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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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Iran Rejects US Nuclear Proposal, Says ‘Counteroffer’ Coming as Talks Stall Over Uranium Enrichment, Sanctions
Iran’s Supreme Leader Ayatollah Ali Khamenei speaks during a meeting in Tehran, Iran, May 20, 2025. Photo: Office of the Iranian Supreme Leader/WANA (West Asia News Agency)/Handout via REUTERS
Iran has denounced the latest nuclear proposal from the United States as “unprofessional and untechnical,” reaffirming the country’s right to enrich uranium and announcing plans to present a counteroffer in the coming days.
“After receiving the American proposal regarding the Iranian nuclear program, we are now preparing a counteroffer,” Ali Shamkhnai, political adviser to Iran’s Supreme Leader Ayatollah Ali Khamenei, said in an interview on Wednesday.
Shamkhani criticized the White House draft proposal as “not well thought out,” emphasizing its alleged failure to address sanction relief — a key demand for Tehran under any deal with Washington.
“There is no mention whatsoever of lifting sanctions in the latest American proposal, even though the issue of sanctions is a fundamental matter for Iran,” Shamkhnai said.
The Iranian official also warned that Tehran will not allow the US to dismantle its “peaceful nuclear program” or force uranium enrichment down to zero.
“Iran will never relinquish its natural rights,” Shamkhani said.
Washington’s draft proposal for a new nuclear deal was delivered by Omani officials — who have been mediating negotiations between Iranian Foreign Minister Abbas Araghchi and US Special Envoy to the Middle East Steve Witkoff — during last month’s talks in Rome.
On Wednesday, Khamenei dismissed such an offer, saying it “contradicts our nation’s belief in self-reliance” and runs counter to Iran’s key objectives.
“The proposal that the Americans have presented is 100 percent against our interests,” the Iranian leader said during a televised speech.
“The rude and arrogant leaders of America repeatedly demand that we should not have a nuclear program. Who are you to decide whether Iran should have enrichment?” Khamenei continued.
After five rounds of talks, diplomatic efforts have yet to yield results as both adversaries clash over Iran’s demand to maintain its domestic uranium enrichment program — a condition the White House has firmly rejected.
In April, Tehran and Washington held their first official nuclear negotiation since the US withdrew from a now-defunct 2015 nuclear deal that had imposed temporary limits on Iran’s nuclear program in exchange for sanction relief.
Since taking office, US President Donald Trump has sought to curtail Tehran’s potential to develop a nuclear weapon that could spark a regional arms race and pose a threat to Israel.
Meanwhile, Iran seeks to have Western sanctions on its oil-dependent economy lifted, while maintaining its nuclear enrichment program — which the country insists is solely for civilian purposes.
As part of the Trump administration’s “maximum pressure” campaign against Iran — which aims to cut the country’s crude exports to zero and prevent it from obtaining a nuclear weapon — Washington has been targeting Tehran’s oil industry with mounting sanctions.
Amid the ongoing diplomatic deadlock, Israel has declared it will never allow the Islamist regime to acquire nuclear weapons, as the country views Iran’s nuclear program as an existential threat.
However, Israeli Prime Minister Benjamin Netanyahu pledged to uphold any agreement that prevents Tehran from enriching uranium.
“But in any case, Israel maintains the right to defend itself from a regime that is threatening to annihilate it,” Netanyahu said in a press conference last month, following reports that Jerusalem could strike Iranian nuclear sites if ongoing negotiations between Washington and Tehran fail.
The post Iran Rejects US Nuclear Proposal, Says ‘Counteroffer’ Coming as Talks Stall Over Uranium Enrichment, Sanctions first appeared on Algemeiner.com.
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Day After Colorado Attack, Founder of Anti-Israel Group Chides Activists Who Are Insufficiently ‘Pro-Resistance’
Nerdeen Kiswani, founder of WithinOurLifetime (WOL), leading a pro-Hamas demonstration in New York City on Aug. 14, 2024. Photo: Michael Nigro via Reuters Connect
Nerdeen Kiswani, the founder of the radical anti-Israel organization Within Our Lifetime, chastised those within the pro-Palestinian movement who only support “resistance” in the abstract but not in practice following Sunday’s antisemitic attack in Boulder, Colorado.
“A lot of people who call themselves anti-Zionist or pro-resistance don’t actually understand what resistance is,” Kiswani posted on X/Twitter on Monday. “They support it in theory, but when it shows up in practice, they hesitate, distance themselves, or shift the conversation entirely.”
She continued, “And it makes it even harder for those of us who are principled to take public stances. We’re already marginalized, already painted as extreme or dangerous and that isolation only deepens when others in the movement won’t stand firm when it counts.”
Kiswani’s comments came the day after a man threw Molotov cocktails at a Boulder gathering where participants were rallying in support of the Israeli hostages who remain in captivity in Gaza — which resulted in 15 injuries, including some critically, in what US authorities called a targeted terrorist attack. Her tweets also came less than two weeks after a gunman murdered two Israeli embassy staffers in Washington, DC, while they were leaving an at the Capital Jewish Museum hosted by the American Jewish Committee. In both attacks, the perpetrator yelled “Free Palestine” as they targeted innocent civilians, according to the Federal Bureau of Investigation (FBI).
After Kiswani’s social media posts sparked some backlash among pro-Israel users on X, she provided limited pushback on the idea that it was an expression of support for the prior day’s attack in Colorado.
“Zionists are freaking out in the QTs about this, insisting it’s about Colorado,” she wrote. “Newsflash: the world doesn’t revolve around you. Resistance hasn’t stopped in Gaza, look at what just happened in Jabalia [where three IDF soldiers were killed] for instance. The perpetual victimhood is getting old.”
