases Against Israel Could Truly Cripple the IDF
International Criminal Court Prosecutor Karim Khan speaks during an interview with Reuters in The Hague, Netherlands, Feb. 12, 2024. Photo: REUTERS/Piroschka van de Wouw
Due to the sheer volume of recent news stories concerning Israel, you may have missed two mostly unnoticed but important developments regarding Israel in the world of international law.
In the International Court of Justice (ICJ), South Africa has been suing Israel for genocide. I’ve been saying for months that South Africa does not have a case, but that the lawsuit is nonetheless dangerous because South Africa’s goal is not to win. Instead, its goal is to achieve an “emergency injunction” that would stop Israel’s campaign against Hamas, effectively handing the terror organization a victory.
Such an injunction would not require actually proving the claims against Israel, and so the emergency injunction has always been South Africa’s (and Hamas’) best chance of effectively defeating the IDF.
South Africa has made two unsuccessful attempts to obtain emergency orders, and is now coming up against an October 28 deadline to, at long last, submit their actual evidence of “genocide.”
Last week, South Africa petitioned the ICJ for an extension of several months, apparently because (unsurprisingly) they have not succeeded in finding such evidence.
While this is a small vindication, it is by no means the end of the story. Ihe ICJ is only nominally a “court,” but in reality, functions as a political body. The ICJ’s current President is Nawaf Salam of Lebanon, which is effectively controlled by the Iranian backed Hezbollah terror organization and is actively at war with Israel. The ICJ judges include representatives from countries that have recently demonstrated strongly anti-Israel agendas, such as China and Brazil, as well as South Africa — the very country that’s suing Israel. Even the US delegate to the court has voted consistently against Israel in recent decisions.
In fact the only judge who has stood both firmly and eloquently in favor of Israel is the court’s Vice President, Julia Sebutinde of Uganda.
So while logic dictates that South Africa should not be able to win a lawsuit without evidence, politics has no such limitations. Israel has been petitioning the United States Congress for support in pressuring the ICJ to drop their case, and so has my organization.
An entirely separate international body is the International Criminal Court (ICC), in which prosecutor Karim Khan has petitioned the court to issue arrest warrants against Israeli Prime Minister Netanyahu, Defense Minister Yoav Gallant, as well as several Hamas leaders (two of whom are now dead).
The court has been deliberating the request since May, and last week, Khan issued a new request that the court issue the arrest warrants “urgently.”
It is not clear why such arrest warrants are now more urgent than before, yet some Israeli sources are concerned that the ICC may be sympathetic to the prosecutor’s request anyway. There is some speculation that this “urgency” may be designed to preempt Benjamin Netanyahu’s speech to the UN General Assembly later this month.
Much like the emergency orders in the ICJ, these ICC arrest warrants do not actually require proof. Instead, the prosecutor needs to provide only minimal evidence that his claims are reasonably possible, and he gets to do so “ex parte” — which means alone and without Israel having the opportunity to respond.
Like the ICJ, the ICC is also primarily a political body in the guise of a “court,” and therefore, sufficiently dramatic claims against Israel, especially when presented “ex parte” and with the right political pressure, may be adequate to persuade the judges.
Why does all of this matter? Here’s just one example: since the election of the Labor government, the UK has removed its objection to the ICC proceedings, and this month suspended the shipment of certain military items to Israel, in what amounts to essentially a “soft embargo.” The items in question include important parts for military equipment, such as the F-35 fighter jet, which wear out quickly and need constant replacement. Such parts are manufactured in only a few factories in the entire world and cannot be easily replaced.
Why doesn’t Israel make the parts itself? The factories are so specialized that even if Israel started building one today, it would take years and billions of dollars before production could even begin. Even “Israeli” inventions, such as the Merkava tank, make use of these specialized parts from foreign sources. In short, for the foreseeable future Israel depends on foreign resources to keep the IDF working.
If a relevant international body such as the ICJ were to make a ruling against Israel, instead of seeing a “soft embargo” of some military equipment by some countries, we might see official worldwide embargoes encompassing all equipment.
