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Gaza Is Not an Open-Air Prison

An aid convoy’s trucks loaded with supplies send by Long Live Egypt Fund are seen at the Rafah border crossing between Egypt and the Gaza Strip, in this handout picture obtained by Reuters on May 23, 2021. The Egyptian Presidency/Handout via REUTERS

When Israel unilaterally withdrew from Gaza in 2005, the “pro-Palestine” propagandists could no longer plausibly refer to it as occupied territory. So they came up with another trope that has become a cliché: Gaza is an “open-air prison.”

The jailer in this dubious metaphor is only Israel, (even though Gaza also borders Egypt) and the Jewish state has been accused of imposing a “16-year blockade, depriving the people there of food, water, and the other necessities of life, especially healthcare” — or so goes the tale.

According to Ilana Feldman, the term “open-air prison” was first used in 1997 in the Philadelphia Inquirer and quickly found currency among Irish and Canadian journalists in the early 2000s. It became a staple of anti-Israel rhetoric in the US in 2009 after Rep. Ron Paul (R-TX) claimed (in a campaign video and on Iranian television) that “The Palestinians are virtually in a concentration camp.”

In 2010, British Prime Minister David Cameron said that “People in Gaza are living under constant attacks and pressure in an open-air prison,” adding that “Gaza cannot and must not be allowed to remain a prison camp.”

From politics to pop-culture, the term grew like an infectious meme in 2015, when the graffiti artist (pardon the oxymoron), Banksy, went to Gaza to spray-paint on some walls. He photographed them for his website, and added witty captions, like: “Gaza is often described as ‘the world’s largest open air prison’ because no-one is allowed to enter or leave.”

Of course, people leave and enter Gaza all the time. Prior to October 7, thousands of people left Gaza every day, crossing into Israel to work at jobs that paid them five times more than they could earn in Gaza. That arrangement is over, thanks to Hamas.

There is also a border with Egypt and the Mediterranean Sea. And, lest anyone forget, there is a maze of underground tunnels that one recently-freed Israeli hostage calls “Lower Gaza,” which presents numerous illegal exit opportunities.

As Ari Zivotofsky observed in the Jerusalem Post, a September 19, 2023, episode of the Palestinian television show Emigration claimed that, “in the past 15 years a quarter of a million young Palestinians left for abroad.” In 2022, over 15,000 of them who lived abroad (having apparently escaped the “prison”) willingly returned to it to celebrate the feast of Eid al-Adha.

This is not how prisons work.

The Middle East Media Research Institute (MEMRI) has been running a series on “Gaza Before October 7” refuting the “concentration camp” and “open-air prison” claims with pictures and videos.

The first two episodes follow Palestinian “influencer” Yousef Alhelou as he travels around Gaza, showing off the top spots for tourists, including a gold market. Subsequent episodes include an Al-Jazeera feature of the economic boom in Gaza, Turkish television reports on the markets of Gaza, and various Arab media outlets covering the many sporting events in Gaza.

Hamas propagandists argue that Gazans are denied goods and services that they are entitled to because of Israel’s “land, water, and sea blockade,” but Israel only blocks weapons from entering Gaza. Even after October 7, Israel has continued to supply electricity, food, and medicine.

What the “pro-Palestine” luminaries will never admit is that Israel has been forced into controlling Gaza’s ports by the long history of weapons shipped there.

In 2001, two vessels, the Calypso and the Santorini, were seized with weapons destined for Palestinian terrorists, and in 2002, a Palestinian ship called the Karine A was seized with 50 tons of Iranian weapons destined for Gaza. Since then, Israel has acted to prevent further shipments of weapons from reaching Gaza by sea. In 2007, after Hamas took over Gaza completely, Israel imposed an inspections regime and began more aggressively searching ships for smuggled weapons. Food and medicine are not prevented from entering Gaza.

Poor access to healthcare is another complaint about life in the Gaza “open-air prison.” In April 2023, the Jerusalem-based anti-Israel activist group B’Tselem faulted Israel for preventing Palestinians from leaving Gaza in order to be treated in Israeli hospitals. But Israel treats plenty of Palestinians.

