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How the United Nations Enables Hamas
The body of a motorist lies on a road following a mass-infiltration by Hamas gunmen from the Gaza Strip, in Sderot, southern Israel October 7, 2023. REUTERS/Ammar Awad
The United Nations was founded to maintain international peace and security. But the UN subverts that goal when faced with terrorist groups like Hamas.
Hamas has waged war on Israel five times in 15 years, not counting thousands of one-off terror attacks. The group’s genocidal charter envisions the destruction of Israel — and even genocidal assaults on Jews everywhere — to avenge Allah, not to gain self-determination. The Palestinians already have self-determination, thanks to Israeli compromises in the Israeli-Palestinian Oslo Accords.
During each Hamas offensive, the group seizes military advantages through wholesale violations of international humanitarian law (IHL), also known as the laws of war. Most alarmingly, these religious fanatics target Israeli civilians, use Palestinian civilians as human shields, convert civilian buildings such as homes, schools, and hospitals into military positions, and take Israelis hostage. The four-part mixture of war crimes exploits Israel’s compliance with IHL. Specifically, Israeli commanders accept military setbacks because they willingly operate in a manner that protects Palestinian civilians.
To address this deadly IHL imbalance, the UN has a large workshop of disciplinary tools it could use. For example, because Hamas violates Common Article 3 of the Geneva Convention, which prohibits attacks on civilians, the UN Security Council could adopt a legally binding and enforceable resolution ordering Hamas to comply with the law. Alternatively, the UN could refer the IHL violation to its principal judicial organ, the International Court of Justice (ICJ). Similar measures before the UN and ICJ could enforce Article 57 of Additional Protocol I to the Geneva Conventions, which bans the use of human shields, and the International Convention Against Hostage Taking. The anti-terrorist laws already require all UN member states to prosecute terror suspects or extradite them for prosecution.
Unfortunately, the UN and many member states ignore the above mandates. No UN resolution has ever condemned Hamas for designing war strategies based on war crimes. The UN has never even declared Hamas a terrorist organization.
Over time, Hamas has capitalized on its IHL impunity by designing war plans with even more elaborate war crimes. Its fifth war, launched on October 7, 2023, produced an Industrial Revolution of IHL abuse. The primary innovation was to upgrade the Gaza terror tunnels into a complex underground fortress spanning 350 miles, while adding countless more civilian structures as warfighting sites. Essentially, Hamas turned Gaza into a giant human shield. It maximized the killing of Israelis by using drone technology for surveillance, shaped explosive charges to blast multiple holes in Gaza’s border fence, motorized paragliders to supplement the ground-based assault, and used cyberattacks. Consequently, the jihadists killed far more Israelis and captured many more hostages on October 7 than in any prior attack or war.
Individual IHL atrocities also grew more extreme. Babies murdered with bare hands. Decapitations. Rape with female genital mutilation. Families burned alive. Hostages tortured and starved.
Under the shield of UN passivity, Hamas even persecutes its own people. Ordinary Gazans have no voice in their governance and no civil liberties. Perceived dissidents are summarily killed. Because the Islamist gang enlarged the battleground of the current war to include all of Gaza, virtually the entire district is now destroyed. During bouts of combat, the gunmen warned Gazans not to enter Israeli-designated safe zones. Hamas operatives routinely stole humanitarian aid intended for the masses. Recently, crowds of Gazans became so desperate that they staged public protests. Hamas executed some of them and tortured others.
Hamas needlessly prolongs misery on both sides of the blood-soaked conflict, every day that it continues its hopeless military campaign against Israel.
The UN should have responded to Hamas’s fifth war on Israel by punishing Hamas for the lawless slaying of Israelis, the deaths of Palestinian human shields, and the hostage-taking. But ironically, the UN treated Israel as if it were the IHL culprit.
This cynical approach was a typical product of an anti-Western UN voting bloc, called the “automatic majority,” which scapegoats Israel relentlessly. No wonder the ICJ entertained a petition that absurdly accused Israel of genocide. Remarks of the UN rapporteur for the Israeli-Palestinian conflict were so antisemitic that she compared Israel to Nazi Germany, claimed the US was controlled by “the Israel lobby,” and implied that the October 7 massacre was justified.
