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Citing the Holocaust, Israel offers rebuttal to South Africa’s genocide charges at the International Court of Justice

(JTA) — Lawyers for Israel put forth their rebuttal to South Africa’s charge that it was committing genocide in the Gaza Strip, and said the case before the International Court of Justice cheapened a term that was coined to describe the destruction of the Jewish people.

The case made by lawyers for Israel on Friday addressed both prongs of the argument South Africa made the day before, coupling Israel’s methods, which are destroying large swaths of Gaza, with statements by Israeli leaders that South Africa says establish intent to commit genocide.

But Israel also advanced an overarching argument that the court should not abuse a term, genocide, reserved only for the most extreme cases.

“Yes, there is a heart-wrenching armed conflict, but the attempt to classify it as genocide and trigger provisional measures is not just unfounded in law, it has far reaching and negative implications that extend well beyond the case before you,” Gilad Noam, Israel’s deputy attorney general, told the court.

“Ultimately entertaining the applicant’s request would not strengthen the commitment to prevent and punish genocide but weaken it,” he said. “It will turn an instrument adopted by the international community to prevent horrors of the kind that shocked the conscience of humanity during the Holocaust into a weapon in the hands of terrorist groups who have no regard for humanity or for the law.”

The statute under international law allowing for the court’s adjudication of genocide was composed in the wake of the Holocaust.

Tal Becker, a legal adviser to Israel’s Foreign Ministry, noted the term’s origins, coined by Raphael Lemkin, a Polish Jewish lawyer.

Lemkin, Becker said, “helped the world recognize that the existing legal lexicon was simply inadequate to capture the devastating evil that the Nazi Holocaust unleashed.” Now, he said, South Africa was seeking to turn the term inside out.

“The attempt to weaponize the term genocide against Israel in the present context does more than tell the court a grossly distorted story, it does more than empty the word of its unique force and special meaning, it subverts the object and purpose of the [genocide] convention itself,” he said.

Israel has argued that Hamas’ Oct. 7 invasion that launched the war — when terrorists invaded from Gaza and killed 1,200 people, mostly civilians, brutalized thousands more and took more than 240 people hostage — better fits the term “genocide.” Becker noted the presence in the courtroom of families of some of the more than 100 people who remain hostages.

More than 23,000 Palestinians — 1% of the strip’s population — including thousands of children, have been killed since Israel launched counterstrikes, Gaza’s Hamas-run health ministry has said. Israel has said in the past that a third of the dead are combatants.

Friday’s arguments at the court in The Hague are a preliminary stage of the case, which may take years to decide. The next step is for the 15-judge panel to determine whether to order a full or partial halt to the fighting, if it finds the risk of genocide credible. The court cannot enforce such an order, but it could provide a legal predicate for nations to boycott or isolate Israel

A factor driving Israeli outrage at the proceedings — so much so that the country has reversed a longstanding policy of ignoring United Nations-affiliated bodies — has been that a country founded in the ashes of the destruction of its people should face the charge of genocide.

“A terrorist organization carried out the worst crime against the Jewish people since the Holocaust, and now someone comes to defend it in the name of the Holocaust,” Prime Minister Benjamin Netanyahu said earlier this week.

Israel’s lawyers also said the breadth and methods of Israel’s counterattacks did not deviate from the laws of war and instead show that Israel is not intent on killing Palestinians en masse.

Galit Raguan, a legal adviser at Israel’s Justice Ministry, noted the measures Israel had taken to facilitate the entry of assistance into the strip, to warn civilians of impending attacks and to facilitate their evacuation. “The charge of genocide in the face of these extensive efforts is frankly untenable,” she said.

She listed a number of actions Israel has taken, including the allowing in of food and water, and medicines and medical equipment — an accounting that she said was far from comprehensive. She said the list showed that the evidence underlying the genocide charge is”tendentious and partial” and that “the allegation of the intent to commit genocide is baseless.”

She added, “If Israel had such intent would it delay a ground maneuver for weeks, urging civilians to seek safer space and in doing so sacrificing operational advantage?”

Israel’s critics say the country has frustrated the delivery of relief to Gaza Palestinians. Israel blames international aid groups for haplessness and Hamas for stealing the food and equipment. World health agencies say Gaza is on the verge of starvation.

Malcolm Shaw, a British barrister who specializes in human rights and who is leading the Israeli team, referred to quotes by Israeli officials that South Africa said signaled genocidal intent. Shaw said the citations were ripped from context or were made by officials who are not part of the decision-making process.

He noted, for instance, South Africa’s citation of comments by Israel’s minister of heritage, Amichai Eliyahu, who said “there is no such thing as uninvolved civilians in Gaza” and who fantasized about a flattened Gaza as “beautiful” and recommended nuking the strip.

