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Here’s Exactly What the International Court of Justice Held About Israel

Supporters of Hamas demonstrating outside the International Court of Justice in The Hague, Netherlands. Photo: Reuters/Jehad Shelbak

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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ICC Prosecutor Karim Khan Officially Sanctioned by Trump Admin, Banned From Entering US

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

The United States has imposed sanctions on International Criminal Court (ICC) prosecutor Karim Khan in accordance with an executive order signed by President Donald Trump, the US Treasury Department confirmed on Thursday.

Khan was sanctioned by the US after spearheading the ICC’s issuing arrest warrants for Israeli leaders over their role in the ongoing war against the Palestinian terrorist group Hamas in Gaza.

The White House announced on Monday that Khan would be the first member of the ICC to be issued personal sanctions, and both the White House and Treasury Department noted on Thursday that he has been added to the Office of Foreign Assets Control’s (OFAC) Specially Designated Nationals and Blocked Persons List.

Khan’s assets in the United States are now frozen, and he is banned from entering the country. The announcement came on the heels of Trump’s executive order last week to punish members of the ICC for targeting Israel.

Trump’s order lambasted the ICC for its “illegitimate and baseless actions targeting America and our close ally Israel.” Trump stated that the ICC “abused its power” to pursue an unsubstantiated and politically motivated criminal case against Israeli leaders. 

The ICC responded to Trump with a forceful condemnation, stressing that the court produces “independent and impartial” work. 

“The court stands firmly by its personnel and pledges to continue providing justice and hope to millions of innocent victims of atrocities across the world,” the ICC said.

Trump signed the executive order after Senate Democrats blocked legislation to sanction the ICC in January. The bill ultimately failed by a vote of 54-45, with Sen. John Fetterman (D-PA) being the sole Democrat to vote in favor of punishing the ICC. Democratic Senate Minority Leader Chuck Schumer (NY) criticized the bill as “poorly drafted and deeply problematic.” The House had passed the legislation.

In November, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his former defense minister, Yoav Gallant, and now-deceased Hamas terror leader Ibrahim al-Masri (better known as Mohammed Deif) for alleged war crimes and crimes against humanity in the Gaza conflict. The ICC said there were reasonable grounds to believe Netanyahu and Gallant were criminally responsible for starvation in Gaza and the persecution of Palestinians — charges vehemently denied by Israel, which has provided significant humanitarian aid into the war-torn enclave throughout the war.

US and Israeli officials issued blistering condemnations of the ICC move, decrying the court for drawing a moral equivalence between Israel’s democratically elected leaders and the heads of Hamas, the Palestinian terrorist group that launched the ongoing war in Gaza with its massacre across southern Israel on Oct. 7, 2023.

The ICC has no jurisdiction over Israel as it is not a signatory to the Rome Statute, which established the court. Other countries including the US have similarly not signed the ICC charter. However, the ICC has asserted jurisdiction by accepting “Palestine” as a signatory in 2015, despite no such state being recognized under international law.

The post ICC Prosecutor Karim Khan Officially Sanctioned by Trump Admin, Banned From Entering US first appeared on Algemeiner.com.

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Boston Judge Dismisses Hate Crime Charges Against Harvard Students for Assault of Jewish Peer

Demonstrators take part in an “Emergency Rally: Stand With Palestinians Under Siege in Gaza,” amid the ongoing conflict between Israel and Hamas, at Harvard University in Cambridge, Massachusetts, US, Oct. 14, 2023. Photo: REUTERS/Brian Snyder

A Boston Municipal Court judge has dismissed hate crime charges against two Harvard University graduate students who allegedly assaulted a Jewish student at the school in the aftermath of Hamas’s Oct. 7, 2023, massacre across southern Israel, The Harvard Crimson reported on Wednesday.

As previously reported, an anti-Israel demonstration escalated to apparent harassment when Ibrahim Bharmal, former editor of the prestigious Harvard Law Review, and Elom Tettey-Tamaklo were filmed encircling a Jewish student with a mob that screamed “Shame! Shame! Shame!” at him while he desperately attempted to free himself from the mass of bodies.

