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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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Police Officers Injured as Violent Clashes Erupt at Anti-Israel Nakba Day Rally in Berlin

A Pro-Palestinian demonstrator speaks to a police officer during a protest against Israel to mark the 77th anniversary of the “Nakba,” or catastrophe, in Berlin, Germany, May 15, 2025. Photo: REUTERS/Axel Schmidt

Anti-Israel demonstrators clashed violently with Berlin police officers during a march on Thursday, resulting in injuries and heightened tensions throughout the German capital city.

More than 600 police officers were dispatched to contain the “Nakba Day” protest in Berlin’s central Kreuzberg district, where over 50 arrests were made. The demonstrators were recognizing the 77th anniversary of the “nakba,” the Arabic term for “catastrophe” used by Palestinians and anti-Israel activists to refer to the establishment of the modern state of Israel in 1948.

According to local law enforcement, approximately 1,100 people took part in the pro-Hamas rally, which also protested against Israel’s military campaign against the Palestinian terrorist group in the Gaza Strip.

Demonstrators initially intended to march from Südstern Square in the southern part of the capital to the adjacent Neukölln district, but local authorities only allowed the protest to remain stationary.

Even though a local court had ruled that the anti-Israel protest couldn’t move through the city, demonstrators repeatedly attempted to march through the neighborhood. When police intervened to stop them, they were met with insults and violent attacks from the crowd.

Police officers stand guard in front of Pro-Palestinian demonstrators during a protest against Israel to mark the 77th anniversary of the “Nakba” or catastrophe, in Berlin, Germany, May 15, 2025. Photo: REUTERS/Axel Schmidt

During the protest, one of the organizers addressed the crowd, declaring, “The nakba is a continuing campaign of ethnic cleansing that has never stopped.”

The demonstration was also marked by antisemitic rhetoric and inflammatory chants, including accusations that the Israeli government and military are “child murderers, women murderers, baby murderers,” as well as the use of the banned slogan, “From the river to the sea, Palestine will be free.” The slogan is popular among anti-Israel activists and has been widely interpreted as a call for the destruction of the Jewish state, which is located between the Jordan River and the Mediterranean Sea.

When police intervened to stop the inflammatory rhetoric, they were met with significant violence from the crowd, who reportedly threw bottles, stones, and other objects, and sprayed officers with red paint.

After the incidents, police reported that one officer was pulled into the crowd, forced to the ground, and trampled until he lost consciousness. The 36-year-old officer sustained severe upper body injuries, including a broken arm, and remains hospitalized.

“The attack on a police officer at the demonstration in Kreuzberg is nothing but a cowardly, brutal act of violence,” Berlin Mayor Kai Wegner said in a statement. “Attacks against officers are attacks on law and order and therefore against all of us.”

“Those who misuse the right to demonstrate to spread hate, antisemitic incitement, or violence will face the full force of the law,” the German leader added.

Pro-Palestinian demonstrators during a protest against Israel to mark the 77th anniversary of the “Nakba” or catastrophe, in Berlin, Germany, May 15, 2025. Photo: Screenshot

Local authorities reported that 11 officers and an unspecified number of protesters were injured during the incidents, with the injured demonstrators receiving treatment from the Berlin fire department.

The German-Israeli Society (DIG) condemned the violence and hateful rhetoric, urging authorities to reconsider granting permission for such demonstrations.

“Often, these events are not demonstrations for the rights and the legitimate concerns of Palestinians but merely express outright hatred of Israel,” the group said in a statement.

Germany has experienced a sharp spike in antisemitism amid the war in Gaza. In just the first six months of 2024 alone, the number of antisemitic incidents in Berlin surpassed the total for all of the prior year and reached the highest annual count on record, according to Germany’s Federal Association of Departments for Research and Information on Antisemitism (RIAS).

The figures compiled by RIAS were the highest count for a single year since the federally-funded body began monitoring antisemitic incidents in 2015, showing the German capital averaged nearly eight anti-Jewish outrages a day from January to June last year.