Hamas leader Ismail Haniyeh sends his entire family to Israel for medical care. In 2013, his 1-year-old granddaughter was treated in an Israeli hospital; in 2014, his daughter was treated at Tel Aviv’s Ichilov Hospital and his mother-in-law was treated at Jerusalem’s Augusta Victoria Hospital; in 2021, his niece was treated at Ichilov Hospital.

Just this month, it was reported that Haniyeh’s grandniece was being treated at the Soroka Medical Center in Beersheva. But why should any Gazans be treated in Israeli hospitals? There are 36 hospitals in Gaza, many of which are run by foreign nations (Indonesia, Turkey, Jordan, Europe countries) serving a population of around two million.

Of course, hospitals in Gaza are dual-purpose buildings, offering both healthcare and camouflage for the entrances to Hamas’s elaborate subterranean infrastructure. An IDF spokesman said that “Hamas systematically built the Indonesian Hospital to disguise its underground terror infrastructure.” The Al-Shifa hospital, where IDF soldiers found a stash of rifles, ammunition, and ballistic vests, also sits atop a major tunnel junction. IDF soldiers recently found unopened boxes of medicine for Israeli hostages at the Nasser Hospital in Khan Younis.

If Gaza is a prison, Hamas is the jailer.

The accusation that Israel withholds food from the “open-air prisoners” of Gaza is a common one.

In 2010, Sarah Leppert of the UN Food and Agricultural Organization said that “sixty-one percent of the Gaza population is food insecure.” A UN World Food Program’s country brief on “Palestine” for the year 2022 announced that Gazans account for 90% of the 1.84 million Palestinians “suffering from food insecurity.”

But media reports about the vibrant lives of people “under occupation” have long included photographs of Gaza showing bountiful markets with merchants whose stands are stocked with fruit and vegetables. As Robert Spencer pointed out recently, “The ‘open air prison’ of Gaza was actually quite opulent” before October 7. Spencer links to a video posted to X by a Gazan who complains that Gaza was beautiful before October 7. In the 42-second video, Gaza’s opulent markets, vacationing tourists, and shops of all sorts look like what one would expect in a tropical resort town.

In fact, there are shops of all kinds in Gaza, like any other city in the world, except perhaps for one — it’s hard to imagine a store named for Adolf Hitler anywhere other than “Palestine,” but in Gaza there’s one called Hitler2, which first achieved infamy in 2015. The store, with its knife-grasping mannequins, was reported damaged in recent fighting.

After October 7, the rhetoric heated up. When Israel briefly announced that it would cease supplying water and electricity to the people who had just killed over 1,200 Israelis and taken another 250 as hostages, the world flew into another outrage.

Human Rights Watch accused Israel of using starvation as a weapon. Israel denied the charges, pointing out that Hamas hijacks food and fuel for itself. Even The New York Times agrees that Hamas has long stockpiled the food and medical supplies meant for the people of Gaza. It quoted a Lebanese source to assert on October 27 that, “Hamas has hundreds of thousands of gallons of fuel for vehicles and rockets; caches of ammunition, explosives and materials to make more; and stockpiles of food, water and medicine … enough stocked away to keep fighting for three to four months without resupply.”

That’s the reality of the situation in Gaza. The only people that ever made it an “open-air prison” were Hamas.

Investigative Project on Terrorism (IPT) Senior Fellow A.J. Caschetta is a principal lecturer at the Rochester Institute of Technology and a fellow at Campus Watch, a project of the Middle East Forum where he is also a Milstein fellow. A version of this article was originally published by IPT.

The post Gaza Is Not an Open-Air Prison first appeared on Algemeiner.com.

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Herzog Confirms Behind-the-Scenes Negotiations with Hamas – Deal ‘Possible’

Israeli President Isaac Herzog looks on during a meeting with US Secretary of State Antony Blinken, not pictured, in Washington, DC, on Oct. 25, 2022. Stefani Reynolds/Pool via REUTERS

i24 NewsPresident Isaac Herzog revealed on Sunday that contacts are ongoing between Israel and Hamas for a ceasefire and hostage release deal.

In a conversation with Yael Alexander, the mother of the abductee Edan Alexander who has been held captive for 422 days by Hamas, Herzog said that “there are negotiations behind the scenes – and it is possible.”

