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Here’s Exactly What the International Court of Justice Held About Israel
Last week, the International Court of Justice (IJC) issued its decision on South Africa’s request for the indication of provisional measures — in effect, an injunction — against Israel in regard to alleged violations of the Genocide Convention in the context of the Israel’s use of force in response to the Oct. 7, 2023, Hamas-led attacks in Israel.
The Court found that it had jurisdiction because South Africa and Israel are parties to the Genocide Convention, but both disagree on the interpretation and application of that Convention in the Gaza context. The Convention provides for ICJ jurisdiction in such circumstances.
The Court reminded the parties that, at this stage of proceedings, its decision is preliminary and without prejudice to final decisions about jurisdiction, facts, and merits. The Court concluded that it had a basis for indicating provisional measures based on the plausibility of South Africa’s claim that Palestinian rights under the Convention might be at risk in Gaza, and that therefore, protective measures were in order. In this connection, the Court found that the Palestinian people were a distinct group within the meaning of the Genocide Convention and thus entitled to protection against genocide. At the same time, the Court noted that it was not obliged to indicate the provisional measures that South Africa had requested.
By majorities from 15-2 to 16-1, the Court then required Israel to take all steps within its power to prevent acts of genocide within the meaning of the Genocide Convention — “killing members of the group [Palestinians], causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and imposing measures intended to prevent births within the group.” Israel is to prevent and punish “direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip.” Israel is to ensure that its armed forces do not commit genocide. Israel is to ensure to the extent it can the provision of humanitarian assistance to the people of Gaza. Israel is to protect evidence of genocide. And Israel is to report within one month from today on its compliance with the Court’s order.
The Court did not explicitly say that its requirements were subject to intent. But the Genocide Convention requires “intent to destroy in whole or in part, a national, ethnical, racial or religious group, as such.” Therefore, one may safely conclude that, so long as Israel does not intend to commit acts that violate the Genocide Convention, conducting military operations in accordance with the laws of war in Gaza or elsewhere is permitted. Unintended civilian deaths that occur in the course of military operations do not constitute either war crimes per se or acts of genocide.
The Court emphasized that its conclusions were based on resolutions, reports, and statements by UN bodies and UN and other officials in the public record. The Court did not take such reports or words as definitive. It emphasized that none of the facts alleged could be independently verified at this time. This statement by the Court applied even to UN estimates of the size of Gaza’s population.
ICJ judges are elected by, and responsive to, the UN General Assembly and Security Council. The ICJ thus is a political body. Its judgments, especially in cases such as the one brought by South Africa, must be understood against this background. As is well known to those who have served in foreign ministries, some judges consult with, and take direction from, their governments prior to issuing decisions.
What did the Court actually do? At bottom, it reminded the parties and the world that “thou shall not commit genocide” and, to the extent of one’s capability, shall protect people at risk of genocide. It reminded all fighters that they are obligated to conform to the laws of war — “international humanitarian law” — something we know that Hamas and its associates do not do. As a matter of international law and Israeli domestic law, including decisions of Israel’s Supreme Court, Israel must comply with IHL and, in the words of Israel’s President quoted by the Court, does so. And the Court called for the unconditional release of the hostages seized by Hamas on Oct. 7, 2023.
The Court thus did not indicate the provisional measures requested by South Africa. These included finding that Israel had breached the Convention and owed the Palestinian people reparations for such breach.
The Court did not find that Israel had violated or was violating the Genocide Convention. Thus, Israel should have no difficulty complying with last week’s order by the ICJ.
Nicholas Rostow is Senior Partner at Zumpano, Patricios & Popok PLLC and Senior Research Scholar at Yale Law School. This article first appeared in Just Security.
The post Here’s Exactly What the International Court of Justice Held About Israel first appeared on Algemeiner.com.
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Argentine Jews Express Outrage After Venezuela’s Maduro Blasts Argentina Government as ‘Nazi and Zionist’
The Jewish community in Argentina lambasted Venezuelan leader Nicolás Maduro this week after he described Argentina’s government as “Nazi and Zionist” while addressing on ongoing dispute between the two countries over the arrest of an Argentine military officer in Venezuela.
“A terrorist like this famous Argentine has been captured. The Nazi and Zionist government of Argentina wants us to award him a decoration,” Maduro said during an event on Wednesday in Caracas, the Venezuelan capital.
Maduro was addressing the situation of Nahuel Gallo, a corporal in Argentina’s Gendarmería security force who was arrested in Venezuela last month and charged with terrorism. The socialist Venezuelan government accused Gallo of “being part of a group of people who tried to commit destabilizing and terrorist acts [in Venezuela] with the support of international far-right groups.”
Argentina is currently governed by the right-wing administration of President Javier Milei, whose security minister, Patricia Bullrich, described the charges as “another lie” by Venezuela’s government and said that Gallo should be returned to Argentina “immediately.”
Gallo’s relatives said that he had traveled to Venezuela to visit his wife, who is Venezuelan and was reportedly in the country to spend time with her mother.
