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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.
The post How the International Law Cases Against Israel Could Truly Cripple the IDF first appeared on Algemeiner.com.
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Trump Nominates Marco Rubio for US Secretary of State
US Sen. Marco Rubio (R-FL) in Philadelphia, Pennsylvania, US, Sept. 10, 2024. Photo: REUTERS/Evelyn Hockstein
US President-elect Donald Trump on Wednesday confirmed that he will nominate Sen. Marco Rubio (R-FL) to serve as secretary of state in his incoming administration, a potential signal that the next White House will take a more adversarial posture toward Iran.
Trump’s confirmation came a couple days after several media outlets reported that he was expected to tap Rubio, 53, to head the US State Department. The move to place a lawmaker known for his hawkish foreign policy views as the nation’s top diplomat has mollified concerns among some critics that the second Trump administration would adopt a more isolationist approach to international affairs.
“Marco is a Highly Respected Leader, and a very powerful Voice for Freedom. He will be a strong Advocate for our Nation, a true friend to our Allies, and a fearless Warrior who will never back down to our adversaries,” Trump said in an official statement. “I look forward to working with Marco to Make America, and the World, Safe and Great Again!”
Rubio issued a brief statement advocating an approach of “peace through strength” to international relations.
“As Secretary of State, I will work every day to carry out his foreign policy agenda. Under the leadership of President Trump we will deliver peace through strength and always put the interests of Americans and America above all else,” Rubio said on X/Twitter.
Since his election to the Senate in 2010, Rubio has developed a reputation as a foreign policy hawk, advocating for greater investments in the US military and a tougher approach to adversaries such as Iran, China, Cuba, and Venezuela.
Rubio’s policy views have previously resulted in conflict with more isolationist members of the Republican Party, who have argued that the US should step back from international conflicts and increase focus on domestic issues.
The selection of Rubio also indicates the incoming Trump administration will be diplomatically supportive of Israel.
In the year following the Palestinian terrorist group Hamas’s massacre across southern Israel last Oct. 7, Rubio has steadfastly signaled his support for the Jewish state, resisting calls for a ceasefire in Gaza and underscoring the importance of Israel achieving a decisive win against Hamas.
He stated in October 2023 that Israel has “no choice but to seek the complete eradication of Hamas in Gaza,” adding that “this tragically necessary effort will come at a horrifying price” and that “the price of failing to permanently eliminate this group of sadistic savages is even more horrifying.”
In May 2024, the senator cautioned that the conflict between Israel and Hezbollah, the Iran-backed terrorist organization in Lebanon, could soon break out into full-scale war.
“The imperative that Israel has at some point to address it, even though there’s a real threat there of a full-scale war with Hezbollah, which militarily is a lot more challenging and destructive,” Rubio said.
Last month, Rubio condemned Iran’s direct attack against Israel after the Iranian regime fired a barrage of nearly 200 ballistic missiles at the Jewish state.
“I urge the reimposition of a maximum pressure campaign against Iran and fully support Israel’s right to respond disproportionately to stop this threat. The United States will continue to stand with Israel,” Rubio said in a statement.
Rubio has also assigned blame to Iran for fomenting instability and chaos in the Middle East, adding that the regime has also acted as the “primary” oppressor of its own civilians.
“The primary source of violence, conflict, suffering, and instability in the Middle East is the criminal ‘Islamic Republic’ regime which has also oppressed the people of [Iran] for almost [45] years,” Rubio said on X/Twitter.
Beyond Rubio, Trump has also handpicked other administration members with pro-Israel bonafides. Rep. Elise Stefanik (R-NY), a lawmaker who has gone viral for her blistering repudiations of university presidents over their response campus antisemitism, has been selected to serve as ambassador to the United Nations. Trump also selected Rep. Mike Waltz (R-FL) to serve as his next national security adviser.
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Trump’s Top National Security Picks Have Expressed Strongly Pro-Israel, Anti-Iran Views
US President Donald Trump is interviewed by then-Fox and Friends co-host Pete Hegseth at the White House in Washington, US, April 6, 2017. Photo: REUTERS/Kevin Lamarque
US President-elect Donald Trump’s selections for national security adviser and defense secretary have a history of making statements in support of Israel’s right to defend itself from neighboring threats.
In the week following his resounding victory at the polls, Trump has swiftly moved to fill his incoming cabinet with allies of Israel.
Among his top national security picks, the president-elect has chosen US. Rep. Mike Waltz (R-FL) to serve as his national security adviser and nominated Fox News host and Army National Guard officer Pete Hegseth as the next secretary of defense.
Waltz, a Green Beret and former Pentagon policy adviser, has developed a hawkish reputation on foreign policy matters. He supported Israel’s retaliatory strikes against Iran in October, arguing that the Jewish state should target Kharg Island, a major hub of the regime’s oil exports. The representative also suggested that Israel attack Iran’s nuclear facilities outside of Tehran. The lawmaker has openly criticized the Biden administration for allegedly holding Israel back from a full force retaliation against Iran.
Waltz has also argued that the US should attempt to weaken Iran through sanctioning the Chinese buyers of Iranian oil, saying that isolating Iran economically would cripple their ability to finance the operations of terrorist groups such as Hamas, the Houthis, and Hezbollah. He has also helped spearhead bipartisan efforts to recategorize the Houthis in Yemen as an official international terrorist organization, a move that he argues would isolate the group by making financial transactions with them illegal.