“I reiterate the call – now, after the agreement in Lebanon, it’s time to make a deal and bring the captives home,” Herzog said.

His meeting comes after Hamas released a video over the weekend showing Edan Alexander, an American-Israeli who was captured on October 7, 2023, while serving in the IDF. The video showed him pleading for Prime Minister Benjamin Netanyahu and US President-Elect Donald Trump to secure a deal.

“There are negotiations with a bitter and cruel enemy whose entire purpose in the video was to demoralize us all,” he said. “On the contrary – I think this video gave us a lot of strength.”

“I had a sleepless night,” Yael Alexander said – “Edan, his voice. and the video which plays continuously. You can see from the video that Edan is going through hell, he is screaming and his eyes look sad, but this gave me a lot of strength – Edan strengthened us with his call to us. We released this video, so everyone can see – Edan is alive, and many other captives are alive and the time has come to do something and release them.”

Out of the 101 hostages held in Gaza, estimates range as to the number still living, with some going as low as two dozen.

The post Herzog Confirms Behind-the-Scenes Negotiations with Hamas – Deal ‘Possible’ first appeared on Algemeiner.com.

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The Voice of Jacob

Chabad Rabbi Zvi Kogan. Photo: @Chabad/X.

JNS.orgThe Jewish world is grieving the horrific murder of Rabbi Zvi Kogan in the United Arab Emirates. A gentle ambassador of Judaism, his young life was snuffed out by the perpetrators of evil. We grieve with his young widow, his parents and his family. May God grant them strength, solace and only simcha (“happiness”) in the future.

In this week’s Torah portion, Toldot, we read of the birth of twin sons to Isaac and Rebecca. These twins could not have been less identical. Genesis 25:27 tells us, “The boys grew; Esau became an expert hunter, a man of the field, while Jacob was a guileless man, dwelling in the tents (of Torah).”

Esau was a wild man, hunting animals as well as women. Jacob was a student of Torah. One was a gladiator, the other a sage. Esau would become the father of Rome, the destroyers of our temple, while Jacob went on to become one of the founding fathers of our faith, the patriarch who fathered the 12 tribes of Israel.

Who should we want our children to emulate: the wild warrior or the gentle scholar?

“The voice is the voice of Jacob, and the hands are the hands of Esau,” said Isaac when he was going to bestow the all-important blessings to his son and heir apparent. Jacob is forever represented by the soft voice of the Torah, of wisdom, reason and ethics. Esau, however, is not symbolized by the voice but by the violent hands that strike out and hurt others.

Jewish heroes have always been the peaceful giants of philosophy, wisdom, ethics and morals. Violent murderers are the antithesis of everything we stand for.

I feel that there is a danger today, when our heroes are our Israel Defense Forces soldiers, pilots and naval officers, as they surely should be. They are superheroes of body and soul. Every time a young man or woman puts on a Tzahal uniform, they put their lives on the line. They are prepared to give their lives to defend our homeland and our people. The most secular kibbutznik becomes a tzaddik, the holy of holies, when he makes that courageous commitment.

In fact, the Sheloh—Rabbi Isaiah Horowitz (1558-1628)—wrote that at the holiest moment of the year, on Yom Kippur, at the very climax of the Neilah service when we shout out Shema Yisrael (“Hear O Israel”), we should have in mind to give our life for God, Al Kiddush Hashem “to sanctify his name,” and it will be considered as if we actually did.

Those courageous chayalim make that pledge daily. And far too many have sacrificed their lives in the current war against terror. So it is entirely appropriate that they should be our superheroes. But the inherent danger here is that our children and the younger generation idealize war and military action, heroic though it may be. These wars of defense are a regrettable necessity in our neck of the woods. And today, sadly, Jews everywhere need to be able to defend themselves.

While we honor, cherish and admire our chayalim, they themselves would much rather be at their desktops, in the library or the yeshivah instead of on the front lines.

We dare not forget who we really are, the children of Jacob, B’nai Yisrael. Jacob is our eternal role model. Esau is the antithesis of everything we stand for.