Eliyahu, Shaw noted, “is completely outside the policy and decision making of the war. In any event, his statement was immediately repudiated by members of the war cabinet and other ministers, including the prime minister.” Netanyahu suspended Eliyahu from Cabinet meetings because of his remarks.

Shaw noted that the war was run by a small coterie of officials, and said South Africa ignored multiple statements by those officials upholding the protections of civilians, including Netanyahu and Defense Minister Yoav Gallant.

“The prime minister stated time and again, ‘We must prevent a humanitarian disaster, ‘” Shaw said.


The post Citing the Holocaust, Israel offers rebuttal to South Africa’s genocide charges at the International Court of Justice appeared first on Jewish Telegraphic Agency.

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Trump Hits Israel With 17 Percent Tariffs; Israeli Officials Express Shock, Frustration

US President Donald Trump waves as he walks before departing for Florida from the South Lawn at the White House in Washington, DC, US, March 28, 2025. Photo: REUTERS/Evelyn Hockstein

The United States will impose 17 percent tariffs on goods imported from Israel under a major new trade initiative that US President Donald Trump announced on Wednesday, sending shockwaves throughout the Jewish state as Israeli officials expressed frustration with the decision.

The duty on Israel is part of Trump’s newly unveiled sweeping set of tariffs in which the US will impose a 10 percent baseline tariff on all imports to the US and higher duties on some countries with which it has larger trade deficits. Washington decided on the 17-percent figure for Israel because it is half of the 33 percent tariffs that the White House says the Jewish state has put in place for some American products.

Israel sends over $22 billion worth of commodities to the US annually, including diamonds, medications, and electronic devices. Israeli officials reportedly expect the country’s robust high-tech sector to be spared because they believe the US tariffs will not be applied to services.

However, if the tariffs do apply to the high-tech sector, the implications could be profound.

“If the tariffs apply to software products as well, particularly Software as a Service (SaaS) – the main area of activity for many Israeli high-tech companies – this move could fundamentally alter how Israeli companies approach the American market and even discourage potential investors and customers,” Karin Mayer Rubinstein, CEO of Israel Advanced Technology Industries, told The Jerusalem Post.

“We are all going to feel this in our pockets,” Ron Tomer, president of the Manufacturers Association of Israel, told Israeli radio on Thursday, claiming that the American tariffs against the Jewish state are tantamount to “abandonment by a friend.”

Trump’s announcement came one day after Israel removed all tariffs on US goods. Israeli officials had hoped that dropping the tariffs would prevent the White House from placing its own tariffs on the Jewish state. 

“The removal of tariffs on American goods is another step … to open the market to competition, to diversify the economy, and to lower the cost of living,” Israeli Prime Minister Benjamin Netanyahu said in a joint statement with Economy Minister Nir Barkat and Finance Minister Bezalel Smotrich. 

Jerusalem will reportedly launch efforts to convince the Trump administration to reverse its decision. 

Smotrich said that the finance ministry is still “analyzing” the expected and potential impact of the impending tariffs on the country and will be starting “discussions” with key figures across various Israeli industries. 

Israel and the United States — the Jewish state’s largest trading partner — completed $34 billion in bilateral trade in 2024. Of that, about $22 billion came from exports from Israel to the US.

Trump announced his so-called “Liberation Day” on Wednesday, in which his administration unveiled an expansive slate of tariffs on international trade partners, citing a “lack of reciprocity in our bilateral trade relationships” that is “indicated by large and persistent annual US goods trade deficits.”

Democratic Majority for Israel (DMFI), a US group advocating pro-Israel policies within the Democratic Party, slammed the Trump administration’s decision to levy tariffs against the Jewish state, arguing that the White House has fractured America’s relationship with arguably its closest ally. 

“President Trump made a grave error in slapping a higher tariff on Israel than on Turkey and even Iran, especially given the fact that Israel eliminated all tariffs on American goods,” DMFI President and CEO Mark Mellman said in a statement. 

Mellman argued that White House inadvertently helped the boycott, divestment, and sanctions (BDS) movement (BDS) against Israel advance some of its major goals. 

“The president’s action helps the BDS movement achieve one of its key goals — damaging the US-Israeli economic relationship,” he said. “This action undermines the longstanding and robust economic relationship between the United States and Israel, a relationship that has been built on trust, mutual benefit, and a commitment to free and fair trade.”

The post Trump Hits Israel With 17 Percent Tariffs; Israeli Officials Express Shock, Frustration first appeared on Algemeiner.com.