According to the Anti-Defamation League (ADL), police registered 5,154 antisemitic incidents in Germany in 2023, a 95 percent increase compared to the previous year.

The post Police Officers Injured as Violent Clashes Erupt at Anti-Israel Nakba Day Rally in Berlin first appeared on Algemeiner.com.

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Trump Signals Support for Future Iran Trade Deal if Regime Dismantles Nuclear Program

US President Donald speaking in the Roosevelt Room at the White House in Washington, DC on March 3, 2025. Photo: Leah Millis via Reuters Connect

US President Donald Trump on Thursday seemed to signal openness to striking a trade deal with Iran if the Islamist theocracy agrees to dismantle its entire nuclear program. 

“Iran wants to trade with us. Okay? If you can believe that. And I’m okay with it. I’m using trade to settle scores and to make peace,” Trump said while speaking to Fox News anchor Bret Baier. “But I’ve told Iran, ‘We make a deal, you’re gonna be really happy.”

However, Trump underscored the urgency in finalizing a nuclear deal with Iran, saying there’s “not plenty of time” to secure an agreement which would dismantle Tehran’s nuclear capabilities. 

“There’s not plenty of time. You feel urgency? Well, they’re not gonna have a nuclear weapon. And eventually, they’ll have a nuclear weapon, and then the discussion becomes a much different one,” Trump said.

The US and other Western countries say Iran’s nuclear program is ultimately meant to build nuclear weapons — a claim denied by Tehran, which asserts the program is only geared for peaceful nuclear energy.

Trump on Friday said Iran had a US proposal about its nuclear program and knows it needs to move quickly to resolve the dispute.

“They have a proposal. More importantly, they know they have to move quickly or something bad — something bad’s going to happen,” Trump told reporters aboard Air Force One, according to an audio recording of the remarks.

However, Tehran denied receiving a US proposal yet. According to some reports, Oman, which has been mediating US-Iran nuclear talks in recent weeks, has the proposal and will soon give to the Iranians.

US lawmakers and some Trump administration officials have repeatedly stressed the importance of dismantling Iran’s nuclear program, arguing that Tehran could use a nuclear bomb to permanently entrench its regime and potentially launch a strike at Israel. Some experts also fear Iran could eventually use its expanding ballistic missile program to launch a nuclear warhead at the US.

However, the administration has sent conflicting messages regarding its ongoing nuclear talks with Iran, oscillating between demands for “complete dismantlement” of Tehran’s nuclear program and signaling support for allowing a limited degree of uranium enrichment for “civilian purposes.” Many Republicans and hawkish foreign policy analysts have lamented what they described as similarities between the framework of the Trump administration’s negotiations with Iran and the controversial Joint Comprehensive Plan of Action (JCPOA), a 2015 deal negotiated by the former Obama administration which placed temporary restrictions on Iran’s nuclear program in exchange for the lifting of major international sanctions. Trump withdrew the US from the deal during his first term, arguing its terms were bad for American national security.

Trump indicated last Wednesday during a radio interview that he is seeking to “blow up” Iran’s nuclear centrifuges “nicely” through an agreement with Tehran but is also prepared to do so “viciously” in an attack if necessary. That same day, however, when asked by a reporter in the White House whether his administration would allow Iran to maintain an enrichment program as long as it doesn’t enrich uranium to weapons-grade levels, Trump said his team had not decided.

Furthermore, US Special Envoy to the Middle East Steve Witkoff drew backlash last month when, during a Fox News interview, he suggested that Iran would be allowed to pursue a nuclear program for so-called civilian purposes, saying that Iran “does not need to enrich past 3.67 percent.” The next day, Witkoff backtracked on these remarks, writing on X/Twitter that Tehran must “stop and eliminate its nuclear enrichment and weaponization program.”

Iran has claimed that its nuclear program is for civilian purposes rather than building weapons. However, the International Atomic Energy Agency (IAEA), the UN’s nuclear watchdog, reported last year that Iran had greatly accelerated uranium enrichment to close to weapons grade at its Fordow site dug into a mountain.