The UN office for humanitarian affairs parroted Hamas’ falsified casualty statistics. The UN agency authorized to give Palestinians humanitarian aid employed members of Hamas and failed, whether through negligence or design, to stop them from looting the aid. Although a few toothless UN resolutions pushed for ceasefires, they falsely branded Hamas and Israel as equally responsible for the violence.
Last year, a world body that cooperates with the UN threatened to restrain Hamas. The International Criminal Court issued arrest warrants for certain Hamas leaders. However, there was no ICC follow-up when those leaders were subsequently eliminated. The court’s motives were suspect because, even as it failed to act against Hamas, it sought to arrest Israeli officials despite worldwide complaints that it lacked jurisdiction over Israel.
Had the UN done its job, Hamas might be disarmed today. Israelis would not be suffering in captivity. Gaza would still be intact. If the UN continues to countenance IHL-exploiting war plans, Hamas and/or other terrorists will continue to make a mockery of IHL. At some point, the systemic criminality may force countries like Israel to adjust their IHL compliance strategies by doing more to protect their own civilians and less to protect others, something a fair reading of IHL would permit. This race to the bottom would only erode the value of IHL.
Joel M. Margolis is the Legal Commentator, American Association of Jewish Lawyers and Jurists, US Affiliate of the International Association of Jewish Lawyers and Jurists. His 2021 book, The Israeli-Palestinian Legal War, analyzed the major legal issues in the Israeli-Palestinian conflict.
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Israel to Issue 54,000 Call-Up Notices to Ultra-Orthodox Students
Haredi Jewish men look at the scene of an explosion at a bus stop in Jerusalem, Israel, on Nov. 23, 2022. Photo: Reuters/Ammar Awad
Israel’s military said it would issue 54,000 call-up notices to ultra-Orthodox Jewish seminary students following a Supreme Court ruling mandating their conscription and amid growing pressure from reservists stretched by extended deployments.
The Supreme Court ruling last year overturned a decades-old exemption for ultra-Orthodox students, a policy established when the community comprised a far smaller segment of the population than the 13 percent it represents today.
Military service is compulsory for most Israeli Jews from the age of 18, lasting 24-32 months, with additional reserve duty in subsequent years. Members of Israel’s 21 percent Arab population are mostly exempt, though some do serve.
A statement by the military spokesperson confirmed the orders on Sunday just as local media reported legislative efforts by two ultra-Orthodox parties in Prime Minister Benjamin Netanyahu’s coalition to craft a compromise.
The exemption issue has grown more contentious as Israel’s armed forces in recent years have faced strains from simultaneous engagements with Hamas in Gaza, Hezbollah in Lebanon, Houthis in Yemen, and Iran.
Ultra-Orthodox leaders in Netanyahu’s brittle coalition have voiced concerns that integrating seminary students into military units alongside secular Israelis, including women, could jeopardize their religious identity.
The military statement promised to ensure conditions that respect the ultra-Orthodox way of life and to develop additional programs to support their integration into the military. It said the notices would go out this month.
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Influential Far-Right Minister Lashes out at Netanyahu Over Gaza War Policy
Israeli Finance Minister Bezalel Smotrich attends an inauguration event for Israel’s new light rail line for the Tel Aviv metropolitan area, in Petah Tikva, Israel, Aug. 17, 2023. Photo: REUTERS/Amir Cohen
Israel’s far-right Finance Minister Bezalel Smotrich sharply criticized on Sunday a cabinet decision to allow some aid into Gaza as a “grave mistake” that he said would benefit the terrorist group Hamas.
Smotrich also accused Prime Minister Benjamin Netanyahu of failing to ensure that Israel’s military is following government directives in prosecuting the war against Hamas in Gaza. He said he was considering his “next steps” but stopped short of explicitly threatening to quit the coalition.
Smotrich’s comments come a day before Netanyahu is due to hold talks in Washington with President Donald Trump on a US-backed proposal for a 60-day Gaza ceasefire.
