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ICC Prosecutor Wants to Rob Israel of Its Legitimate Right to Self Dense
On Monday, International Criminal Court (ICC) Prosecutor Karim A.A. Khan KC sought arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Israeli Defense Minister Yoav Gallant.
Members of Congress from both parties have quickly condemned this action from ICC. Democratic Representative Ritchie Torres (NY) said:
The decision to seek arrest warrants is not law but politics. It is not justice but rather retribution against Israel for the original sin of existing as a Jewish State and the subsequent sin of defending itself amid the deadliest day for Jews since the Holocaust.
Today’s decision in effect makes it criminal for a state like Israel to defend itself against an enemy shrewd enough to embed itself in a civilian population, as Hamas has done to an extent never seen before in the history of warfare.
Republican Representative Elise Stefanik (NY) said, “The ICC is an illegitimate court that [equates] a peaceful nation protecting its right to exist with radical terror groups that commit genocide.” International legal expert Eugene Kontorovich explained that, “Diplomatically, it is an attempt to create moral equivalence between Hamas and Israel.”
As will be discussed below, the ICC prosecutor’s factual allegations have no basis. Indeed, Israel’s enemies have sought to use the ICC against it long before the October 7 war began. The recent actions of the ICC prosecutor merely highlight that Court’s illegitimacy and the way that the Jewish State is persecuted in international forums that are functionally controlled by Israel’s enemies.
Like most intergovernmental institutions, the ICC is the subject of the political whims of the undemocratic majority of states. Its very founding document, the Rome Statute, was even altered at the demand of Arab and Islamic states in order to invent a new “war crime” aimed at criminalizing Israeli settlements.
This weaponization of the ICC against the Jewish state is now on full display. Just in order to claim jurisdiction over Israel — which is not a party to the Rome Statute –the ICC had to invent two legal fantasies: (1) it had to pretend that the Palestine Liberation Organization is actually a “state,” and (2) it had to pretend that a treaty can bind actual states that never signed onto the treaty.
To justify these fictions, the ICC relied in large part on the meaningless, non-binding, and political recommendations of the same body that once declared “Zionism is a form of racism.” It did so all while ignoring actual international law that clearly articulates the criteria for statehood, of which the PLO undeniably falls short.
Monday’s actions by the Prosecutor threaten not only Israel. They amounts to a power grab, in which Prosecutor Karim Khan has decided his judgment supersedes that of democratic governments.
The ICC, according to its own rules, is meant to act only as a court of last resort; that is, the ICC is only supposed to get involved when a state is unable or unwilling to investigate allegations itself. This is a high bar for a prosecutor. Israel has one of the most robust and independent judicial systems in the world, including its highly respected Supreme Court. The IDF itself maintains arguably the most professional and independent system of legal advisors and reviewers, who regularly take on incidents for investigation and prosecution.
If Israel’s independent and professional legal system isn’t sufficient for Khan, then no legal system is. This would open all democracies engaged in self-defense to lawfare waged by bad actors and second guessing by a rogue prosecutor, including, potentially, the US.
The allegations against Netanyahu and Gallant are factually baseless. The first is “Starvation of civilians as a method of warfare as a war crime contrary to article 8(2)(b)(xxv) of the [Rome] Statute.”
As international law expert Eugene Kontorovich explained early in the war, “siege is a ‘legitimate’ and ordinary part of lawful war … An army need not help its enemy obtain provisions during a conflict. When military objectives and civilians are intermingled, siege aimed at the former also will affect the latter. As with other situations of collateral damage to civilians, international law permits a siege as long as it isn’t ‘for the purpose of denying sustenance to the civilian population.’ There is no indication that Israel has any strategy of starving out civilians.”
Despite the legality of such a siege, beginning on October 18 — only 11 days after Hamas’ barbaric attack, as the full reality of how many people had been killed and how many taken hostage was still being absorbed — Israel agreed to allow aid into Gaza and has allowed sufficient aid in ever since. Israel also restarted supplying Gaza with water on October 15.
While there may have been isolated cases of individuals with underlying medical problems being malnourished, and certainly Hamas obstructs distribution of food aid, there is no wide-scale starvation occurring.