In as little as several months, as equipment begins to fail, the IDF could run out of working jets, helicopters, tanks, and all of the other tools necessary for the IDF to function as an actual army. Israel would become defenseless, not only against even a weakened Hamas, but also against Iran and all of its various proxies.
This reality relates to may other issues. For example, in the recent debate over whether Israel should abandon the Philadelphi corridor as part of a hostage deal, some IDF generals claim that Israel can simply retake it “at any time.” Yet when IDF generals speak about Israel’s capabilities, they usually refer only to military tactics and strategy, and often overlook the geopolitical forces that could strip the IDF of its capacity to function.
If Israel were to enter an internationally binding agreement (for example over Philadelphi) and then violate it, these kind of embargoes are just one possible consequence.
For this reason, we are keeping a close eye on activities at the ICC, the ICJ, the United Nations, the US Congress, and all the various bodies that have significant influence over Israel’s long term safety, and are actively involved in petitioning those bodies as well.
Daniel Pomerantz is the CEO of RealityCheck, an organization dedicated to deepening public conversation through robust research studies and public speaking.
The post How the International Law Cases Against Israel Could Truly Cripple the IDF first appeared on Algemeiner.com.
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Al Jazeera Hit With Defamation Lawsuit by Syrian Jewish Ex-Refugee
The Al Jazeera Media Network logo is seen on its headquarters building in Doha, Qatar, June 8, 2017. Photo: REUTERS/Naseem Zeitoon
A defamation lawsuit was filed against the Qatar-based Al Jazeera media network on Wednesday by Abraham Hamra, a Syrian pro-Israel advocate and lawyer.
According to the lawsuit, which was filed in the US District Court for the Eastern District of New York, Hamra “is a Jewish refugee from Syria, born in Damascus. He fled Syria with his parents and siblings in 1994 at the age of eight, following the partial lifting of restrictions on Jewish emigration by the Syrian regime under President Hafez al-Assad in 1992.”
The Algemeiner obtained a copy of the complaint, which explains that, on Aug. 25, Al Jazeera posted a video claiming that Hamra was paid by the Israeli government to visit an aid site of the Gaza Humanitarian Foundation (GHF), an Israel- and US-backed program that delivers aid directly to Palestinians, operating independently from UN-backed mechanisms.
“This accusation is false in its entirety. Plaintiff has never received any payment, compensation, or financial incentive from the Israeli government or any affiliated entity for visiting aid sites in Gaza,” the lawsuit claims.
“The visit by Plaintiff related to Israel and Gaza was undertaken independently, in his personal capacity, on his own dime, as an advocate for his community and to bear witness against misinformation,” the suit continues.
The UN and critics of Israel have expressed concerns that the GHF’s approach forces civilians to risk their safety by traveling long distances across active conflict zones to reach one of its four food distribution points, at times creating chaotic scenes where Israeli forces have used gunfire to control the crowd.
However, supporters of the GHF argue that it bypasses the Palestinian terrorist group Hamas, which often steals humanitarian supplies for its own purposes and sells the rest at inflated prices. The GHF has called on the UN to publicly condemn the killing of aid workers in Gaza and to collaborate in order to provide relief to the enclave’s population, accusing the UN of perpetuating a “vast disinformation campaign” aimed at tarnishing the foundation’s image.
The lawsuit notes that the social media post from Al Jazeera, which included the image of Hamra, “cites no sources for the ‘reportedly paid’ claim, and publicly available information about Plaintiff, including his professional bio, social media posts, and known activities, demonstrates he is an independent US attorney with no financial ties to foreign governments.”
Al Jazeera also “failed to conduct even basic fact-checking, such as contacting Plaintiff for comment or verifying the allegation, despite their status as a major media network with resources to do so,” according to the lawsuit.
Al Jazeera did not respond to a request for comment from The Algemeiner.