“… the cabinet and the Prime Minister made a grave mistake yesterday in approving the entry of aid through a route that also benefits Hamas,” Smotrich said on X, arguing that the aid would ultimately reach the Islamist group and serve as “logistical support for the enemy during wartime”.
The Israeli government has not announced any changes to its aid policy in Gaza. Israeli media reported that the government had voted to allow additional aid to enter northern Gaza.
The prime minister’s office did not immediately respond to a Reuters request for comment. The military declined to comment.
Israel accuses Hamas of stealing aid for its own fighters or to sell to finance its operations, an accusation Hamas denies. Gaza is in the grip of a humanitarian catastrophe, with conditions threatening to push nearly a half a million people into famine within months, according to U.N. estimates.
Israel in May partially lifted a nearly three-month blockade on aid. Two Israeli officials said on June 27 the government had temporarily stopped aid from entering north Gaza.
PRESSURE
Public pressure in Israel is mounting on Netanyahu to secure a permanent ceasefire, a move opposed by some hardline members of his right-wing coalition. An Israeli team left for Qatar on Sunday for talks on a possible Gaza hostage and ceasefire deal.
Smotrich, who in January threatened to withdraw his Religious Zionism party from the government if Israel agreed to a complete end to the war before having achieved its objectives, did not mention the ceasefire in his criticism of Netanyahu.
The right-wing coalition holds a slim parliamentary majority, although some opposition lawmakers have offered to support the government from collapsing if a ceasefire is agreed.
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Australia Police Charge Man Over Alleged Arson on Melbourne Synagogue
Australia’s Prime Minister Anthony Albanese speaks to the media during a press conference with New Zealand’s Prime Minister Christopher Luxon at the Australian Parliament House in Canberra, Australia, Aug. 16, 2024. Photo: REUTERS/Tracey Nearmy
Australian police have charged a man in connection with an alleged arson attack on a Melbourne synagogue with worshippers in the building, the latest in a series of incidents targeting the nation’s Jewish community.
There were no injuries to the 20 people inside the East Melbourne Synagogue, who fled from the fire on Friday night. Firefighters extinguished the blaze in the capital of Victoria state.
Australia has experienced several antisemitic incidents since the start of the Israel-Gaza war in October 2023.
Counter-terrorism detectives late on Saturday arrested the 34-year-old resident of Sydney, capital of neighboring New South Wales, charging him with offenses including criminal damage by fire, police said.
“The man allegedly poured a flammable liquid on the front door of the building and set it on fire before fleeing the scene,” police said in a statement.
The suspect, whom the authorities declined to identify, was remanded in custody after his case was heard at Melbourne Magistrates Court on Sunday and no application was made for bail, the Australian Broadcasting Corp reported.
Authorities are investigating whether the synagogue fire was linked to a disturbance on Friday night at an Israeli restaurant in Melbourne, in which one person was arrested for hindering police.
The restaurant was extensively damaged, according to the Executive Council of Australian Jewry, an umbrella group for Australia’s Jews.
It said the fire at the synagogue, one of Melbourne’s oldest, was set as those inside sat down to Sabbath dinner.
Israeli President Isaac Herzog went on X to “condemn outright the vile arson attack targeting Jews in Melbourne’s historic and oldest synagogue on the Sabbath, and on an Israeli restaurant where people had come to enjoy a meal together”.
“This is not the first such attack in Australia in recent months. But it must be the last,” Herzog said.
Israeli Prime Minister Benjamin Netanyahu described the incidents as “severe hate crimes” that he viewed “with utmost gravity.” “The State of Israel will continue to stand alongside the Australian Jewish community,” Netanyahu said on X.
Australian Prime Minister Anthony Albanese late on Saturday described the alleged arson, which comes seven months after another synagogue in Melbourne was targeted by arsonists, as shocking and said those responsible should face the law’s full force.
“My Government will provide all necessary support toward this effort,” Albanese posted on X.
Homes, schools, synagogues and vehicles in Australia have been targeted by antisemitic vandalism and arson. The incidents included a fake plan by organized crime to attack a Sydney synagogue using a caravan of explosives in order to divert police resources, police said in March.
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