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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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Antisemitism Continues to Skyrocket in France, With Over 1,500 Incidents Recorded in 2024, New Report Finds
Sign reading “+1000% of Antisemitic Acts: These Are Not Just Numbers” during a march against antisemitism, in Lyon, France, June 25, 2024. Photo: Romain Costaseca / Hans Lucas via Reuters Connect
Antisemitism in France continued to surge to alarming levels across the country last year, with 1,570 incidents recorded, according to a new bombshell report.
The Representative Council of Jewish Institutions of France (CRIF), the main representative body of French Jews, on Wednesday released its annual report on antisemitism, which was compiled by the Jewish Community Protection Service using data jointly recorded with the Ministry of the Interior.
The total number of antisemitic outrages last year was a slight dip from 2023’s record total of 1,676, but it marked a striking increase from the 436 antisemitic acts recorded in 2022.
In late May and early June, antisemitic acts rose by more than 140 percent, far surpassing the weekly average of slightly more than 30 incidents.
The report also found that 65.2 percent of antisemitic acts last year targeted individuals, with more than 10 percent of these offenses involving physical violence.
One such incident occurred in late June, when an elderly Jewish woman was attacked in a Paris suburb by two assailants who punched her in the face, pushed her to the ground, and kicked her while hurling antisemitic slurs, including “dirty Jew, this is what you deserve.”
In another egregious attack that garnered international headlines, a 12-year-old Jewish girl was raped by three Muslim boys in a different Paris suburb on June 15. The child told investigators that the assailants called her a “dirty Jew” and hurled other antisemitic comments at her during the attack. In response to the incident, French President Emmanuel Macron denounced the “scourge of antisemitism” plaguing his country.
Comme chaque année, le Crif publie le rapport annuel sur les chiffres de l’antisémitisme en France établi par le Service de Protection de la Communauté Juive (@SPCJFRANCE) sur la base des chiffres recensés conjointement entre le SPCJ et le ministère de l’Intérieur.
Pour la… pic.twitter.com/VuPwVXvq0f
— CRIF (@Le_CRIF) January 22, 2025
Antisemitism skyrocketed in France following the Palestinian terrorist group Hamas’s invasion of and massacre across southern Israel on Oct. 7, 2023, amid the ensuing war in Gaza. According to CRIF’s report, the surge continued unabated last year, with over 30 percent of antisemitic incidents, or 43 out of an average of 130 per month, making direct reference to “Palestine.”
In November, for example, a monument honoring victims of the Nazis located in eastern France was vandalized with graffiti reading “Nique Israël,” or “F—k Israel” in English.
On the one-year anniversary of Hamas’s Oct. 7 atrocities, three men brutally attacked a Jewish woman at the entrance to her home in Paris. The victim stated that the assailants threatened her with a box knife, made antisemitic threats, and mentioned the events of last Oct. 7.
In September, a kosher restaurant in Villeurbanne, near the eastern city of Lyon, was defaced with red paint and tagged with the message “Free Gaza.”
CRIF’s latest data also showed that 192 antisemitic acts were committed in schools, which accounted for 12.2 percent of all such incidents recorded last year.
Synagogues were targeted as well. In August, for example, French police arrested a 33-year-old Algerian man suspected of trying to set a synagogue ablaze in the southern French city of la Grande-Motte.
France is one of several countries that has experienced a surge in anti-Jewish hate crimes and demonstrations since Hamas’s invasion of Israel.
According to a report from the World Zionist Organization and the Jewish Agency for Israel, there has been a staggering 340 percent increase in antisemitic acts worldwide in 2024 compared to 2022.
The report showed a sharp rise in antisemitic outrages in North America and Europe, with the US up 288 percent, Canada increasing by 562 percent, and Britain seeing a 450 percent spike, with nearly 2,000 incidents recorded in the first half of 2024 in the UK.
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Cornell University Statue Vandalized by Anti-Zionist Activists
Cornell University workers begin the work of cleaning anti-Zionist graffiti off a statue of the school’s co-founder on January 21, 2025. Photo: Screenshot
Anti-Zionist agitators at Cornell University kicked off the spring semester with an act of vandalism which defamed Israel as an “occupier” and practitioner of “apartheid.”
“Divest from death,” the students, who have not yet been identified, graffitied on a statue of Cornell co-founder Andrew Dickson White that is located on the Arts Quad section of campus — as first reported by The Cornell Daily Sun on Tuesday. “Occupation=death.”
Speaking anonymously to The Sun, the university’s official campus newspaper, the students provided an account of their grievances, which addressed what in their view is the insufficiency of the recently negotiated ceasefire between Hamas, a Palestinian terrorist group, and Israel. In so doing, they put forth the view that all of Israel must be surrendered to the Palestinians, whose leaders have serially rejected viable two-state solutions to the Israeli-Palestinian conflict ever since the United Nations voted in 1947, via Resolution 181, to partition what was then known as British Mandatory Palestine into Arab and Jewish states.
“We demand that Cornell divests from the weapons manufacturers that make genocide possible,” they said. “A ceasefire will save lives, and we hope it will be permanent. But a ceasefire is not a free Palestine, and we will organize until we see a liberated Palestine free from genocide, occupation, and apartheid.”
Anonymous collectives of anti-Zionists have vandalized Cornell University property before, and the school as a whole has seen some of the most disturbing incidents of campus antisemitism since Hamas’s massacre across southern Israel on Oct. 7, 2023.
In August, a group vandalized the Day Hall administrative building, graffitiing “Israel bombs, Cornell pays” and “Blood is on your hands” on it and shattering the glazings of its front doors. They justified their actions.