Venezuela broke diplomatic relations with Argentina in August after Milei and several other Latin American leaders refused to recognize Maduro’s reelection in July. While Argentina’s diplomats were expelled, some Venezuelan opposition activists, who had sought refuge at the ambassador’s residence to avoid arrest, have since then remained in the building, having been denied safe passage in Venezuela and seeking political asylum in Argentina.
On Monday, Maduro accused Gallo of being part of a plot to assassinate his vice president, Delcy Rodríguez. The next day, Venezuelan opposition leader María Corina Machado said that Gallo is being held “hostage” by Maduro’s government.
Against this backdrop, Argentina’s Jewish umbrella organization, the Delegation of Argentine Israelite Associations (DAIA), on Thursday released a statement slamming Maduro for using the term “Nazi and Zionist” to describe their government.
“In the context of the conflict with Argentina over the gendarme Nahuel Gallo detained in Venezuela, Nicolás Maduro called the government of our country ‘Nazi and Zionist.’ The phrase not only trivializes the tragedy of the Holocaust, diminishing its importance and impact, but also refers to Zionism as a disqualifying insult, even though it represents the legitimate existence of the State of Israel,” the DAIA said in its statement.
“At the same time,” the group continued, “it reveals the violent characteristics of the dictatorial regime that has subjected the Venezuelan people to slavery for years. It does so by exercising terror and oppression on those who fight to reestablish the path of democracy. DAIA condemns Maduro’s violent expressions and expresses its support for those who seek to live in a free and pluralistic society in which human rights are respected.”
Maduro has regularly used antisemitic rhetoric during his time in power in Venezuela. In August, for example, he blamed “international Zionism” for the protests against his reign following the country’s July 28 elections after which he claimed victory despite widespread suspicions of foul play.
The “extremist right,” referring to his opposition, “is supported by international Zionism,” Maduro claimed in an address at the time. “All the communication power of Zionism, who controls all social networks, the satellites, and all the power behind this coup d’état.”
Deborah Lipstadt, the US special envoy to monitor and combat antisemitism, called Maduro’s claims “absurd,” “antisemitic,” and “unacceptable.”
Maduro has been in power since 2013 and has overseen a dramatic economic decline in Venezuela. Redirecting personal failures as the fault of Jews, or, in this case, “international Zionism,” has long been a tactic of antisemites looking for a scapegoat.
Protests and unrest erupted in Venezuela after the presidential election in July, when Maduro’s government was accused by his political opposition, outside observers, and foreign governments of committing fraud to secure a victory.
Nonetheless, Maduro on Friday began his third term as Venezuela’s president, despite US Secretary of State Antony Blinken referring to his “illegitimate presidential inauguration in Venezuela” as a “desperate attempt” to seize power.
“The Venezuelan people and world know the truth — Maduro clearly lost the 2024 presidential election and has no right to claim the presidency,” Blinken said in a statement. “The United States rejects the National Electoral Council’s fraudulent announcement that Maduro won the presidential election and does not recognize Nicolás Maduro as the president of Venezuela.”
Edmundo González Urrutia should have been sworn in as the Venezuelan president, according to the US State Department.
Israeli Foreign Minister Gideon Sa’ar agreed, posting on X/Twitter that the Jewish state “expresses concern over the political persecution and arbitrary arrests by the regime and joins the call of many in the international community to restore freedom and democracy in Venezuela.”
“Today, Jan. 10, Edmundo González Urrutia, the elected president of Venezuela, who won the presidential elections by a significant majority, was supposed to be inaugurated,” Sa’ar added. “However, the election results are not being respected, and his inauguration is not taking place. The ruler, Nicolás Maduro, an ally of Iran, must honor the will of the people in his country.”
In Argentina, meanwhile, Milei has expressed admiration for Judaism and support for Israel. He appointed Rabbi Axel Wahnish, who has served as his spiritual advisor for the last two years, as Argentina’s ambassador to Israel and has studied Torah and other Jewish texts. The Catholic Milei has previously said that were it not for the duties of his office, which require him to work on the Sabbath and on Jewish holidays, he would convert to Judaism.
Argentina has become a key player in organizing efforts to combat antisemitism in recent months. In July, for example, more than 30 countries led by the United States adopted “global guidelines for countering antisemitism” during a gathering of special envoys and other representatives from around the globe in Argentina.
The gathering came one day before Argentina’s Jewish community commemorated the 30th anniversary of the 1994 targeted bombing of the Argentine Israelite Mutual Association (AMIA) Jewish community center in Buenos Aires. Milei promised to right decades of inaction and inconsistencies in the investigations into the attack.
In April, Argentina’s top criminal court blamed Iran for the attack, saying it was carried out by Hezbollah terrorists responding to “a political and strategic design” by Iran.
Iran is the chief international sponsor of Hamas, providing the terror group with weapons, funding, and training.
The post Argentine Jews Express Outrage After Venezuela’s Maduro Blasts Argentina Government as ‘Nazi and Zionist’ first appeared on Algemeiner.com.
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Tlaib Sports Palestinian Keffiyeh at Carter Funeral, Thanks Late President for ‘Speaking Out Against Apartheid’
US Rep. Rashida Tlaib (D-MI), one of the most strident opponents of Israel in Congress, wore a Palestinian keffiyeh to the funeral of former President Jimmy Carter, commemorating the late American leader’s advocacy against so-called “apartheid” in the Jewish state.
