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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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US Democrats Demand Release of Pro-Hamas Columbia University Activist Mahmoud Khalil From ICE Detention
US Rep. Rashida Tlaib (D-MI) addresses attendees as she takes part in a protest calling for a ceasefire in Gaza outside the US Capitol, in Washington, DC, US, Oct. 18, 2023. Photo: REUTERS/Leah Millis
Democrats in the US Congress are largely defending a leading anti-Israel agitator at Columbia University in New York following news of his arrest and detainment by US Immigration and Customs Enforcement (ICE).
Mahmoud Khalil, a Palestinian from Syria who completed post-graduate studies at Columbia in December, was apprehended by federal authorities on Saturday night and transported to an immigration jail in Louisiana. The pro-Hamas activist was informed that his green card had been revoked and that he would be deported from the United States.
In a statement, the US Department of Homeland Security said ICE agents arrested Khalil “in support of” an executive order signed by US President Donald Trump aimed at combating antisemitism on university campuses.
“Khalil led activities aligned to Hamas, a designated terrorist organization. ICE and the Department of State are committed to enforcing President Trump’s executive orders and to protecting US national security,” the department said.
US President Donald Trump defended Khalil’s arrest and said it will be the first of many.
“We know there are more students at Columbia and other universities across the country who have engaged in pro-terrorist, antisemitism, anti-American activity, and the Trump administration will not tolerate it,” Trump said in a post on Truth Social. “Many are not students; they are paid agitators. We will find, apprehend, and deport these terrorist sympathizers from our country — never to return again.”
However, a federal judge in New York City on Monday ordered that Khalil not be deported by the Trump administration until the court ruled on a lawsuit presented by his lawyers. According to ICE, the activist is currently being held at the Lasalle Detention facility in Louisiana. Khalil’s case is set to be heard on Wednesday.
Many observers criticized Khalil’s arrest and detainment, arguing that the Trump administration both violated his right to due process and undermined free speech. Critics also argued that the Trump administration does not possess the right to unilaterally revoke green cards from legal residents.
Congressional Democrats largely condemned the ICE arrest of Khalil, arguing that the Trump administration should release the pro-Hamas activist immediately.
“The warrantless arrest of any legal permanent resident seemingly solely over their speech is a chilling, McCarthyesque action in response to the exercise of first amendment rights to free speech,” said Rep. Jerry Nadler (D-NY).
Sen. Dick Durbin (D-IL), ranking member of the Senate Judiciary Committee, lambasted the arrest, posted on social media that detaining a legal resident “for exercising his right to free speech is something we’d expect from Russia — NOT AMERICA [sic].”
The official BlueSky account of the Democrats on the Senate Judiciary Committee accused the Trump administration of seeking retribution against Khalil for expressing “his First Amendment rights in a way Donald Trump didn’t like” and condemned the White House for practicing “straight up authoritarianism.”
Rep. Rashida Tlaib (D-MI), one of the most outspoken critics against Israel in Congress, said that Khalil’s arrest is part of a broader effort “to shred our constitutional rights to free speech and due process.” In addition, Tlaib spearheaded a letter to US Secretary of Homeland Security Kristi Noem, demanding that Khalil be “freed from DHS custody immediately.” Thirteen other Democrats signed the letter.
The letter argued that Khalil has “not been charged or convicted of any crime” and that the Trump administration targeted him “solely for his activism and organizing as a student leader,” as well as his efforts in opposing Israel’s “brutal assault of the Palestinian people in Gaza.” The missive also claimed that the arrest of Khalil represents another example of the Trump administration’s purported “anti-Palestinian racism” and accused the White House of trying to dismantle the “Palestine solidarity movement in this country.” The lawmakers warned that the Trump administration’s tactics against Khalil “will be applied to any and all opposition to his undemocratic agenda.”