Yes, believe it or not, Jews are pacifists. We are peace-loving people despite the scandalously libelous claims of genocide against us. Our enemies at the United Nations won’t acknowledge it, but it’s who we are.

Yes, we need the IDF, and we need it to be strong and fearless. But that is an unfortunate necessity, not an ideal.

Rabbi Zvi Kogan was a faithful scion of Jacob. His life was cut short by the hands of Esau. Perhaps the appropriate response to this tragedy would be to emulate his ways and enhance our own observance of this sacred ideal or to encourage another to embrace it.

May the voice of Jacob forever drown out and overpower the tumultuous, blood-stained hands of Esau. And may our reluctant warriors be able to go home and resume their gentle lives in peace and security.

The post The Voice of Jacob first appeared on Algemeiner.com.

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Unable to Destroy Israel Militarily, Its Enemies Resort to Lawfare

An exterior view of the International Criminal Court in the Hague, Netherlands, March 31, 2021. Photo: REUTERS/Piroschka van de Wouw

JNS.orgJerusalem has decided to appeal the International Criminal Court’s (ICC) decision to issue warrants for the arrest of Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant. Israel submitted an announcement to the ICC on Wednesday regarding its intention, along with a demand to delay the warrants’ implementation.

In its decision, the ICC said there were reasonable grounds to believe Netanyahu and Gallant were criminally responsible for acts including murder, persecution and starvation as weapons of war as part of a “widespread and systematic attack against the civilian population of Gaza.”

Netanyahu has called the accusation a “modern Dreyfus trial.”

Once again, the Jews have been placed in the docket, this time as antisemites seek to punish Israel on trumped-up charges of “genocide” against the Palestinian people, he said.

Netanyahu met in Jerusalem on Wednesday with U.S. Sen. Lindsey Graham (R-S.C.), who updated him on the efforts he is advancing in Congress against the ICC and countries that cooperate with it.

Amb. Alan Baker, director of the Institute for Contemporary Affairs at the Jerusalem Center for Security and Foreign Affairs and the head of the Global Law Forum, told JNS that practically, “assuming states agree to honor the arrest warrants, despite their being inherently invalid and ultra vires [running against] the ICC statute, they could theoretically try to arrest Netanyahu and Gallant if they enter their territory.”

In a statement published on Wednesday, the Israeli Prime Minister’s Office said Jerusalem’s notice of appeal “shows in detail to what degree the decision to issue the arrest warrants was baseless and without any factual or legal foundation whatsoever.”

Israel denies the authority of the ICC and the legitimacy of the warrants issued against the prime minister and the former defense minister, the statement continued.

Should the court reject the appeal, it will underscore to Israel’s friends in the United States and elsewhere the ICC’s bias against the Jewish state, it added.

The court lacks jurisdiction in the case for several reasons.

First, Israel is not a party to the Rome Statute that established the court, and second because Israel has its own independent, robust judiciary. Third, Palestine is not a state and does not meet the criteria for statehood under international law.

By calling for the arrest of Israel’s leaders, the ICC is violating the Rome Statute, which clearly states that complementarity is the crucial factor in such a decision.

Since Israel has a robust judicial system, it is unnecessary and unlawful for the ICC to involve itself in Israel’s internal matters, and by doing so the court breaches its foundational principles.

Furthermore, as a recent Wall Street Journal editorial noted, “The charge of deliberate starvation is absurd. Israel has facilitated the transfer of more than 57,000 aid trucks and 1.1 million tons of aid [into Gaza], even though Hamas’s rampant theft means Israel is provisioning its battlefield enemy, something the law can’t require.”

The warrant also, absurdly, calls for the arrest of Hamas leader Ibrahim al-Masri, otherwise known as Mohammed Deif, whom Israel and Hamas both say was killed in an Israeli airstrike in July.

By naming him together with Israel’s leaders and thereby feigning even-handedness, the ICC has only demonstrated morally repugnant equivalence.

The Wall Street Journal also highlighted the case of Alice Wairimu Nderitu, the U.N. Special Adviser on the Prevention of Genocide. After she declared that the war against Hamas does not meet the qualifications for genocide, the United Nations announced that her contract will not be renewed, though it has denied the two things are linked.

