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How the International Law Cases Against Israel Could Truly Cripple the IDF
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
Due to the sheer volume of recent news stories concerning Israel, you may have missed two mostly unnoticed but important developments regarding Israel in the world of international law.
In the International Court of Justice (ICJ), South Africa has been suing Israel for genocide. I’ve been saying for months that South Africa does not have a case, but that the lawsuit is nonetheless dangerous because South Africa’s goal is not to win. Instead, its goal is to achieve an “emergency injunction” that would stop Israel’s campaign against Hamas, effectively handing the terror organization a victory.
Such an injunction would not require actually proving the claims against Israel, and so the emergency injunction has always been South Africa’s (and Hamas’) best chance of effectively defeating the IDF.
South Africa has made two unsuccessful attempts to obtain emergency orders, and is now coming up against an October 28 deadline to, at long last, submit their actual evidence of “genocide.”
Last week, South Africa petitioned the ICJ for an extension of several months, apparently because (unsurprisingly) they have not succeeded in finding such evidence.
While this is a small vindication, it is by no means the end of the story. Ihe ICJ is only nominally a “court,” but in reality, functions as a political body. The ICJ’s current President is Nawaf Salam of Lebanon, which is effectively controlled by the Iranian backed Hezbollah terror organization and is actively at war with Israel. The ICJ judges include representatives from countries that have recently demonstrated strongly anti-Israel agendas, such as China and Brazil, as well as South Africa — the very country that’s suing Israel. Even the US delegate to the court has voted consistently against Israel in recent decisions.
In fact the only judge who has stood both firmly and eloquently in favor of Israel is the court’s Vice President, Julia Sebutinde of Uganda.
So while logic dictates that South Africa should not be able to win a lawsuit without evidence, politics has no such limitations. Israel has been petitioning the United States Congress for support in pressuring the ICJ to drop their case, and so has my organization.
An entirely separate international body is the International Criminal Court (ICC), in which prosecutor Karim Khan has petitioned the court to issue arrest warrants against Israeli Prime Minister Netanyahu, Defense Minister Yoav Gallant, as well as several Hamas leaders (two of whom are now dead).
The court has been deliberating the request since May, and last week, Khan issued a new request that the court issue the arrest warrants “urgently.”
It is not clear why such arrest warrants are now more urgent than before, yet some Israeli sources are concerned that the ICC may be sympathetic to the prosecutor’s request anyway. There is some speculation that this “urgency” may be designed to preempt Benjamin Netanyahu’s speech to the UN General Assembly later this month.
Much like the emergency orders in the ICJ, these ICC arrest warrants do not actually require proof. Instead, the prosecutor needs to provide only minimal evidence that his claims are reasonably possible, and he gets to do so “ex parte” — which means alone and without Israel having the opportunity to respond.
Like the ICJ, the ICC is also primarily a political body in the guise of a “court,” and therefore, sufficiently dramatic claims against Israel, especially when presented “ex parte” and with the right political pressure, may be adequate to persuade the judges.
Why does all of this matter? Here’s just one example: since the election of the Labor government, the UK has removed its objection to the ICC proceedings, and this month suspended the shipment of certain military items to Israel, in what amounts to essentially a “soft embargo.” The items in question include important parts for military equipment, such as the F-35 fighter jet, which wear out quickly and need constant replacement. Such parts are manufactured in only a few factories in the entire world and cannot be easily replaced.
Why doesn’t Israel make the parts itself? The factories are so specialized that even if Israel started building one today, it would take years and billions of dollars before production could even begin. Even “Israeli” inventions, such as the Merkava tank, make use of these specialized parts from foreign sources. In short, for the foreseeable future Israel depends on foreign resources to keep the IDF working.
If a relevant international body such as the ICJ were to make a ruling against Israel, instead of seeing a “soft embargo” of some military equipment by some countries, we might see official worldwide embargoes encompassing all equipment.
In as little as several months, as equipment begins to fail, the IDF could run out of working jets, helicopters, tanks, and all of the other tools necessary for the IDF to function as an actual army. Israel would become defenseless, not only against even a weakened Hamas, but also against Iran and all of its various proxies.