“We had to accept that the only way to make ourselves heard is by targeting the only thing the university administration really cares about: property,” the students told The Sun. “With the start of this new academic year, the Cornell administration is trying desperately to upkeep a facade of normalcy knowing that, since last semester, they have been working tirelessly to uphold Cornell’s function as a fascist, classist, imperial machine.”
Anti-Zionists convulsed Cornell University’s campus during the 2023-2024 academic year, engaging in activities that are without precedent in the school’s 159-year history. Three weeks after Hamas’s massacre across southern Israel, now-former student Patrick Dai threatened to perpetrate heinous crimes against members of the school’s Jewish community, including mass murder and rape. Cornell students also occupied an administrative building and held a “mock trial” in which they convicted school president Martha Pollack of complicity in “apartheid” and “genocide against Palestinian civilians.” Meanwhile, history professor Russell Rickford called Hamas’s barbarity on Oct. 7 “exhilarating” and “energizing” at a pro-Palestinian rally held on campus.
By the end of the year, Pollack announced her resignation as president of the university, which followed the installment of an illegal “Gaza Solidarity Encampment” on the campus in which pro-Hamas students had lived and protested the university’s investments in companies linked to Israel.
Cornell now has a new interim president, Michael Kotlikoff, and his administration has vowed to punish and deter criminal behavior undertaken in the name of anti-Zionist activism.
“Acts of violence, extended occupations of buildings, or destruction of property (including graffiti), will not be tolerated and will be subject to immediate public safety response,” he said in August. “We will enforce these policies consistently, for every group or activity, on any issue or subject …We urge all members of the community to express their views in a manner that respects the rights of others. One voice may never stifle another. There is a time, place, and manner for all to speak and all to be heard.”
So far, Kotlikoff’s administration has executed its zero-tolerance policy, pursuing criminal investigations against protesters who break the law, as happened on Sept. 24 when a mass of students disrupted a career fair because it was attended by Boeing and L3Harris, an American defense contractor. The incident resulted in three arrests, and, later, severe disciplinary sanctions, including classifying five students as “persona non grata,” which, Cornell says, bans from campus “a person who has exhibited behavior which has been deemed detrimental to the university community.” However, the university did downgrade sanctions levied against a doctoral student after his supporters decried that dis-enrolling him as a student would lead inexorably to his deportation from the US.
Regarding this latest incident, Cornell has vowed to bring the vandals to justice.
“Vandalism violates our code of conduct and the law,” the Cornell University Police Department (CUPD) told The Sun. “Graffiti is property damage, which is a crime. We are committed to identifying the perpetrators responsible.”
Follow Dion J. Pierre @DionJPierre.
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Trump Fires Head of Terrorist-Linked World Central Kitchen From President’s Council on Sports, Fitness, Nutrition
World Central Kitchen (WCK) barge loaded with food arrives off the Gaza coast, in this handout image released March 15, 2024. Photo: Israel Defense Forces/Handout via REUTERS
US President Donald Trump on Tuesday announced the firing of celebrity chef Jose Andres, founder of the controversial World Central Kitchen (WCK), from the president’s Council on Sports, Fitness, and Nutrition, claiming that the restaurateur and humanitarian is “not aligned with” the current White House’s mission.
Trump shared the news of Andres’s departure in an “Official Notice of Dismissal” on social media. The statement explained that his administration is currently in the process of “identifying and removing over a thousand presidential appointees from the previous administration, who are not aligned with our vision to Make America Great Again.”
Over the past year, Andres has found himself embroiled in controversy regarding the alleged conduct of WCK employees in Gaza. WCK, a US-based NGO founded by Andres to help feed needy people caught in disasters or conflict zones, has been operating with roughly 500 employees in Gaza since the beginning of the Israel-Hamas war in October 2023. The charity has often engaged in heated public disputes with the Jewish state, accusing the Israel Defense Forces (IDF) of purposefully targeting its workers with airstrikes — allegations that Jerusalem has adamantly rejected.
In April 2024, the IDF came under fire after it conducted airstrikes on a WCK vehicle convoy, killing seven employees of the charity. Israel acknowledged responsibility for the incident and insisted that the airstrikes violated internal protocol, subsequently dismissing two senior officers over the botched military operation.
Israel has accused WCK of insufficiently vetting its workforce and employing terrorist members within its ranks.
Last month, WCK fired at least 62 of its staff members in Gaza after Israel said they had “affiliations and direct connections” with terrorist groups. Israel conducted an investigation into the backgrounds of the charity’s employees after the Jewish state discovered that a WCK employee named Ahed Azmi Qdeih took part in the Palestinian terrorist group Hamas’s invasion of and massacre across southern Israel on Oct. 7, 2023.
Qdeih was killed in an Israeli airstrike in Gaza on Nov. 30. At the time, WCK said it had no knowledge of an employee involved in the Oct. 7 onslaught, in which Hamas-led Palestinian terrorists murdered 1,200 people and kidnapped over 250 hostages during their rampage in southern Israel.
Israel has long insisted that Hamas and similar terrorist groups have infiltrated humanitarian organizations in Gaza. In August 2024, the United Nations admitted that nine employees of UNRWA, the controversial United Nations agency responsible for Palestinian refugees and their descendants, were fired over their alleged involvement in the Hamas terrorist group’s Oct. 7 attacks on southern Israel.
Andres responded to Trump’s statement on X/Twitter, claiming that he had already resigned.
“I submitted my resignation last week … my 2 year term was already up,” Andres wrote.
“I was honored to serve as co-chair of the President’s Council on Sports, Fitness, and Nutrition. My fellow council members — unpaid volunteers like me — were hardworking, talented people who inspired me every day. I’m proud of what we accomplished on behalf of the American people,” he added.
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