The UK, France, and Germany said in a statement at the time that there is no “credible civilian justification” for Iran’s recent nuclear activity, arguing it “gives Iran the capability to rapidly produce sufficient fissile material for multiple nuclear weapons.”

While speaking to Qatari Emir Sheikh Tamim al-Thani on Wednesday, Trump reportedly said that he would like to avoid war with Iran, “because things like that get started and they get out of control. I’ve seen it over and over again … we’re not going to let that happen.”

Trump has threatened Iran with military action and more sanctions if the regime does not agree to a nuclear deal with Washington.

The post Trump Signals Support for Future Iran Trade Deal if Regime Dismantles Nuclear Program first appeared on Algemeiner.com.

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Harvard, Jewish Activist ‘Shabbos’ Kestenbaum Settle Antisemitism Lawsuit

Alexander “Shabbos” Kestenbaum makes remarks during the fourth annual Countering Antisemitism Summit at the Four Seasons, Feb. 26, 2025. Photo: USA Today Network via Reuters Connect.

Harvard University and Alexander “Shabbos” Kestenbaum have settled a lawsuit in which the former student turned widely known pro-Israel activist accused the institution of violating the US Civil Rights Act of 1964 by permitting antisemitic discrimination and harassment.

The confidential agreement ends what Kestenbaum, an Orthodox Jews, had promised would be a protracted, scorched-earth legal battle revealing alleged malfeasance at the highest levels of Harvard’s administration. So determined was Kestenbaum to discomfit the storied institution and force it to enact long overdue reforms that he declined to participate in an earlier settlement it reached last year with a group of Jewish plaintiffs, of which he was a member, who sued the university in 2024.

Charging ahead, Kestenbaum vowed never to settle and proclaimed that the discovery phase of the case would be so damning to Harvard’s defense that no judge or jury would render a verdict in its favor. Harvard turned that logic against him, requesting a trove of documents containing his communications with advocacy groups, politicians, and US President Donald Trump’s 2024 campaign staff during a period of time which saw Kestenbaum’s star rise to meteoric heights as he became a national poster-child for pro-Israel activism.

Harvard argued that the materials are “relevant to his allegations that he experienced harassment and discrimination to which Harvard was deliberately indifferent in violation of Title VI.” Additionally, it sought information related to other groups which have raised awareness of the antisemitism crisis since Hamas’s Oct. 7, 2023, massacre across southern Israel, demanding to know, the Harvard Crimson reported, “the ownership, funding, financial backing, management, and structure” of the Louis D. Brandeis Center for Human Rights Under Law, Students Against Antisemitism (SAA), and Jewish Americans for Fairness in Education (JAFE).

Without the materials, Harvard claimed, it would be unable to depose witnesses.

According to the Crimson, the university and Kestenbaum failed to agree on a timeframe for producing the requested documents, prompting it to file in May a motion that would have extracted them via court order. Meanwhile, two anonymous plaintiffs who also declined to be a party to 2024’s settlement came forward to join Kestenbaum’s complaint, which necessitated its being amended at the approval of the judge presiding over the case, Richard Stearns. In filing the motion to modify the suit, the Crimson reported, Kestenbaum’s attorneys asked Stearns to “extend the discovery deadline by at least six months” in the event that he “rejects the motion.”

On April 2, Stearns — who was appointed to the bench in 1993 by former US President Bill Clinton (D) and served as a political operative for and special assistant to Israel critic and former Democratic presidential nominee George McGovern — spurned the amended complaint and granted Harvard its discovery motion, which Kestenbaum’s attorneys had opposed in part by arguing that Harvard too had withheld key documents. Kestenbaum was given five days to submit the contents of correspondence.

On Wednesday, both parties lauded the settlement — which, according to the Crimson, included dismissing Kestenbaum’s case with prejudice — as a step toward eradicating antisemitism at Harvard University, an issue that has cost it billions of dollars in federal funding and undermined its reputation for being a beacon of enlightenment and the standard against which all other higher education institutions are judged.

