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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.
The post ICC Prosecutor Wants to Rob Israel of Its Legitimate Right to Self Dense first appeared on Algemeiner.com.
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Syria’s Sharaa Says Talks With Israel Could Yield Results ‘In Coming Days’
Syrian President Ahmed al-Sharaa speaks at the opening ceremony of the 62nd Damascus International Fair, the first edition held since the fall of Bashar al-Assad’s regime, in Damascus, Syria, Aug. 27, 2025. Photo: REUTERS/Khalil Ashawi
Syria’s President Ahmed al-Sharaa said on Wednesday that ongoing negotiations with Israel to reach a security pact could lead to results “in the coming days.”
He told reporters in Damascus the security pact was a “necessity” and that it would need to respect Syria’s airspace and territorial unity and be monitored by the United Nations.
Syria and Israel are in talks to reach an agreement that Damascus hopes will secure a halt to Israeli airstrikes and the withdrawal of Israeli troops who have pushed into southern Syria.
Reuters reported this week that Washington was pressuring Syria to reach a deal before world leaders gather next week for the UN General Assembly in New York.
But Sharaa, in a briefing with journalists including Reuters ahead of his expected trip to New York to attend the meeting, denied the US was putting any pressure on Syria and said instead that it was playing a mediating role.
He said Israel had carried out more than 1,000 strikes on Syria and conducted more than 400 ground incursions since Dec. 8, when the rebel offensive he led toppled former Syrian leader Bashar al-Assad.
Sharaa said Israel’s actions were contradicting the stated American policy of a stable and unified Syria, which he said was “very dangerous.”
He said Damascus was seeking a deal similar to a 1974 disengagement agreement between Israel and Syria that created a demilitarized zone between the two countries.
He said Syria sought the withdrawal of Israeli troops but that Israel wanted to remain at strategic locations it seized after Dec. 8, including Mount Hermon. Israeli ministers have publicly said Israel intends to keep control of the sites.
He said if the security pact succeeds, other agreements could be reached. He did not provide details, but said a peace agreement or normalization deal like the US-mediated Abraham Accords, under which several Muslim-majority countries agreed to normalize diplomatic ties with Israel, was not currently on the table.
He also said it was too early to discuss the fate of the Golan Heights because it was “a big deal.”
Reuters reported this week that Israel had ruled out handing back the zone, which Donald Trump unilaterally recognized as Israeli during his first term as US president.
“It’s a difficult case – you have negotiations between a Damascene and a Jew,” Sharaa told reporters, smiling.
SECURITY PACT DERAILED IN JULY
Sharaa also said Syria and Israel had been just “four to five days” away from reaching the basis of a security pact in July, but that developments in the southern province of Sweida had derailed those discussions.
Syrian troops were deployed to Sweida in July to quell fighting between Druze armed factions and Bedouin fighters. But the violence worsened, with Syrian forces accused of execution-style killings and Israel striking southern Syria, the defense ministry in Damascus and near the presidential palace.
Sharaa on Wednesday described the strikes near the presidential palace as “not a message, but a declaration of war,” and said Syria had still refrained from responding militarily to preserve the negotiations.
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Anti-Israel Activists Gear Up to ‘Flood’ UN General Assembly
US Capitol Police and NYPD officers clash with anti-Israel demonstrators, on the day Israeli Prime Minister Benjamin Netanyahu addresses a joint meeting of Congress, on Capitol Hill, in Washington, DC, July 24, 2024. Photo: REUTERS/Umit Bektas
Anti-Israel groups are planning a wave of raucous protests in New York City during the United Nations General Assembly (UNGA) over the next several days, prompting concerns that the demonstrations could descend into antisemitic rhetoric and intimidation.
A coalition of anti-Israel activists is organizing the protests in and around UN headquarters to coincide with speeches from Middle Eastern leaders and appearances by US President Donald Trump and Israeli Prime Minister Benjamin Netanyahu. The demonstrations are expected to draw large crowds and feature prominent pro-Palestinian voices, some of whom have been criticized for trafficking in antisemitic tropes, in addition to calling for the destruction of Israe.
Organizers of the demonstrations have promoted the coordinated events on social media as an opportunity to pressure world leaders to hold Israel accountable for its military campaign against Hamas in Gaza, with some messaging framed in sharply hostile terms.
On Sunday, for example, activists shouted at Israel’s Ambassador to the UN Danny Danon.
“Zionism is terrorism. All you guys are terrorists committing ethnic cleansing and genocide in Gaza and Palestine. Shame on you, Zionist animals,” they shouted.
BREAKING: PRO-PALESTINE PROTESTORS CONFRONT “ISRAELI” AMBASSADOR DANNY DANON AT THE UNITED NATIONS
1/5 pic.twitter.com/4G1VYEMGzV
— Within Our Lifetime (@WOLPalestine) September 14, 2025
The Combat Antisemitism Movement (CAM), warned on its website that the scale and tone of the planned demonstrations risk crossing the line from political protest into hate speech, arguing that anti-Israel activists are attempting to hijack the UN gathering to spread antisemitism and delegitimize the Jewish state’s right to exist.