The Gaza Ministry of Health claims that since the start of the war, 32 individuals have died of malnutrition and dehydration, or .0015 percent of the population. Of course no one wants anyone, in Gaza or elsewhere, to die of starvation, but to put this in perspective, this does not come close to comparing with places in which actual famines have occurred, and rather is at about the same level as France.
A senior Israeli defense official told The Jerusalem Post, “most of the food that Israel has been sending into the Strip has ‘immediately been taken by Hamas terrorists, who then sell some of the supplies for ten times more than what it’s worth,’” and a former senior Israeli defense official told the Post, “there is no food shortage in Gaza; there are those who are hungry since Hamas has taken all of the food and they don’t have enough money to pay Hamas on the black market.” This tactic serves a dual purpose for Hamas: it enriches the terror group while providing the fodder exactly for ICC allegations like this one.
In particular, in light of last week’s discovery of 50 cross-border tunnels from Rafah into Egypt, which certainly could have been used to bring in food as easily as any other materials had that been necessary, blaming Israel for any difficulty in food distribution simply doesn’t hold up to the facts. If in fact the population was starving, why didn’t they bring in food through those cross-border tunnels?
The ICC Prosecutor has also made allegations of “Willfully causing great suffering, or serious injury to body or health contrary to article 8(2)(a)(iii), or cruel treatment as a war crime contrary to article 8(2)(c)(i); Wilful killing contrary to article 8(2)(a)(i), or Murder as a war crime contrary to article 8(2)(c)(i); Intentionally directing attacks against a civilian population as a war crime contrary to articles 8(2)(b)(i), or 8(2)(e)(i); Extermination and/or murder contrary to articles 7(1)(b) and 7(1)(a), including in the context of deaths caused by starvation, as a crime against humanity.”
Multiple legal experts have attested to the fact that Israel uses all means possible to avoid harm to civilians. Just last week, John Spencer, the chair of urban warfare studies with the Modern War Institute at West Point, told CNN, “I can say with very strong confidence that Israel has done everything the US military has ever done in the history of urban combat and things that we’ve never done, implementing every civilian harm mitigation technique that has been developed in the last 30 years despite Hamas’ tactics.”
And Brigadier General (Ret) Mark Kimmitt, former Assistant Secretary of State for political-military affairs and deputy assistant secretary of defense for the Middle East, has detailed the “extensive procedures the IDF uses to enforce tough standards aimed at minimizing civilian deaths and protecting infrastructure.”
The remaining allegations, “Persecution as a crime against humanity contrary to article 7(1)(h); Other inhumane acts as crimes against humanity contrary to article 7(1)(k),” are too vague to be meaningful.
Hamas is still holding about 129 hostages, including a one-year old baby, and its unknown how many are dead and how many are living. Yet, the ICC prosecutor seeks to tie Israel’s hands to prevent it from taking the necessary actions to recover them.
On October 7, Israel was attacked with a barbarity not seen since medieval times. It is fighting this war, not by choice, but out of necessity for its survival. To have its defensive war characterized in this manner, as “extermination” or “murder” and used to justify international legal action against its leaders, is to twist morality on its head in the cruelest possible way.
In any war, there will be civilian casualties. But extrapolating from the existence of civilian casualties that Israel has “willfully” caused more suffering or death than necessary to achieve its lawful military aims, or that it has intentionally directed attacks against civilians, is to characterize any war that Israel fights as a genocide or a war crime and to effectively rob it of its legitimate right to self-defense.
Karen Bekker is the Assistant Director in the Media Response Team at CAMERA, the Committee for Accuracy in Middle East Reporting and Analysis. David Litman is a Research Analyst at CAMERA. A version of this article appeared on the CAMERA website.
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In Reversal, Trump Says Russia Attacked Ukraine
US President Donald Trump and Russia’s President Vladimir Putin shake hands as they meet in Helsinki, Finland, July 16, 2018. Photo: REUTERS/Kevin Lamarque
President Donald Trump reversed course on Friday and said Russia did in fact invade Ukraine, and that Kyiv would soon sign a minerals agreement with the United States as part of efforts to end the Ukraine war.