Antisemitism on Harvard’s campus skyrocketed after the Oct. 7 atrocities. Harvard stood out as a hub of pro-Hamas support for the terrorist group’s massacre of 1,200 people and kidnapping of 251 hostages in the deadliest single-day attack on Jews since the Holocaust. While Hamas’s brutal treatment of civilians — which included rape, torture, and beheading of children — shocked the world and led to international condemnation, it emboldened pro-Hamas Harvard students, and later, Harvard faculty to target Jewish and pro-Israel members of the campus community with harassment and intimidation.

Following the Oct. 2023 mobbing of a Jewish student, Bharmal and Tettey-Tamaklo were charged by the local district attorney with assault, battery, and violations of the Massachusetts Civil Rights Acts, a hate crime statute that forbids the obstruction of “free exercise or enjoyment of any right or privilege” — to which they pleaded not guilty.

The hate crime charge was dismissed on Monday by Judge Stephen McClenon. The students will still face one misdemeanor count of assault and battery each.

According to The Washington Free Beacon, Bharmal has been continuously rewarded with new and better opportunities since allegedly assaulting the Jewish student. Harvard neither disciplined him nor removed him from the presidency of the Harvard Law Review, a coveted post once held by former US President Barack Obama. As of last year, he was awarded a law clerkship with the Public Defender for the District of Columbia, a government funded agency which provides free legal counsel to “individuals … who are charged with committing serious criminal acts.”

Antisemitism in the US surged to catastrophic and unprecedented levels in 2023 — the year in which Bharmal and Tettey-Tamaklo’s alleged crimes took place — rising a harrowing 140 percent, according to a 2024 audit conducted by the Anti-Defamation League (ADL).

The ADL recorded 8,873 incidents in 2023 — an average of 24 every day — across the US, amounting to a year unlike any experienced by the American Jewish community since the organization began tracking such data on antisemitic outrages in 1979. Incidents of harassment, vandalism, and assault all spiked by double and triple digits, with California, New York, New Jersey, Florida, and Massachusetts accounting for nearly half, or 48 percent, of all that occurred.

The last quarter of the year proved the most injurious, the ADL noted, explaining that after Hamas’s Oct. 7 massacre across southern Israel, 5,204 antisemitic incidents rocked the Jewish community. Across the political spectrum, from white supremacists on the far right to ostensibly left-wing Ivy League universities, antisemites emerged to express solidarity with the Hamas terroistr group, spread antisemitic tropes and blood libels, and openly call for a genocide of the Jewish people in Israel.

Such incidents occurred throughout the US. In California, an elderly Jewish man was killed when an anti-Zionist professor employed by a local community college allegedly pushed him during an argument. At Cornell University in upstate New York, a student threatened to rape and kill Jewish female students and “shoot up” the campus’ Hillel center. In a suburb outside Cleveland, Ohio, a group of vandals desecrated graves at a Jewish cemetery. At Harvard, America’s oldest and, arguably, most prestigious university, a faculty group shared an antisemitic cartoon depicting a left-hand tattooed with a Star of David dangling two men of color from a noose.

Other outrages were expressive but subtle. In November, large numbers of people traveling to attend the “March for Israel” in Washington, DC either could not show up or were forced to scramble last second and final alternative transportation because numerous bus drivers allegedly refused to transport them there. Hundreds of American Jews from Detroit, for example, were left stranded at Dulles Airport, according to multiple reports.

In another case at Yale University, a campus newspaper came under fire for removing from a student’s column what it called “unsubstantiated claims” of Hamas raping Israeli women, marking a rare occasion in which the publication openly doubted reports of sexual assault.

Harvard University recently agreed, on paper, to be part of the solution for eradicating antisemitism from its own campus.

Last month, it settled two antisemitism lawsuits, which were merged by a federal judge in November 2024, that accused school officials of refusing to discipline perpetrators of antisemitic conduct. Legal counsel for the university initially discredited the students who brought the legal actions, attempting to have their allegations thrown out of court on the grounds that they “lacked standing” and “legally cognizable claim” even as it proclaimed “the importance of the need to address antisemitism at the university,” according to court documents.

With the settlement, which came one day after the inauguration of President US Donald Trump — who has vowed to tax the endowments of universities where antisemitism is rampant — Harvard avoided a lengthy legal fight that could have been interpreted by the Jewish community as a willful refusal to acknowledge the discrimination to which Jewish students are subjected.