Some observers noted out that Rep. Alexandria Ocasio-Cortez (D-NY), one of the most vocal opponents of the Jewish state in the US Congress, did not sign onto the letter calling for Khalil’s release. Though Ocasio-Cortez has spoken out in defense of Khalil, some on the political left have repudiated her for not taking more strident anti-Israel stances in the 16 months following Hamas’s Oct. 7, 2023, invasion of Israel. The lawmaker came under fire by some of the political left last summer for calling for the release of the Israeli hostages kidnapped by Hamas to Gaza.
Sen. Peter Welch (D-VT) also repudiated the arrest, writing that Khalil is “entitled to First Amendment protections like everyone in this country.”
Despite the widespread backlash over Khalil’s arrest, many congressional Republicans praised the announcement, arguing that the Trump administration has taken aggressive action to protect Jewish Americans and clamp down on antisemitism.
While at Columbia, Khalil spearheaded multiple pro-Hamas demonstrations on campus. He was a participant in Columbia University Apartheid Divest (CUAD), a constellation of 100 anti-Israel campus organizations calling for the Ivy League institution to cut ties with the Jewish state.
In the aftermath of Khalil’s arrest, video circulated online showing the activist leading a takeover of a campus building at neighboring Barnard College. During the unsanctioned demonstration, activists spread pamphlets glorifying the Hamas Oct. 7 massacres across southern Israel.
In addition, Khalil helped lead the infamous Hamilton Hall takeover on Columbia’s campus in the final weeks of the 2023-2024 school year.
US Speaker of the House Rep. Mike Johnson (R-LA) defended Khalil’s arrest, saying, “If you are on a student visa and you’re an aspiring young terrorist who wants to prey upon your Jewish classmates, you’re going home.”
Sen. Tom Cotton (R-AK) condemned Democrats for “fighting for a pro-Hamas foreigner who has made life hell for Jews on campus.”
Sen. Markwayne Mullin (R-OK) also lauded the detainment of Khalil, writing that “obtaining a US visa is a privilege, not a right. Friends of Hamas — don’t let the door hit you on the way out.”
In the year following the Hamas-led Oct. 7 slaughters across Israel, Columbia University has emerged as a hotbed of anti-Israel student activism. Last spring, anti-Israel students and faculty erected a student encampment, protesting the university’s ties to the Jewish state. Moreover, Columbia has suffered an exodus of financial support from Jewish donors and alumni, alleging that the university has dragged its feet in combating antisemitism on campus.
Last week, the Trump administration cut $400 million in grants originally intended for Columbia, arguing that the university has not done enough to protect Jewish students. Mounting pressure from the Trump administration reportedly caused the university to collaborate with ICE to detain Khalil.
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Iran’s President to Trump: I Will Not Negotiate, ‘Do Whatever the Hell You Want’
Iran’s President Masoud Pezeshkian attends a press conference in Tehran, Iran, Sept. 16, 2024. Photo: WANA (West Asia News Agency)/Majid Asgaripour via REUTERS
President Masoud Pezeshkian said Iran would not negotiate with the US while being threatened, telling President Donald Trump to “do whatever the hell you want,” Iranian state media reported on Tuesday.
“It is unacceptable for us that they [the US] give orders and make threats. I won’t even negotiate with you. Do whatever the hell you want,” state media quoted Pezeshkian as saying.
Iran’s Supreme Leader Ayatollah Ali Khamenei said on Saturday that Tehran would not be bullied into negotiations, a day after Trump said he had sent a letter urging Iran to engage in talks on a new nuclear deal.
While expressing openness to a deal with Tehran, Trump has reinstated the “maximum pressure” campaign he applied in his first term as president to isolate Iran from the global economy and drive its oil exports down towards zero.
In an interview with Fox Business, Trump said last week, “There are two ways Iran can be handled: militarily, or you make a deal” to prevent Tehran from acquiring nuclear weapons.
Iran has long denied wanting to develop a nuclear weapon. However, it is “dramatically” accelerating enrichment of uranium to up to 60 percent purity, close to the roughly 90 percent weapons-grade level, the UN’s nuclear watchdog, the IAEA, has warned.