Trump had said on Tuesday that Ukraine “should have never started” the war three years ago, prompting a wave of criticism both domestically and internationally. Pressed on the subject in an interview with Fox News Radio on Friday, he acknowledged Russia had invaded Ukraine on the order of Russian President Vladimir Putin.
“Russia attacked, but they shouldn’t have let him attack,” Trump said, adding that Ukraine President Volodymyr Zelensky and then-US President Joe Biden should have taken steps to avert the invasion.
Later, Trump predicted a minerals agreement would be reached soon.
“We’re signing an agreement, hopefully in the next fairly short period of time,” Trump told reporters in the Oval Office when asked about a possible deal for Ukraine’s minerals.
Zelensky said separately on Friday that Ukrainian and US teams were working on a draft agreement. “I am hoping for … a fair result,” he said in a video address after sharp exchanges this week between the two leaders.
Trump denounced Zelensky as a “dictator” on Wednesday and warned he had to move quickly to secure peace with Russia, which invaded Ukraine nearly three years ago, or risk losing his country.
The change in tone from the United States, Ukraine’s most important backer, has alarmed European officials and stoked fears that Kyiv could be forced into a peace deal that favors Putin.
Zelensky had said Trump was trapped in a “disinformation bubble,” but later toned down his statements and said he was hoping for American pragmatism.
Zelensky on Wednesday rejected US demands for $500 billion in mineral wealth from Ukraine to repay Washington for wartime aid, saying the United States had supplied nowhere near that sum so far and offered no specific security guarantees in the agreement.
Ukraine has valuable deposits of strategic minerals that the US wants. These include uranium, lithium, cobalt, rare earths and more and are used in applications such as batteries, technology and aerospace.
‘THEY DON’T HAVE ANY CARDS’
Speaking at a White House event earlier on Friday, Trump was critical of Zelensky while refraining from negative comments about Putin.
“I’ve had very good talks with Putin, and I’ve had not such good talks with Ukraine,” Trump said. “They don’t have any cards, but they’re playing tough.”
Separately, the United States on Friday proposed a United Nations resolution to mark the third anniversary of Russia’s invasion of Ukraine. The three-paragraph US draft, seen by Reuters, mourns loss of life during the “Russia-Ukraine conflict” and “implores a swift end to the conflict.”
Kyiv and its European allies want their own text to be adopted by the UN General Assembly on Monday calling for de-escalation, an early cessation of hostilities and peaceful resolution to the conflict.
The German government said on Friday that Chancellor Olaf Scholz and Zelensky agreed in a phone call that Ukraine must have a seat at the table in peace talks.
Polish President Andrzej Duda, meanwhile, urged Zelensky to keep up calm and constructive cooperation with Trump.
Duda, whose term in office expires this year, was one of Trump’s preferred international partners during his 2017-2021 presidency and they have described themselves as friends.
Poland’s president is due to meet Trump in Washington on Saturday, Poland’s state news agency PAP reported.
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Syrian Refugee Arrested After Berlin Stabbing as Germany Prepares to Vote
Police officers work at the Berlin Holocaust memorial after a suspected knife attack, February 21, 2025. Photo: REUTERS/Fabrizio Bensch
A Syrian refugee arrested over the stabbing of a tourist at Berlin’s Holocaust memorial had been planning “to kill Jews,” prosecutors said on Saturday, the day before an election which is expected to see a surge in support for the anti-migrant AfD.
The 19-year-old suspect appears to have been planning to kill Jews for several weeks – apparently motivated by the Middle Eastern conflict – which is why he chose this location, the prosecutors said in a statement.
Police arrested the suspect, whose hands and trousers were smeared with blood, shortly after the stabbing on Friday evening.
He was found to be carrying a prayer rug, a Quran, a note with verses from the Quran dated the previous day, and the suspected weapon in his backpack, which suggests a religious motivation, the prosecutors’ statement said.
The 30-year-old Spanish tourist underwent emergency surgery after sustaining injuries to his neck and was placed in an induced coma, the statement added, although he was no longer in a life-threatening condition.
Campaigning for Sunday’s election has been marred by a series of high-profile attacks in which the suspects are from migrant backgrounds, shifting the focus away from Germany’s ailing economy and boosting support for the far-right Alternative for Germany. Opinion polls show the AfD is on track to secure second place behind the conservative CDU/CSU bloc.