This reality relates to may other issues. For example, in the recent debate over whether Israel should abandon the Philadelphi corridor as part of a hostage deal, some IDF generals claim that Israel can simply retake it “at any time.” Yet when IDF generals speak about Israel’s capabilities, they usually refer only to military tactics and strategy, and often overlook the geopolitical forces that could strip the IDF of its capacity to function.
If Israel were to enter an internationally binding agreement (for example over Philadelphi) and then violate it, these kind of embargoes are just one possible consequence.
For this reason, we are keeping a close eye on activities at the ICC, the ICJ, the United Nations, the US Congress, and all the various bodies that have significant influence over Israel’s long term safety, and are actively involved in petitioning those bodies as well.
Daniel Pomerantz is the CEO of RealityCheck, an organization dedicated to deepening public conversation through robust research studies and public speaking.
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Iranian Media Claims Obtaining ‘Sensitive’ Israeli Intelligence Materials
FILE PHOTO: The atomic symbol and the Iranian flag are seen in this illustration, July 21, 2022. REUTERS/Dado Ruvic/Illustration/File Photo
i24 News – Iranian and Iran-affiliated media claimed on Saturday that the Islamic Republic had obtained a trove of “strategic and sensitive” Israeli intelligence materials related to Israel’s nuclear facilities and defense plans.
“Iran’s intelligence apparatus has obtained a vast quantity of strategic and sensitive information and documents belonging to the Zionist regime,” Iran’s state broadcaster said, referring to Israel in the manner accepted in those Muslim or Arab states that don’t recognize its legitimacy. The statement was also relayed by the Lebanese site Al-Mayadeen, affiliated with the Iran-backed jihadists of Hezbollah.
The reports did not include any details on the documents or how Iran had obtained them.
The intelligence reportedly included “thousands of documents related to that regime’s nuclear plans and facilities,” it added.
According to the reports, “the data haul was extracted during a covert operation and included a vast volume of materials including documents, images, and videos.”
The report comes amid high tensions over Iran’s nuclear program, over which it is in talks with the US administration of President Donald Trump.
Iranian-Israeli tensions reached an all-time high since the October 7 massacre and the subsequent Gaza war, including Iranian rocket fire on Israel and Israeli aerial raids in Iran that devastated much of the regime’s air defenses.
Israel, which regards the prospect of the antisemitic mullah regime obtaining a nuclear weapon as an existential threat, has indicated it could resort to a military strike against Iran’s installations should talks fail to curb uranium enrichment.
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Israel Retrieves Body of Thai Hostage from Gaza
Israeli Defense Minister Israel Katz looks on, amid the ongoing conflict in Gaza between Israel and Hamas, in Jerusalem, Nov. 7, 2024. Photo: REUTERS/Ronen Zvulun
The Israeli military has retrieved the body of a Thai hostage who had been held in Gaza since Hamas’ October 7, 2023 attack, Defense Minister Israel Katz said on Saturday.
Nattapong Pinta’s body was held by a Palestinian terrorist group called the Mujahedeen Brigades, and was recovered from the area of Rafah in southern Gaza, Katz said. His family in Thailand has been notified.
Pinta, an agricultural worker, was abducted from Kibbutz Nir Oz, a small Israeli community near the Gaza border where a quarter of the population was killed or taken hostage during the Hamas attack that triggered the devastating war in Gaza.
Israel’s military said Pinta had been abducted alive and killed by his captors, who had also killed and taken to Gaza the bodies of two more Israeli-American hostages that were retrieved earlier this week.
There was no immediate comment from the Mujahedeen Brigades, who have previously denied killing their captives, or from Hamas. The Israeli military said the Brigades were still holding the body of another foreign national. Only 20 of the 55 remaining hostages are believed to still be alive.
The Mujahedeen Brigades also held and killed Israeli hostage Shiri Bibas and her two young sons, according to Israeli authorities. Their bodies were returned during a two-month ceasefire, which collapsed in March after the two sides could not agree on terms for extending it to a second phase.