The lawsuit argues why the allegedly false claim rises to the level of libel, saying it “constitutes libel per se under New York law because it accuses Plaintiff of committing a serious crime, namely, violating FARA [the Foreign Agents Registration Act] by acting as an unregistered foreign agent for Israel, and tends to injure him in his profession as a lawyer.”
“FARA requires individuals acting as agents of foreign principals to register with the US Department of Justice, and failure to do so is a federal offense punishable by fines and imprisonment,” the suit says. “By falsely alleging Plaintiff was paid by a foreign government to promote its interests, the statement implies criminal conduct and undermines his professional integrity.”
Consequently, Hamra is seeking payment for damages of at least $1,00,000 and requesting a trial by jury.
Read the lawsuit here: Hamra v Al Jazeera ECF No. 1 Complaint
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US Lawmakers Launch Investigation Into Wikipedia Over Claims of Systemic Anti-Israel Bias
US Rep. Nancy Mace (R-SC). Photo: Reuters
The US House Committee on Oversight and Government Reform has opened an investigation into the nonprofit that operates the Wikipedia website, demanding answers over concerns that hostile foreign actors are exploiting the popular online encyclopedia to spread anti-Israel propaganda and antisemitic narratives.
Republican Reps James Comer (KY), who chairs the committee, and Nancy Mace (SC), who chairs the panel’s subcommittee on cybersecurity, information technology, and government innovation, on Wednesday sent a letter to Maryana Iskander, chief executive of the Wikimedia Foundation, asking the nonprofit to turn over records showing how the platform polices disinformation campaigns that target articles related to Israel and the Middle East.
The lawmakers cited studies showing that pro-Russia networks and other state-backed operations have sought to manipulate Wikipedia entries on conflicts involving Israel, often by inserting anti-Israel or antisemitic framing designed to sway Western audiences. The Anti-Defamation League (ADL), for example, published a report earlier this year arguing that “malicious” Wikipedia editors have inserted anti-Israel bias onto the site, oftentimes violating the organization’s neutrality policies in the process.
Meanwhile, a report from the Atlantic Council’s Digital Forensic Research Lab found evidence of Russian-linked attempts to shape narratives used to train AI chatbots by twisting information about Israel.
“The Committee on Oversight and Government Reform is investigating the efforts of foreign operations and individuals at academic institutions subsidized by US taxpayer dollars to influence US public opinion,” Comer and Mace wrote. They emphasized the importance of stopping organized attempts to “inject bias into important and sensitive topics.”
Specifically, the committee is demanding records on possible coordination by nation-states or academic institutions to influence Wikipedia pages, internal arbitration files documenting how the site has handled editor misconduct, identifying data for accounts flagged for suspicious activity, and any analysis showing patterns of manipulation tied to antisemitism or the Israeli-Palestinian conflict. The letter also requests details of Wikipedia’s editorial policies to ensure neutrality and prevent the spread of bias.
Although the committee acknowledged that most online platforms face disinformation threats, the letter stressed that Wikipedia’s outsized influence as one of the most visited websites in the world and a key training source for artificial intelligence systems makes it especially important to prevent anti-Israel narratives from taking root unchecked.
The Wikimedia Foundation has previously stated that it takes action against volunteer editors who violate neutrality rules, but lawmakers say further transparency is needed to guarantee accountability.
However, a detailed investigation by Pirate Wires in October 2024 revealed that a powerful group of roughly 40 Wikipedia editors coordinated to “delegitimize Israel, present radical Islamist groups in a favorable light, and reshape the narrative around Israel with alarming influence,” particularly after the Hamas-led Oct. 7, 2023, massacre across southern Israel. Notably, one editor removed mention of Hamas’s 1988 charter, which calls for the killing of Jews and the destruction of Israel, from the Hamas article just six weeks after the attack. The group also reportedly sought to suppress documented human-rights abuses by Iran, and a related effort by a Discord-based collective known as “Tech For Palestine” coordinated mass editing of articles related to the Israeli-Palestinian conflict.