A January stabbing in which two people were killed, including a toddler, was blamed on an Afghan immigrant, prompting the CDU/CSU bloc to break a taboo on cooperating with the far right to push a motion cracking down on migration through parliament with the AfD’s support.
In December, a Saudi man who had lived in Germany for years, and whose social media posts indicated he sympathized with the AfD, rammed a car into a Christmas market, killing six and injuring hundreds.
The Holocaust memorial, one of the German capital’s most sacred sites, commemorates the six million Jews murdered by Adolf Hitler’s Nazis during World War Two, one of the darkest episodes in human history and a continuing focus of German historical atonement.
Interior Minister Nancy Faeser of the center-left Social Democrats, who have been accused of not doing enough for German security, said the perpetrator must be punished with the full severity of the law and immediately deported from prison.
“We will use all available means to deport violent offenders back to Syria,” she said. “Anyone who commits such acts and so disgustingly abuses the protection offered in Germany has forfeited any right to remain in our country.”
There is, so far, no evidence linking the suspect in Friday’s stabbing to any other persons or organizations, prosecutors said.
The suspect, who arrived in Germany as an unaccompanied minor, had no prior criminal record in Berlin and was previously unknown to both the police and the judicial authorities.
He was, however, known to police in the eastern state of Saxony, where he lived, for minor offenses related to general criminal activity, Bild newspaper cited the Saxon interior ministry as saying. The ministry did not reply to a request for comment.
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US Piles Pressure on Iraq to Resume Kurdish Oil Exports
FILE PHOTO: An oil field is seen in Kirkuk, Iraq October 18, 2017. Photo: REUTERS/Alaa Al-Marjani/File Photo
US President Donald Trump’s administration is piling pressure on Iraq to allow Kurdish oil exports to restart or face sanctions alongside Iran, eight sources with direct knowledge of the matter told Reuters.
An advisor to the Iraqi prime minister denied in a statement there had been a threat of sanctions or pressure on the government during its communications with the US administration.
A speedy resumption of exports from Iraq’s semi-autonomous Kurdistan region would help to offset a potential fall in Iranian oil exports, which Washington has pledged to cut to zero as part of Trump’s “maximum pressure” campaign against Tehran.
The US government has said it wants to isolate Iran from the global economy and eliminate its oil export revenues in order to slow Iran’s development of a nuclear weapon.
Iraq’s oil minister made a surprise announcement on Monday that exports from Kurdistan would resume next week. That would mark the end of a near two-year dispute that has cut flows of more than 300,000 barrels per day (bpd) of Kurdish oil via Turkey to global markets.
Reuters spoke to eight sources in Baghdad, Washington and Erbil, the capital of Iraqi Kurdistan, who said that mounting pressure from the new US administration was a key driver behind Monday’s announcement.
All of the sources declined to be named due to the sensitivity of the issue.
Iran views its neighbor and ally Iraq as vital for keeping its economy afloat amidst sanctions. But Baghdad, a partner to both the United States and Iran, is wary of being caught in the crosshairs of Trump’s policy to squeeze Tehran, the sources said.
Trump wants Iraqi Prime Minister Mohammed Shia al-Sudani to sever economic and military ties with Iran. Last week, Reuters reported that Iraq’s central bank blocked five more private banks from dollar access at the request of the U.S. Treasury.
Iraq’s announcement on export resumption was hurried and lacked detail on how it would address technical issues that need to be resolved before flows can restart, four of the eight sources also.
Iran wields considerable military, political and economic influence in Iraq through its powerful Shi’ite militias and the political parties it backs in Baghdad. But the increased US pressure comes at a time when Iran has been weakened by Israel’s attacks on its regional proxies.
Farhad Alaaldin, a foreign affairs adviser to the Iraqi prime minister, said in a statement there was no U.S. threat to impose sanctions if oil exports were not resumed. He noted Iraq’s parliament had already passed a law establishing a price for the oil and it was down to the companies involved to start pumping it to the pipeline.
“Decisions related to the management of national resources are taken in accordance with Iraqi sovereignty and in a way that serves the country’s economic interests,” he said.