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‘Patently Falsified’: Hamas Deletes Thousands From Gaza Death List, Including Over 1,000 Children

Palestinian fighters from the armed wing of Hamas take part in a military parade to mark the anniversary of the 2014 war with Israel, near the border in the central Gaza Strip, July 19, 2023. REUTERS/Ibraheem Abu Mustafa

Hamas has quietly removed thousands of names from its official casualty reports in Gaza, prompting fresh scrutiny of the accuracy of the death toll figures that have been widely cited by media and international organizations since the start of the Palestinian terrorist group’s war with Israel.

An analysis, conducted by Salo Aizenberg of the US-based nonprofit Honest Reporting and first reported on by the Telegraph, revealed that 3,400 individuals listed as killed in earlier updates released by the Hamas-run Gaza Ministry of Health in August and October 2024 no longer appear in the March 2025 report. Among those missing from the latest list are 1,080 children.

“Hamas has manipulated the number of fatalities they report since the start of the war, overcounting civilian deaths and concealing combatant losses,” Aizenberg told The Algemeiner.

“I took all the unique deaths and ID numbers from the August and October lists. I combined them. I removed duplicates and then compared it to the March list. And there were 3,400 names that didn’t appear,” he said. “In my mind, the 1,080 children are particularly notable.”

Aizenberg said the systematic inflation of civilian death tolls by Hamas is not a new phenomenon. “They have done this in every round of conflict. For example, in 2009’s Cast Lead, Hamas initially claimed that 1,300 Palestinians died and only about 50 were combatants. Months later Hamas admitted that in fact 600-700 were their fighters,” he said.

The casualty lists compiled by the Gaza Ministry of Health are distributed as downloadable PDFs and include personal details such as names, identification numbers, and dates of death. These lists have been widely cited by international media and relied upon by humanitarian groups and United Nations agencies monitoring the toll of the war. The health ministry is under the control of Hamas, which governs the Gaza Strip.

The discrepancy in figures has raised questions about the continued reliance on these data sets, especially given mounting evidence of inconsistencies. 

“The evidence is now all out there in the public domain,” Andrew Fox, a former British paratrooper who has worked with Aizenberg on data-verification projects in the past, told The Algemeiner. “These Hamas numbers are error-strewn and clearly manipulated.”

Aizenberg built databases by converting the PDF lists into spreadsheets, allowing for comparative analysis across different time points. That process revealed the March 2025 report included significantly fewer names than earlier versions. The findings cast doubt on previously unchallenged casualty estimates.

Hamas has claimed that more than 50,000 people have been killed in Gaza since the war began in October 2023. The Israel Defense Forces (IDF) said it has killed 20,000 Hamas combatants during that time and maintains that it takes extensive precautions to avoid civilian casualties. “The IDF has never, and will never, deliberately target children,” the IDF said in a statement.

According to a December report authored by Fox and published by the Henry Jackson Society, nearly half of those killed in Gaza are combatants, directly contradicting claims that the vast majority of casualties are civilians. The report also pointed to demographic inconsistencies, including the repeated listing of women and children to support allegations of indiscriminate attacks, and the lowering of adult men’s ages to inflate the number of minors reported killed.

“You can’t say it’s a genocide when half the people that have died are combatants who are still fighting,” Fox told The Algemeiner at the time. 

The debate over casualty figures was intensified by a February 2025 article published in the medical journal The Lancet, which estimated that Gaza’s true death toll could be as high as 64,000. That estimate was based on a statistical extrapolation using “capture-recapture” methods applied to a subset of the ministry’s data. The researchers behind the study said they only used what they called “hospital-recorded deaths” from June 2024 and asserted that these records were the most verified.

But Aizenberg said that claim does not hold up to scrutiny. He reviewed the same June dataset used by the Lancet study and found that 881 names in that core group were later removed in the March update. In his view, this undermines the foundation of the statistical model used to estimate excess mortality. 

“They do this very careful statistical analysis, taking three lists and doing capture, recapture from vetted lists of hospital recorded deaths,” Aizenberg said. “And then I took their June list that they used again [in the February report] and I found 881 were also removed from the March list. So even after a really careful study [its] core data sources are not valid.”

Past reports have noted that the casualty forms used to populate the lists could be submitted online by anyone with access to a Google Form, raising concerns about verification protocols. 

Despite these issues, some international entities, including the United Nations, and news outlets have continued to cite the figures from the Gaza Ministry of Health, occasionally with the disclaimer that the numbers could not be independently confirmed.

Fox said such caveats are insufficient and that the deletions from Hamas’s own published records have, in his view, stripped away any plausible justification for continuing to rely on the ministry’s figures. “It is malpractice and deeply irresponsible on the part of any media organization still using them. There is simply no excuse for repeating them as credible,” he said.