According to Nderitu, the term “genocide” encapsulates the Holocaust, the Hutus’ mass murder of Tutsis in Rwanda, the Serbian attacks on Bosnian Muslims and the killings being carried out in Sudan.

“As a legal matter, establishing a pattern of violence as a genocide requires demonstrating intent. Israel’s campaign of self-defense doesn’t qualify,” the Journal‘s editorial noted.

The court’s baseless case against Israel’s leaders, coupled with Nderitu’s dismissal, demonstrates that the ICC is abusing the law for political means.

Several world leaders, including President Joe Biden, have harshly criticized the ICC decision.

Biden stated on Thursday evening that warrants were “outrageous.”

Rep. Mike Waltz, tapped by President-elect Donald Trump as National Security Advisor, tweeted, “The ICC has no credibility and these allegations have been refuted by the U.S. government. Israel has lawfully defended its people & borders from genocidal terrorists. You can expect a strong response to the antisemitic bias of the ICC & UN come January.”

Hungarian Prime Minister Viktor Orban has invited Netanyahu to visit his country, assuring him he faces no risk of arrest.

While ambiguous at first, France has declared it will not enforce the warrants as Israel is not a signatory to the ICC.

Some analysts have questioned whether France’s decision was linked to the ceasefire announced Wednesday between Hezbollah and Israel.

Famed lawyer Alan Dershowitz has announced he is assembling a “dream team” to defend Israel in The Hague.

This support is crucial because so much of the international community has fallen for the widespread anti-Israel propaganda.

Hala Rharrit, a former U.S. State Department diplomat who has made her anti-Israel opinions well known, said in an Al-Jazeera interview that most of the world is feeling that “finally, finally, there is a sense that the international community is taking action, far little too late.”

She said that in the State Department, “secretly, many American diplomats are celebrating this.”

Rharrit resigned in April in protest over Biden’s support for Israel.

Several world leaders have condoned the ICC decision.

Turkish President Recep Tayyip Erdogan called the ICC warrants “courageous.”

European Union foreign policy chief Josep Borrell said, “The states that signed the Rome convention are obliged to implement the decision of the court. It’s not optional.”

Some experts have questioned whether the warrant and its implications could prevent civilized nations from fighting terrorism.

“If this progresses to a large-scale issuance of arrest warrants for a wider range of military people and politicians, it  could certainly serve as a warning to states involved in fighting terror,” said Amb. Baker.

“But this issue is more of a blatant Israel-directed issue and would not necessarily be used against other states fighting terror,” he added.

According to Natasha Hausdorff, legal director of UK Lawyers for Israel Charitable Trust, “Every phrase of every sentence” in the court’s warrant “was in fact false.”

In a conversation with Matt Frei of Leading Britain’s Conversation (LBC), Hausdorff provided a stinging rebuke to the ICC. “One example is that in furtherance of this allegation of starvation, the prosecutor relied on a report that suggested that famine might come to parts of the Gaza Strip,” she said.

“That report was subsequently debunked by a Famine Review Committee report that indicated it had been based on insufficient or incomplete information and it drew implausible conclusions,” she said.

“The overall conclusion of that process and also from the press release the court put out on Thursday is that they have made that determination to arrest Netanyahu and Gallant on the basis of this slew of false information,” she said.

Should Israel be approaching this challenge differently?

According to Baker, Israel needs to show the countries that are party to the ICC statute “that the issuance of the warrants is ultra vires the terms of the statute since the ICC cannot exercise jurisdiction in the territory of a non-state entity that has no sovereign territory.”

He added that it is “widely acknowledged that no state of Palestine exists, and the fact that the Palestinian leadership has manipulated the United Nations and ICC to treat them as if they are a state doesn’t alter the basic legal and political fact that there is no state of Palestine. Hence the ICC cannot be given jurisdiction by a non-state, and cannot issue arrest warrants.”

“Also,” he said, “as Israel is not a party to the ICC statute, its senior officials enjoy state and diplomatic immunity and thus cannot be arrested.”

The post Unable to Destroy Israel Militarily, Its Enemies Resort to Lawfare first appeared on Algemeiner.com.

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