On Tuesday, Trump raised eyebrows by tapping Hegseth to head the Pentagon. Hegseth, a former infantry officer in the Army National Guard deployed to the Iraq and Afghanistan wars, has repeatedly expressed affinity for Israel. Hegseth, a devout Christian, argued on television that Jews have a right to live in Israel on Biblical grounds. In his 2020 book, American Crusade, Our Fight to Stay Free, he stated that Israel is “central to the story of Western civilization” and that the Jewish state is “inextricably linked” to America.
“If you love America, you should love Israel. We share history, we share faith, and we share freedom. We love free people, free expression, and free markets,” he wrote. “And whereas America is blessed with two big, beautiful oceans to protect it, Israel is surrounded on all sides by countries that either used to seek, or still seek, to wipe the nation off the map.”
During a 2016 trip to Israel, Hegseth said that he was “struck by the pervasive sense of purpose which permeates Israel and its people who understand the special nature of its founding and defense.” He also said that America can “learn from Israel” and that the Jewish state “is indispensable for the future of the West and human freedom.”
Following the 2020 killing of Iranian General Qasem Soleimani, who headed the Quds Force responsible for overseeing Iran’s proxies and terrorist operations abroad, Hegseth urged then-President Trump to bomb Iran’s nuclear production facilities.
“I happen to believe that we can’t kick the can down the road any longer in trying to prevent Iran from getting a nuclear bomb. They used the killing of Soleimani as an excuse to say ‘we’re scrapping the Iran Deal.’ We all know they were scrapping it anyway,” Hegseth said on Fox News, adding that America should notify Iran of its plans to destroy its “nuclear production facilities,” “key infrastructure,” “missile sites,” and “port capabilities.”
Hegseth also argued that attempts to restrain Israel from direct confrontation with Iran are “ridiculous” and that the Islamic regime represents an “existential threat” to the Jewish state.
“Israel wants to deal with Iran, we should let them … If it was not for Israel, Iran would have had the bomb already,” he said.
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American Jewish Organizations React to Trump’s Choice for US Ambassador to Israel
Mike Huckabee looks on as Donald Trump reacts during a campaign event at the Drexelbrook Catering and Event Center, in Drexel Hill, Pennsylvania, US, Oct. 29, 2024. Photo: REUTERS/Brendan McDermid
American Jewish organizations were quick to react to US President-elect Donald Trump’s announcement that he would choose former Arkansas Gov. Mike Huckabee to be the next US ambassador to Israel after he assumes office in January.
“Mike has been a great public servant, governor, and leader in faith for many years. He loves Israel, and the people of Israel, and likewise, the people of Israel love him. Mike will work tirelessly to bring about peace in the Middle East!” Trump wrote in his announcement.
Huckabee, an evangelical Christian, has long been a vocal pro-Israel voice. He has repudiated the anti-Israel protests that erupted in the wake of Hamas’s massacre across southern Israel last Oct. 7 and criticized incumbent US President Joe Biden for sympathizing with anti-Israel protesters during his speech at the 2024 Democratic National Convention (DNC). The incoming ambassador also lambasted the anti-Israel encampments at elite universities, stating that there should be “outrage” over the targeting and mistreatment of Jewish college students.
Ted Deutch, the CEO of the American Jewish Committee (AJC), posted on X on Tuesday that his organization “looks forward to working with Gov. Huckabee and newly appointed Special Envoy for the Middle East Steven Witkoff to strengthen the US-Israel relationship, bolster Israel-diaspora relations, and promote strong connections between American Jewry and Israel.”
Other Jewish communal organizations, such as the Jewish Federations of North America and the Anti-Defamation League, have so far not made statements.
The Republican Jewish Committee (RJC) said it was “thrilled” with the choice. “As a man of deep faith,” the RJC wrote, “we know Governor Huckabee’s abounding love of Israel and its people is second to none.”
It continued, “As the Jewish state continues to fight an existential war for survival against Iran and its terrorist proxies, Governor Huckabee will represent America’s ironclad commitment to Israel’s security with distinction.”
On the other side, however, the Jewish Democratic Council of America (JDCA) called Huckabee “utterly unqualified for this role” and argued that “his extremist views with regard to the Israeli-Palestinian conflict will not further the national security interests of the United States or advance prospects for peace between Israelis and Palestinians.”
Huckabee told Israel’s Army Radio in his first interview since the announcement of his ambassadorship that “of course” the annexation of the West Bank is a possibility during Trump’s second presidential term.
“Unfortunately, when it comes to the US-Israel relationship,” the JDCA concluded, “Donald Trump will continue to only be motivated by his own narrow self-interest, and we’re deeply concerned about what that means for the United States and Israel.”
J Street also opposed the choice, writing in a statement that “Huckabee, a right-wing, evangelical minister with a long history of championing settlement expansion, annexation, and a radical ‘Greater Israel’ agenda, holds principles and espouses views that — if now implemented — would shatter the foundations on which a healthy and strong US-Israel relationship has been built over the past 75 years.”
J Street on Monday urged the Biden administration to withhold offensive weapons from Israel as part of a partial arms embargo, arguing that the United States needs to hold Israel accountable for alleged human rights “violations” before Trump takes office.
Huckabee has taken positions on the Israel-Palestinian conflict considered further to the right than most American Jews and politicians. The former governor has defended Israel’s right to build settlements in the West Bank, acknowledging the Jewish people’s ties to the land dating back to the ancient world.
“There is no such thing as the West Bank — it’s Judea and Samaria,” Huckabee has said, referring to the biblical names for the area. “There is no such thing as settlements — they’re communities, they’re neighborhoods, they’re cities. There is no such thing as an occupation.”
Huckabee has also argued, including during his 2008 US presidential campaign, that any future Palestinian state should be created from land in Arab countries, rather than from territory that Israel captured in 1967 during the Six-Day War.
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