However, Kiswani did not say her comment had no connection to the attack in Colorado, and she did not say that she opposed the firebombing.
Kiswani and her group, Within Our Lifetime (WOL), have been at the forefront of anti-Israel and pro-Hamas activism since Hamas-led Palestinian terrorists killed 1,200 people and abducted 251 hostages during their invasion of southern Israel on Oct. 7, 2023, a massacre that started the war in Gaza.
On Oct. 8, 2023, one day after the biggest single-day slaughter of Jews since the Holocaust, WOL organized a protest to celebrate the prior day’s attack, which it described as an effort to “defend the heroic Palestinian resistance.” Kiswani notably refused to condemn Hamas and the Oct. 7 massacre following the atrocities.
Then, in Apil 2024, Kiswani refused to condemn the chant “Death to America” and organized a mass demonstration to block the “arteries of capitalism” by staging a blockade of commercial shipping ports across the world in protest of Western support for the Jewish state. That same month, she was banned from Columbia University’s campus in New York City after leading chants calling for an “intifada,” or violent uprising.
The following month, Kiswani led a demonstration in Brooklyn, New York in which she lambasted the local police department, claimed then-US President Joe Biden will soon die, and called for the destruction of Israel.
That proceeded the activist saying she does not want Zionists “anywhere” in the world while speaking in defense of a person who called for “Zionists” to leave a crowded subway car in New York City.
WOL, which planned a protest last year to celebrate the one-year anniversary of the Oct. 7 massacre, was also behind demonstrations at the Nova Music Festival exhibit, which commemorated the more than 300 civilians slaughtered by Hamas while at a music festival.
The latter protest prompted widespread condemnation, including from Biden and even progressive members of the US Congress who are outspoken against Israel.
US Rep. Alexandria Ocasio-Cortez (D-NY), for example, posted on social media that the “callousness, dehumanization, and targeting of Jews on display at last night’s protest outside the Nova Festival exhibit was atrocious antisemitism – plain and simple.”
The post Day After Colorado Attack, Founder of Anti-Israel Group Chides Activists Who Are Insufficiently ‘Pro-Resistance’ first appeared on Algemeiner.com.
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Israel’s Defense Exports Hit Record $15 Billion in 2024 Despite European Pressure, Calls for Arms Embargo
Israeli troops on the ground in Gaza. Photo: IDF via Reuters
Israel reached a new all-time high in defense exports in 2024, nearing $15 billion — the fourth consecutive year of record-breaking sales — despite mounting international criticism over the war in Gaza and growing pressure from European countries to suspend arms deals.
In a press release on Wednesday, Israel’s Defense Ministry announced that defense exports reached over $14.7 billion last year — a 13 percent increase from 2023 — with more than half of the deals valued at over $100 million.
According to the ministry, Israel’s military exports have more than doubled over the past five years, highlighting the industry’s rapid expansion and growing global demand.
“This tremendous achievement is a direct result of the successes of the IDF [Israel Defense Forces] and defense industries against Hamas in Gaza, Hezbollah in Lebanon, the Houthis in Yemen, the Ayatollah regime in Iran, and in additional arenas where we operate against Israel’s enemies,” Israeli Defense Minister Israel Katz said in a statement.
“The world sees Israeli strength and seeks to be a partner in it. We will continue strengthening the IDF and the Israeli economy through security innovation to ensure clear superiority against any threat – anywhere and anytime,” Katz continued.
In 2024, over half of the Jewish state’s defense contracts were with European countries — up from 35 percent the previous year — as many in the region have increased their defense spending following Russia’s 2022 invasion of Ukraine.
Despite increasing pressure and widespread anti-Israel sentiment among European governments amid the current conflict in Gaza, this latest data seems to contradict recent calls by European leaders to impose an arms embargo on the Jewish state over its defensive campaign in Gaza against the Palestinian terrorist group Hamas.
On Wednesday, Germany reversed its earlier threat to halt arms deliveries to Israel, reaffirming its commitment to continue cooperation and maintain defense contracts with Jerusalem.
“Germany will continue to support the State of Israel, including with arms deliveries,” German Foreign Minister Johann Wadephul told lawmakers in parliament.
Last week, Berlin warned it would take unspecified measures against Israel if it continued its military campaign in Gaza, citing concerns that exported weapons were being used in violation of humanitarian law.
“Our full support for the right to exist and the security of the State of Israel must not be instrumentalized for the conflict and the warfare currently being waged in the Gaza Strip,” Wadephul said in a statement.
Germany would be “examining whether what is happening in the Gaza Strip is compatible with international humanitarian law,” he continued. “Further arms deliveries will be authorized based on the outcome of that review.”
Spain and Ireland are among the countries in Europe that have threatened or taken steps to limit arms deals with Israel, while others such as France have threatened unspecified harsh measures against the Jewish state.
According to the Israeli defense ministry’s report, since the outbreak of war on Oct. 7, 2023, after the Hamas-led invasion of and massacre across southern Israel, the operational successes and proven battlefield performance of Israeli systems have fueled strong international demand for Israel’s defense technology.
Last year, the export of missiles, rockets, and air defense systems reached a new high, making up 48 percent of the total deal volume — up from 36 percent in 2023.
Similarly, satellite and space systems exports surged, accounting for 8 percent of total deals in 2024 — quadrupling their share from 2 percent in 2023.
While Europe dominated Israel’s defense export market in 2024, significant portions also went to other regions. Asia and the Pacific made up 23 percent of total sales — slightly lower than in previous years, when the region approached 30 percent.
Exports to Abraham Accords countries fell to 12 percent, down from 23 percent in 2022, while North America remained stable at around 9 percent.
The post Israel’s Defense Exports Hit Record $15 Billion in 2024 Despite European Pressure, Calls for Arms Embargo first appeared on Algemeiner.com.
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