Outside the UN last week, masked protesters belonging to the activist group INDECLINE kicked a realistic replica of Netanyahu’s decapitated head as though it were a soccer ball.
US activist group plays soccer with Bibi’s mock decapitated HEAD right outside NYC UN HQ
Peep shot at 00:40
Footage posted by INDECLINE collective just as UN General Assembly about to kick off
‘Following the game, ball was donated to Palestinian Genocide Museum’ pic.twitter.com/TQ84sgZhKr
— RT (@RT_com) September 9, 2025
Within Our Lifetime (WOL), a radical anti-Israel activist group, has vowed to “flood” the UNGA on behalf of the pro-Palestine movement.
WOL, one of the most prolific anti-Israel activist groups, came under immense fire after it organized a protest against an exhibition to honor the victims of the Oct. 7 massacre at the Nova Music Festival in southern Israel. During the event, the group chanted “resistance is justified when people are occupied!” and “Israel, go to hell!”
“We will be there to confront them with the truth: Their silence and inaction enable genocide. The world cannot continue as if Gaza does not exist,” WOL said of its planned demonstrations in New York. “This is the time to make our voices impossible to ignore. Come to New York by any means necessary, to stand, to march, to demand the UN act and end the siege.”
Jewish Voice for Peace (JVP) and Palestinian Youth Movement (PYM), two other anti-Israel organizations that have helped organize widespread demonstrations against the Jewish state during the war in Gaza, also announced they are planning a march from Times Square to the UN headquarters on Friday.
“The time is now for each and every UN member state to uphold their duty under international law: sanction Israel and end the genocide,” the groups said in a statement.
JVP, an organization that purports to fight for “Palestinian liberation,” has positioned itself as a staunch adversary of the Jewish state. The group argued in a 2021 booklet that Jews should not write Hebrew liturgy because hearing the language would be “deeply traumatizing” to Palestinians. JVP has repeatedly defended the Oct. 7 massacre of roughly 1,200 people in southern Israel by Hamas as a justified “resistance.” Chapters of the organization have urged other self-described “progressives” to throw their support behind Hamas and other terrorist groups against Israel
Similarly, PYM, another radical anti-Israel group, has repeatedly defended terrorism and violence against the Jewish state. PYM has organized many anti-Israel protests in the two years following the Oct. 7 attacks in the Jewish state. Recently, Sen. Tom Cotton (R-AK) called for a federal investigation into the organization after Aisha Nizar, one of the group’s leaders, urged supporters to sabotage the US supply chain for the F-35 fighter jet, one of the most advanced US military assets and a critical component of Israel’s defense.
The UN General Assembly has historically been a flashpoint for heated debate over the Israeli-Palestinian conflict. Previous gatherings have seen dueling demonstrations outside the Manhattan venue, with pro-Israel and pro-Palestinian groups both seeking to influence the international spotlight.
While warning about the demonstrations, CAM noted it recently launched a new mobile app, Report It, that allows users worldwide to quickly and securely report antisemitic incidents in real time.
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Nina Davidson Presses Universities to Back Words With Action as Jewish Students Return to Campus Amid Antisemitism Crisis
Nina Davidson on The Algemeiner’s ‘J100’ podcast. Photo: Screenshot
Philanthropist Nina Davidson, who served on the board of Barnard College, has called on universities to pair tough rhetoric on combatting antisemitism with enforcement as Jewish students returned to campuses for the new academic year.
“Years ago, The Algemeiner had published a list ranking the most antisemitic colleges in the country. And number one was Columbia,” Davidson recalled on a recent episode of The Algemeiner‘s “J100” podcast. “As a board member and as someone who was representing the institution, it really upset me … At the board meeting, I brought it up and I said, ‘What are we going to do about this?’”
Host David Cohen, chief executive officer of The Algemeiner, explained he had revisited Davidson’s remarks while she was being honored for her work at The Algemeiner‘s 8th annual J100 gala, held in October 2021, noting their continued relevance.
“It could have been the same speech in 2025,” he said, underscoring how longstanding concerns about campus antisemitism, while having intensified in the aftermath of Hamas’s Oct. 7, 2023, massacre across southern Israel, are not new.
Davidson argued that universities already possess the tools to protect students – codes of conduct, time-place-manner rules, and consequences for threats or targeted harassment – but too often fail to apply them evenly. “Statements are not enough,” she said, arguing that institutions need to enforce their rules and set a precedent that there will be consequences for individuals who refuse to follow them.
She also said that stakeholders – alumni, parents, and donors – are reassessing their relationships with schools that, in their view, have not safeguarded Jewish students. While supportive of open debate, Davidson distinguished between protest and intimidation, calling for leadership that protects expression while ensuring campus safety.
The episode surveyed specific pressure points that administrators will face this fall: repeat anti-Israel encampments, disruptions of Jewish programming, and the challenge of distinguishing political speech from conduct that violates university rules. “Unless schools draw those lines now,” Davidson warned, “they’ll be scrambling once the next crisis hits.”
Cohen closed by framing the discussion as a test of institutional credibility, asking whether universities will “turn policy into protection” in real time. Davidson agreed, pointing to students who “need to know the rules aren’t just on paper.”
The full conversation is available on The Algemeiner’s “J100” podcast.