According to a report by the Jewish Journal, Wikipedia’s arbitration committee (ArbCom) permanently banned two editors outright for engaging in off-platform coordination tied to the “Tech for Palestine” Discord campaign, citing violations of policies. Additionally, the committee imposed indefinite topic bans on eight editors in the Israeli-Palestinian area for disruptive behavior such as non-neutral editing, personal insults, and misrepresentation of sources. In December 2024, ArbCom permanently banned two anti-Israel editors and placed restrictions on three others for violation of site policies in the Israeli-Palestinian topic area.
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Tunisian Brothers to Face Trial for Cutting Down Olive Tree Honoring Murdered Jew Ilan Halimi in France
A crowd gathers at the Jardin Ilan Halimi in Paris on Feb. 14, 2021, to commemorate the 15th anniversary of Halimi’s kidnapping and murder. Photo: Reuters/Xose Bouzas/Hans Lucas
Two Tunisian twin brothers have been arrested in France after allegedly cutting down an olive tree that had been planted to honor Ilan Halimi, a young French Jewish man tortured to death nearly a decade ago.
According to the Bobigny prosecutor’s office, two 19-year-old undocumented men with prior convictions for theft and violence were arrested for vandalizing Halimi’s memorial in the northern Paris suburb of Épinay-sur-Seine.
Both brothers appeared in criminal court on Wednesday and were remanded in custody pending their trial, scheduled for Oct. 22.
They will face trial on charges of “aggravated destruction of property” and “desecration of a monument dedicated to the memory of the dead on the basis of race, ethnicity, nationality, or religion,” offenses that, according to prosecutors, carry a sentence of up to two years in prison.
Both suspects were taken into custody around noon on Monday while returning to the crime scene, French media reported.
Investigators tracked them down after discovering two slices of watermelon left by the perpetrators at the base of the olive tree, which contained their DNA.
Halimi was abducted, held captive, and tortured in January 2006 by a gang of about 20 people in a low-income housing estate in the Paris suburb of Bagneux.
Three weeks later, Halimi was found in Essonne, south of Paris, naked, gagged, and handcuffed, with clear signs of torture and burns. The 23-year-old died on the way to the hospital.
In 2011, an olive tree was planted in Halimi’s memory. Earlier this month, the memorial was found felled — probably with a chainsaw — in the northern Paris suburb of Epinay-sur-Seine.
Halimi’s memory has faced attacks before, with two other trees planted in his honor vandalized in 2019 in Essonne, where he was found dying near a railway track.
Hervé Chevreau, the mayor of Épinay, announced that a new memorial tree will be planted in the second half of September.
After the attack, French President Emmanuel Macron condemned the incident, vowing that the perpetrators would be brought to justice.
“Felling the tree in honor of Ilan Halimi is a second attempt on his life,” the French leader said in a post on X.
Halimi’s sister, Anne-Laure Abitbol, also condemned the incident, warning that public denunciations are no longer enough and calling for concrete action.
“In France, we are no longer safe, neither alive nor dead,” Abitbol told RTL in an interview.
“I feel less safe in France,” she said. “By recognizing a Palestinian state, Macron is encouraging antisemitism and failing to take action against antisemitic attacks in the country.”
Last month, Macron announced that France will recognize a Palestinian state at the United Nations General Assembly in September as part of its “commitment to a just and lasting peace in the Middle East.”
Israeli officials have criticized the move, which was followed by several other Western countries, calling it a “reward for terrorism.”
France’s Jewish community has faced a troubling surge in antisemitic incidents and anti-Israel sentiment since the Hamas-led invasion of and massacre across southern Israel on Oct. 7, 2023.
Jewish leaders have consistently called on authorities to take swift action against the rising wave of targeted attacks and anti-Jewish hate crimes they continue to face.
According to the French Interior Ministry, 646 antisemitic incidents were recorded from January to June this year — a drop from the previous year’s first-half record high but a 112.5 percent increase compared with the same period in 2023, when 304 incidents were reported.