CURB SMUGGLING
With the pipeline taking Kurdish crude to the Turkish port of Ceyhan closed since 2023, the smuggling of Kurdish oil to Iran by truck has flourished. The US is urging Baghdad to curb this flow, six of the eight sources said.
Reuters reported in July that an estimated 200,000 barrels per day of cut-price crude was being smuggled from Kurdistan to Iran and, to a lesser extent, Turkey by truck. The sources said the exports remained at around that level.
“Washington is pressuring Baghdad to ensure Kurdish crude is exported to global markets through Turkey rather than being sold cheaply to Iran,” said an Iraqi oil official with knowledge of the crude trucking shipments crossing to Iran.
While the closure of the Turkish pipeline has prompted an uptick in Kurdish oil smuggling via Iran, a larger network that some experts believe generates at least $1 billion a year for Iran and its proxies has flourished in Iraq since al-Sudani took office in 2022, Reuters reported last year.
Two US administration officials confirmed the US had asked the Iraqi government to resume Kurdish exports. One of them said the move would help to dampen upward pressure on oil prices.
Asked about the administration’s pressuring of Iraq to open up Kurdish oil exports, a White House official said: “It’s not only important for regional security that our Kurdish partners be allowed to export their own oil but also help keep the price of gas low.”
There has been close military cooperation between authorities in Kurdistan and the United States in the fight against Islamic State.
Trump’s restoration of the “maximum pressure” campaign on Iran was one of his first acts after returning to office in late January. In addition to efforts to drive Iran’s oil exports to zero, Trump ordered the US treasury secretary to ensure that Iran can’t use Iraq’s financial system.
Trump also came into office promising to lower energy costs for Americans. A sharp drop in oil exports from Iran could drive up oil prices, and with it the gasoline price worldwide.
The resumption of Kurdish exports would help offset some of the loss to global supply of lower Iranian exports, but would cover only a fraction of the more than 2 million bpd of crude and fuel that Iran ships. However, Iran has proven adept in the past at finding means to circumvent US sanctions on its oil sales.
Ole Hansen, head of commodity strategy at Saxo Bank, said the restart of exports from Kurdistan could help increase global oil supplies at a time when output was disrupted from other regions, such as Kazakhstan, where exports have dropped this week following a Ukrainian drone attack on a major pipeline pumping station in southern Russia.
“At this point in time, I believe the market has adopted a relatively neutral but nervous stance on crude oil prices,” he said.
HURDLES TO RESTART
The pipeline was halted by Turkey in March 2023 after the International Chamber of Commerce (ICC) ordered Ankara to pay Baghdad $1.5 billion in damages for unauthorized exports between 2014 and 2018.
There are still unresolved issues around payment, pricing and maintenance, the sources told Reuters. Two days of talks in the Kurdish city of Erbil this week failed to reach agreement, sources said.
The federal government wanted exports to restart without making commitments to the KRG on payments and without clarity on the payment mechanism, a source familiar with the matter said.
“We can’t do that. We need clear visibility on guarantees,” the source said.
Oil companies working in Kurdistan also have questions over payments.
Executives from Norwegian firm DNO told analysts on Feb. 6 that before agreeing to ship oil through the pipeline to Ceyhan they wanted to understand how the company would be paid for future deliveries and how it would recoup $300 million for the oil it had delivered before the pipeline was shut.
Turkey has yet to receive any information from Iraq on the resumption of flows, Turkish Energy Minister Alparslan Bayraktar told Reuters on Wednesday.
A restart could also cause issues in OPEC+, or the Organization of the Petroleum Exporting Countries plus Russia and other allies, where Iraq has been under pressure to comply with its pledge to reduce its output. Additional supply from the Kurdish region could put Iraq over its OPEC+ supply target.
An Iraqi official said it was possible for Iraq to restart the pipeline and remain compliant with OPEC+ supply policy.
Giovanni Staunovo, a commodity analyst at investment bank UBS, said the overall impact of the resumption could be muted.
“From an oil market perspective, Iraq is bound to the OPEC+ production deal, so I wouldn’t expect additional production from Iraq in case of a pipeline restart, but just a change in the way it is exported (currently, among others, using trucks),” he said.
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