Iran has accelerated its nuclear work since 2019, a year after then-President Trump ditched Tehran’s 2015 nuclear pact with six world powers and reimposed sanctions that have crippled the country’s economy.
The post Iran’s President to Trump: I Will Not Negotiate, ‘Do Whatever the Hell You Want’ first appeared on Algemeiner.com.
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Syrians Riot in Front of Jewish Museum in Munich Amid Rise in Antisemitic Incidents
Illustrative: Pro-Hamas demonstrators marching in Munich, Germany. Photo: Reuters/Alexander Pohl
Three young Syrian men rioted in front of the Jewish Museum in Munich this past weekend, spitting on photographs of Israeli hostages and deceased soldiers before one of the assailants threatened security personnel with a knife.
The incident, first reported by German media, was one of the latest antisemitic cases in a country that has experienced a surge in open hatred toward Jews since the start of the Israel-Hamas war.
During the Gaza conflict, the Jewish Museum has displayed photographs of hostages taken by Hamas-led Palestinian terrorists during their Oct. 7, 2023, invasion of southern Israel as well as deceased Israeli soldiers, along with candles, to honor and remember them.
On Saturday afternoon, three men — Syrian citizens living in Austria — vandalized the memorial by spitting on it while shouting antisemitic slogans, the German newspapers Süddeutsche Zeitung and Jüdische Allgemeine reported.
After witnessing the attack, two employees from the Jewish community’s security service tried to stop the assailants, who responded aggressively. One of the three men, a 19-year-old, allegedly kicked one of the employees before drawing a knife.
Several police officers assigned to protect the Jewish Center, located next to the museum, noticed the incident and intervened. Soon afterward, more than 30 officers arrived at the scene. Police and security guards had to threaten to use their firearms before the teenager dropped the knife.
According to local police, the man and his two accomplices, a 20-year-old and a 31-year-old, have all been arrested and are under investigation for threats, assault, defamation, and insulting the memory of the deceased.
The Munich Public Prosecutor’s Office has taken over the case, with senior prosecutor Andreas Franck, who also serves as the antisemitism commissioner of the Bavarian judiciary, overseeing the case.
Germany has experienced a sharp spike in antisemitism since Hamas’s Oct. 7 massacre across southern Israel, amid the ensuing war in Gaza.
In just the first six months of 2024 alone, the number of antisemitic incidents in Berlin surpassed the total for all of the prior year and reached the highest annual count on record, according to Germany’s Federal Association of Departments for Research and Information on Antisemitism (RIAS).
The figures compiled by RIAS were the highest count for a single year since the federally-funded body began monitoring antisemitic incidents in 2015, showing the German capital averaged nearly eight anti-Jewish outrages a day from January to June last year.
According to the Anti-Defamation League (ADL), police registered 5,154 antisemitic incidents in Germany in 2023, a 95 percent increase compared to the previous year.
However, experts believe that the true number of incidents is much higher but not recorded because of reluctance on the part of the victims.
“Only 20 percent of the antisemitic crimes are reported, so the real number should be five times what we have,” Felix Klein, the German federal government’s chief official dealing with antisemitism, told The Algemeiner in an interview in 2023.
Earlier this year, German Chancellor Olaf Scholz condemned the ongoing discrimination faced by the Jewish community, calling it “outrageous and shameful.”
Last month, Germany’s federal parliament, the Bundestag, passed a motion to address antisemitism and hostility toward Israel in schools and universities, seeking to combat a surge in pro-Hamas demonstrations on campuses and antisemitic incidents across the country.
Jewish students at German universities widely expressed a growing sense of insecurity and uneasiness following Hamas’s Oct. 7 invasion of southern Israel, amid a slew of incidents purportedly meant to protest the war in Gaza.
The recently passed parliamentary motion stipulates that the federal government — in collaboration with the ministers of education and the German Rectors’ Conference, an association of state and state-recognized universities — must ensure that antisemitic behavior in educational institutions results in sanctions.
“This includes the consistent enforcement of house rules, temporary exclusion from classes or studies, and even … expulsion,” the motion reads.
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