“Harvard and Mr. Kestenbaum acknowledge each other’s steadfast and important efforts to combat antisemitism at Harvard and elsewhere,” Harvard University spokesman Jason Newton said in a statement.

In a lengthy statement of his own, Kestenbaum expressed gratitude for having helped “lead the student effort combating antisemitism” while accusing Harvard of resorting to duplicitous and intrusive tactics to fend off his allegations.

“Harvard opposed the anonymity of two of its current Jewish students who sought to vindicate their legal rights, and the Harvard Crimson outed them, even before the court could rule on their motion for anonymity. Harvard also issued a 999-page subpoena against Aish Hatorah, my Yeshiva in Israel that has been deeply critical of the university,” he said. “Remarkably, while Harvard sought personal and non-relevant documents between me and my friends, family, and others in the Jewish community, they simultaneously refused to produce virtually any relevant, internal communication that we had asked for during discovery.”

He continued, “I am comforted knowing that as we have now resoled our lawsuit, the Trump administration will carry the baton forward.”

Harvard’s legal troubles continue.

As previously reported by The Algemeiner, the university sued the Trump administration in April to request an injunction that would halt the government’s impounding of $2.26 billion of its federal grants and contracts and an additional $450 billion that was confiscated earlier this week.

In the complaint, shared by interim university president Alan Garber, Harvard says the Trump administration bypassed key procedural steps it must, by law, take before sequestering any federal funds. It also charges that the Trump administration does not aim, as it has publicly pledged, to combat campus antisemitism at Harvard but to impose “viewpoint-based conditions on Harvard’s funding.”

The administration has proposed that Harvard reform in ways that conservatives have long argued will make higher education more meritocratic and less welcoming to anti-Zionists and far-left extremists. Its “demands,” contained in a letter the administration sent to Garber — who subsequently released it to the public — called for “viewpoint diversity in hiring and admissions,” the “discontinuation of [diversity, equity, and inclusion, or DEI, initiatives],” and “reducing forms of governance bloat.” They also implore Harvard to begin “reforming programs with egregious records of antisemitism” and to recalibrate its approach to “student discipline.”

Harvard rejects the Trump administration’s coupling of campus antisemitism with longstanding grievances regarding elite higher education’s alleged “wokeness,” elitism, and overwhelming bias against conservative ideas. Republican lawmakers, for their part, have maintained that it is futile to address campus antisemitism while ignoring the context in which it emerged.

On April 28, a Massachusetts district court judge, appointed to the bench by former US President Barack Obama, granted Harvard its request for the speedy processing of its case and a summary judgement in lieu of a trial, scheduling a hearing for July 21.

The following day, Harvard released its long anticipated report on campus antisemitism and along with it an apology from Garber which acknowledged that school officials failed in key ways to address the hatred to which Jewish students were subjected following the Oct. 7, 2023, massacre

The over 300-page document provided a complete account of antisemitic incidents which transpired on Harvard’s campus in recent years — from the Harvard Palestine Solidarity Committee’s (PSC) endorsement of the Oct. 7 terrorist atrocities to an anti-Zionist faculty group’s sharing an antisemitic cartoon which depicted Jews as murderers of people of color — and said that one source of the problem is the institution’s past refusal to afford Jews the same protections against discrimination enjoyed by other minority groups. It also issued recommendations for improving Jewish life on campus going forward.

“I am sorry for the moments when we failed to meet the high expectations we rightfully set for our community. The grave, extensive impact of the Oct. 7, 2023, Hamas assault on Israel and its aftermath had serious repercussions on campus,” Garber said in a statement accompanying the report. “Harvard cannot — and will not — abide bigotry. We will continue to provide for the safety and security of all members of our community and safeguard their freedom from harassment. We will redouble our efforts to ensure that the university is a place where ideas are welcomed, entertained, and contested in the spirt of seeking truth; where argument proceeds without sacrificing dignity; and where mutual respect is the norm.”

Follow Dion J. Pierre @DionJPierre.

The post Harvard, Jewish Activist ‘Shabbos’ Kestenbaum Settle Antisemitism Lawsuit first appeared on Algemeiner.com.

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