“Today’s settlement reflects Harvard’s enduring commitment to ensuring our Jewish students, faculty, and staff are embraced, respected, and supported,” Harvard said in a press release. “We will continue to strengthen our policies, systems, and operations to combat antisemitism and all forms of hate and ensure all members of the Harvard community have the support they need to pursue their academic, research, and professional work and feel they belong on our campus and in our classrooms.”

Per the agreement, the university will apply the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism to its non-discrimination and anti-bullying policies (NDAB), recognize the centrality of Zionism to Jewish identity, and explicitly state that targeting and individual on the basis of their Zionism constitutes a violation of school rules.

Follow Dion J. Pierre @DionJPierre.

The post Boston Judge Dismisses Hate Crime Charges Against Harvard Students for Assault of Jewish Peer first appeared on Algemeiner.com.

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US Democratic Voters Overwhelmingly Sympathize With Palestinians Over Israelis: Poll

Voters line up for the US Senate run-off election, at a polling location in Marietta, Georgia, US, January 5, 2021. Photo: REUTERS/Mike Segar.

Democrats in the US widely sympathize with Palestinians over Israelis, according to a new poll.

The Economist/YouGov poll, which was conducted from Feb. 9-11, found that 35 percent of Democrats indicate their sympathies “are more with” Palestinians, and only 9 percent say they are more sympathetic toward Israelis. Meanwhile, 32 percent of Democrats responded that their sympathies are “about equal” between both Palestinians and Israelis, and another 24 percent were not sure.

Notably, Democratic “sympathies” toward Israelis have dramatically declined in the past two months, coinciding with the transition of the Trump administration into the White House. On Dec. 21, according to the poll, 21 percent of Democrats sympathized more with Israelis and 25 percent sympathized more with Palestinians. On Jan. 18, two days before US President Donald Trump’s inauguration, Democratic sympathy for Palestinians climbed to 27 percent. During that same timeframe, sympathies for Israelis plunged to 18 percent among Democrats. 

Republicans are far more sympathetic toward Israel than Democrats are, the poll found. Sixty percent of Republicans expressed sympathy with Israelis this month, while 6 percent expressed more sympathy toward Palestinians.

In October 2023, in the immediate aftermath of the Hamas-led Oct. 7 massacre of 1,200 people and kidnapping of 251 hostages throughout southern Israel, 73 percent of Republicans indicated more sympathy for Israelis and 3 percent indicated more sympathy for Palestinians. As for Democrats, 34 percent had more sympathy for Israelis immediately following the Oct. 7 massacre, and 16 percent had more sympathy for the Palestinians.

Overall, although a plurality of Americans still supports Israel, sympathy for the Palestinians seems to be gaining steam. American sympathy for Israelis remained virtually unchanged from Jan. 18 to Feb. 8, dropping slightly from 32 percent to 31 percent. However, sympathy for Palestinians spiked from 15 percent to 21 percent within the same three-week span. According to the poll, American support for Palestinians has climbed to its highest level since 2017. 

Trump’s recent proposal to vacate Palestinians from Gaza and build a “Riviera of the Middle East” is unpopular with the American public, according to the poll. Only 19 percent of Americans support the plan, the poll found. The policy proposal suffers from weak support among American liberals, with only 6 percent of Democrats supporting it and 74 percent opposing it. In contrast, Trump’s suggestion to relocate Palestinians into neighboring Arab states enjoys substantially greater support among Republicans, with 39 percent agreeing with Trump’s proposal and 33 percent disagreeing with it. 

The growing partisan divide between Democrats and Republicans regarding the Israeli-Palestinian conflict has become a major flashpoint in the 16 months following the Oct. 7 terror attacks. Democratic lawmakers have become increasingly critical of Israel’s approach to the Gaza war, potentially reflecting shifting opinions of the Democratic electorate regarding the Jewish state. Although Democrats have repeatedly reiterated that Israel has a right to “defend itself,” many have raised concerns over the Jewish state’s conduct in the war in Gaza, reportedly exerting private pressure on former US President Joe Biden to adopt a more adversarial stance against Israel and display more public sympathy for the Palestinians. In November, 17 Democratic senators voted to impose a partial arms embargo on Israel, sparking outrage among supporters of the Jewish state.

The post US Democratic Voters Overwhelmingly Sympathize With Palestinians Over Israelis: Poll first appeared on Algemeiner.com.

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