The post ‘Patently Falsified’: Hamas Deletes Thousands From Gaza Death List, Including Over 1,000 Children first appeared on Algemeiner.com.

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Most Americans Agree With Deporting Mahmoud Khalil, Foreign Students Who ‘Support’ Terror Groups, Poll Finds

Mahmoud Khalil speaks to members of media about the Revolt for Rafah encampment at Columbia University during the ongoing conflict between Israel and the Palestinian terrorist group Hamas in Gaza, in New York City, US, June 1, 2024. Photo: Jeenah Moon via Reuters Connect

About two-thirds of the American people support the deportation of non-citizen students, such as Mahmoud Khalil, who indicate support for internationally recognized terrorist groups, according to a new Harvard CAPS/Harris poll.

The poll — conducted from March 26-27 among registered US voters — was released amid ongoing furor over the Trump administration’s sweeping arrests and detainments of non-citizen students who have allegedly expressed support for terrorist organizations, primarily Hamas in Gaza and Hezbollah in Lebanon, and in many cases participated in raucous, often destructive and unsanctioned anti-Israel demonstrations on university campuses.

According to the newly released data, most Americans, 63 percent, believe that the Trump administration should “deport” foreign students who “voice support” for terrorist groups like Hamas, while a slightly higher 67 percent want such deportations for non-citizens on campuses who “actively support” such terrorist groups. About one-third of voters in each case said they believe the students should stay in the US.

Meanwhile, the data showed that 63 percent of Americans believe the Trump administration should revoke permanent resident status for “pro-Hamas activists like Mahmoud Khalil at Columbia University,” compared to 37 percent who indicated the government should not be able to revoke one’s green card in such circumstances.

Khalil, who was born in Syria and came to the US in 2022, was one of the leaders of the anti-Israel encampment at Columbia University last year, when activists illegally seized parts of the campus and refused to leave unless the school boycotted the world’s lone Jewish state. US Immigration and Customs Enforcement (ICE) detained him early last month for what the Department of Homeland Security alleged to be leading “activities aligned to Hamas, a designated terrorist organization.” Khalil, who became a permanent US resident last year, is fighting his deportation in court and arguing the government is violating his civil rights.

However, a striking 69 percent of respondents in the Harvard CAPS/Harris poll said the federal government should “have the authority to revoke the green card of a permanent legal resident and deport them if it can prove that such a person actively supported a terrorist organization like Hamas.” By comparison, 31 percent said the government should not have such authority.

Republicans overwhelmingly support the deportation of non-citizens who indicate support for terrorist groups, with 83 percent claiming that those who “voice support” for terrorist groups should be removed from the country and 84 percent responding that non-citizen students who “actively support” terrorist groups should be deported.

In contrast, only 42 percent of Democrats said they endorse deportation for foreign students who voice support for terrorist groups, compared to 58 percent who want them to stay on US spoil. Meanwhile, a slight majority, 51 percent, indicated the government should deport those who “actively support” such extremist organizations, while 49 percent oppose deportation in such circumstances.

As for green card holders such as Khalil who allegedly support Hamas, 82 percent of Republicans said the Trump administration should be able to revoke their permanent resident status, compared to just 48 percent of Democrats. Only 18 percent of Republicans oppose the revocation of green cards in these cases, just a fraction of the 52 percent of Democrats who feel the same way. 

More broadly, a striking 86 percent of Republicans believe the government should have the authority to revoke the green card of a permanent legal resident and deport them if they actively supported a terrorist group like Hamas, while 14 percent oppose such a measure.

By comparison, just 55 percent of Democrats support deportation and the taking away a green card in such a situation, compared to 45 percent who oppose it.

In recent weeks, the Trump administration has detained several non-citizen anti-Israel activists on university campuses for participating in often destructive demonstrations while allegedly supporting Hamas, the US-designated terrorist organization that has ruled Gaza since 2007.  Some of these arrests, particularly of Khalil, have sparked significant backlash, with critics accusing the White House of undermining free speech rights. 

During the 2024 US presidential election, as part of a broader effort to entice Jewish voters, Trump vowed to deport foreign supporters of the Palestinian terrorist group Hamas if elected to office.

“We will deport the foreign jihad sympathizers, and we will deport them very quickly. And Hamas supporters will be gone,” Trump said during a “Stop Antisemitism” event in August. “If you hate America, if you want to eliminate Israel, then we don’t want you in our country. We really don’t want you in our country.”

The post Most Americans Agree With Deporting Mahmoud Khalil, Foreign Students Who ‘Support’ Terror Groups, Poll Finds first appeared on Algemeiner.com.

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