Israel has since expanded its offensive across the Gaza Strip as US, Qatari and Egyptian-led efforts to secure another ceasefire have faltered.
US-BACKED AID GROUP HALTS DISTRIBUTIONS
The United Nations has warned that most of Gaza’s 2.3 million population is at risk of famine after an 11-week Israeli blockade of the enclave, with the rate of young children suffering from acute malnutrition nearly tripling.
Aid distribution was halted on Friday after the US-and Israeli-backed Gaza Humanitarian Foundation said overcrowding had made it unsafe to continue operations. It was unclear whether aid had resumed on Saturday.
The GHF began distributing food packages in Gaza at the end of May, overseeing a new model of aid distribution which the United Nations says is neither impartial nor neutral. It says it has provided around 9 million meals so far.
The Israeli military said on Saturday that 350 trucks of humanitarian aid belonging to U.N. and other international relief groups were transferred this week via the Kerem Shalom crossing into Gaza.
The war erupted after Hamas-led terrorists took 251 hostages and killed 1,200 people, most of them civilians, in the October 7, 2023 attack, Israel’s single deadliest day.
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US Mulls Giving Millions to Controversial Gaza Aid Foundation, Sources Say
Palestinians carry aid supplies which they received from the US-backed Gaza Humanitarian Foundation, in the central Gaza Strip, May 29, 2025. Photo: REUTERS/Ramadan Abed/File Photo
The State Department is weighing giving $500 million to the new foundation providing aid to war-shattered Gaza, according to two knowledgeable sources and two former US officials, a move that would involve the US more deeply in a controversial aid effort that has been beset by violence and chaos.
The sources and former US officials, all of whom requested anonymity because of the sensitivity of the matter, said that money for Gaza Humanitarian Foundation (GHF) would come from the US Agency for International Development (USAID), which is being folded into the US State Department.
The plan has met resistance from some US officials concerned with the deadly shootings of Palestinians near aid distribution sites and the competence of the GHF, the two sources said.
The GHF, which has been fiercely criticized by humanitarian organizations, including the United Nations, for an alleged lack of neutrality, began distributing aid last week amid warnings that most of Gaza’s 2.3 million population is at risk of famine after an 11-week Israeli aid blockade, which was lifted on May 19 when limited deliveries were allowed to resume.
The foundation has seen senior personnel quit and had to pause handouts twice this week after crowds overwhelmed its distribution hubs.
The State Department and GHF did not immediately respond to requests for comment.
Reuters has been unable to establish who is currently funding the GHF operations, which began in Gaza last week. The GHF uses private US security and logistics companies to transport aid into Gaza for distribution at so-called secure distribution sites.
On Thursday, Reuters reported that a Chicago-based private equity firm, McNally Capital, has an “economic interest” in the for-profit US contractor overseeing the logistics and security of GHF’s aid distribution hubs in the enclave.
While US President Donald Trump’s administration and Israel say they don’t finance the GHF operation, both have been pressing the United Nations and international aid groups to work with it.
The US and Israel argue that aid distributed by a long-established U.N. aid network was diverted to Hamas. Hamas has denied that.
USAID has been all but dismantled. Some 80 percent of its programs have been canceled and its staff face termination as part of President Donald Trump’s drive to align US foreign policy with his “America First” agenda.
One source with knowledge of the matter and one former senior official said the proposal to give the $500 million to GHF has been championed by acting deputy USAID Administrator Ken Jackson, who has helped oversee the agency’s dismemberment.
The source said that Israel requested the funds to underwrite GHF’s operations for 180 days.
The Israeli government did not immediately respond to a request for comment.
The two sources said that some US officials have concerns with the plan because of the overcrowding that has affected the aid distribution hubs run by GHF’s contractor, and violence nearby.
Those officials also want well-established non-governmental organizations experienced in running aid operations in Gaza and elsewhere to be involved in the operation if the State Department approves the funds for GHF, a position that Israel likely will oppose, the sources said.
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