“Rest in peace, President Jimmy Carter. It was an honor to be there with your family. I wore my Palestinian keffiyeh to show my gratitude for your courageous stance in speaking out against apartheid and standing up for peace,” Tlaib posted on X/Twitter, along with a picture of her keffyeh.
Rest in peace, President Jimmy Carter. It was an honor to be there with your family. I wore my Palestinian keffiyeh to show my gratitude for your courageous stance in speaking out against apartheid and standing up for peace. pic.twitter.com/Vf0XLN2BtJ
— Rashida Tlaib (@RashidaTlaib) January 9, 2025
The keffiyeh, a traditional Arab headscarf, has become known as a symbol of solidarity with the Palestinian cause and opposition to Israel since the outbreak of the war in Gaza in October 2023.
High-profile politicians, including all five living US presidents, attended Carter’s funeral at the National Cathedral in Washington, DC on Thursday. The former president died on Dec. 29, 2024 at 100 years old due to heart failure.
Over the past couple of decades, Carter’s public commentary on the Israeli-Palestinian conflict has ruffled feathers among supporters of the Jewish state. In 2006, Carter raised eyebrows after publishing a book titled, Palestine: Peace Not Apartheid, which condemned Israel for constructing settlements in the West Bank and accused the Jewish state of constructing a racially-discriminatory political regime.
In 2009, Carter traveled to the Middle East and held meetings with leaders of the Palestinian terrorist group Hamas. Critics noted that he did not criticize Hamas leadership during his meeting and praised the terrorists as being “frank and honest.”
In 2015, Carter further incensed proponents of the Jewish state when he seemingly defended senior Hamas leader Khaled Mashal and argued that the terrorist group was not an obstacle to peace in the region.
“I don’t believe that [Mashal’s] a terrorist. He’s strongly in favor of the peace process,” Carter said at the time.
“I don’t see that deep commitment on the part of [Israeli Prime Minister Benjamin] Netanyahu to make concessions which [former Prime Minister] Menachem Begin did to find peace with his potential enemies,” Carter continued.
Since entering Congress, Tlaib has positioned herself as one of the most vocal anti-Israel critics in US politics. Tlaib, the first Palestinian American woman to serve in the House of Representatives, has repeatedly used her platform to lodge condemnations against Israel.
The congresswoman has accused Israel of committing “apartheid” against Palestinians. In the year following Hamas’s massacre across southern Israel last Oct. 7, Tlaib has smeared the Jewish state’s defensive military operations as a “genocide,” calling on US President Joe Biden to force a “ceasefire” between Israel and the terrorist group and implement an “arms embargo” against the Jewish state.
On Thursday, Tlaib slammed the House for passing a bill which would sanction members of the International Criminal Court (ICC) over its issuing of arrest warrants for Netanyahu and his former defense minister, Yoav Gallant
“What’s their top priority the first week of the new Congress? Lowering costs? Addressing the housing crisis? No, it’s sanctioning the International Criminal Court to protect genocidal maniac Netanyahu so he can continue the genocide in Gaza,” Tlaib wrote on social media.
The post Tlaib Sports Palestinian Keffiyeh at Carter Funeral, Thanks Late President for ‘Speaking Out Against Apartheid’ first appeared on Algemeiner.com.
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Sydney Synagogue Daubed in Antisemitic Graffiti in Latest Attack on Australian Jews
A synagogue in Sydney was daubed in antisemitic graffiti on Friday, police said, the latest in a spate of incidents targeting Jews in Australia.
Police will deploy a special task force to investigate the attack on the Southern Sydney Synagogue in the suburb of Allawah that happened in the early hours of Friday morning, New South Wales state Police Assistant Commissioner Peter McKenna told a news conference.
“The people who do the sort of thing should realize we will be out in force to look for them; we will catch them and prosecute them,” he said.
Television footage showed multiple swastikas painted on the building, along with a message reading “Hitler on top.”
“[There is] no place in Australia, our tolerant multicultural community, for this sort of criminal activity,” Australian Prime Minister Anthony Albanese told a news conference.
The incident is the latest in a series of antisemitic incidents in Australia in the last year, including multiple incidents of graffiti on buildings and cars in Sydney, as well as arson attack on a synagogue in Melbourne that police have ruled as terrorism.
Australia has seen an increase in antisemitic and Islamophobic incidents since Hamas attacked Israel in October 2023 and Israel launched its war against the Palestinian terrorist group in Gaza. Some Jewish organizations have said the government has not taken sufficient action in response.
The country launched a task force last month following the Melbourne synagogue blaze, focusing on threats, violence, and hatred towards the Australian Jewish community.
Australia’s ice hockey federation said on Tuesday it had cancelled a planned international qualifying tournament due to safety concerns, with local media reporting the decision was linked to the participation of the Israeli national team.
The post Sydney Synagogue Daubed in Antisemitic Graffiti in Latest Attack on Australian Jews first appeared on Algemeiner.com.
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