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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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Switzerland Moves to Close Gaza Humanitarian Foundation’s Geneva Office Over Legal Irregularities
Palestinians carry aid supplies received from the US-backed Gaza Humanitarian Foundation in the central Gaza Strip, May 29, 2025. Photo: REUTERS/Ramadan Abed/File Photo
Switzerland has moved to shut down the Geneva office of the Gaza Humanitarian Foundation (GHF), a US- and Israeli-backed aid group, citing legal irregularities in its establishment.
The GHF began distributing food packages in Gaza in late May, implementing a new aid delivery model aimed at preventing the diversion of supplies by Hamas, as Israel continues its defensive military campaign against the Palestinian terrorist group.
The initiative has drawn criticism from the UN and international organizations, some of which have claimed that Jerusalem is causing starvation in the war-torn enclave.
Israel has vehemently denied such accusations, noting that, until its recently imposed blockade, it had provided significant humanitarian aid in the enclave throughout the war.
Israeli officials have also said much of the aid that flows into Gaza is stolen by Hamas, which uses it for terrorist operations and sells the rest at high prices to Gazan civilians.
With a subsidiary registered in Geneva, the GHF — headquartered in Delaware — reports having delivered over 56 million meals to Palestinians in just one month.
According to a regulatory announcement published Wednesday in the Swiss Official Gazette of Commerce, the Federal Supervisory Authority for Foundations (ESA) may order the dissolution of the GHF if no creditors come forward within the legal 30-day period.
The Trump administration did not immediately respond to requests for comment on the Swiss decision to shut down its Geneva office.
“The GHF confirmed to the ESA that it had never carried out activities in Switzerland … and that it intends to dissolve the Geneva-registered branch,” the ESA said in a statement.
Last week, Geneva authorities gave the GHF a 30-day deadline to address legal shortcomings or risk facing enforcement measures.
Under local laws and regulations, the foundation failed to meet several requirements: it did not appoint a board member authorized to sign documents domiciled in Switzerland, did not have the minimum three board members, lacked a Swiss bank account and valid address, and operated without an auditing body.
The GHF operates independently from UN-backed mechanisms, which Hamas has sought to reinstate, arguing that these vehicles are more neutral.
Israeli and American officials have rejected those calls, saying Hamas previously exploited UN-run systems to siphon aid for its war effort.
The UN has denied those allegations while expressing concerns that the GHF’s approach forces civilians to risk their safety by traveling long distances across active conflict zones to reach food distribution points.
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Key US Lawmaker Warns Ireland of Potential Economic Consequences for ‘Antisemitic Path’ Against Israel
US Sen. James Risch (R-ID) speaks during a Senate Foreign Relations Committee hearing, Washington, DC, May 21, 2024. Photo: Graeme Sloan/Sipa USA via Reuters Connect
Senate Foreign Relations Committee Chairman James Risch (R-ID) issued a sharp warning Tuesday, accusing Ireland of embracing antisemitism and threatening potential economic consequences if the Irish government proceeds with new legislation targeting Israeli trade.
“Ireland, while often a valuable U.S. partner, is on a hateful, antisemitic path that will only lead to self-inflicted economic suffering,” Risch wrote in a post on X. “If this legislation is implemented, America will have to seriously reconsider its deep and ongoing economic ties. We will always stand up to blatant antisemitism.”
Marking a striking escalation in rhetoric from a senior US lawmaker, Risch’s comments came amid growing tensions between Ireland and Israel, which have intensified dramatically since the Hamas-led attacks on southern Israel on October 7, 2023. Those attacks, in which roughly 1,200 Israelis were killed and more than 200 taken hostage, prompted a months-long Israeli military campaign in Gaza that has drawn widespread international scrutiny. Ireland has positioned itself as one of the most vocal critics of Israel’s response, accusing the Israeli government of disproportionate use of force and calling for immediate humanitarian relief and accountability for the elevated number of Palestinian civilian casualties.
Dublin’s stance has included tangible policy shifts. In May 2024, Ireland formally recognized a Palestinian state, becoming one of the first European Union members to do so following the outbreak of the war in Gaza. The move was condemned by Israeli officials, who recalled their ambassador to Ireland and accused the Irish government of legitimizing terrorism. Since then, Irish lawmakers have proposed further measures, including legislation aimed at restricting imports from Israeli settlements in the West Bank, policies viewed in Israel and among many American lawmakers as aligning with the controversial Boycott, Divestment, and Sanctions (BDS) movement.
While Irish leaders have defended their approach as grounded in international law and human rights, critics in Washington, including Risch, have portrayed it as part of a broader pattern of hostility toward Israel. Some US lawmakers have begun raising the possibility of reevaluating trade and diplomatic ties with Ireland in response.
Risch’s warning is one of the clearest indications yet that Ireland’s policies toward Israel could carry economic consequences. The United States is one of Ireland’s largest trading partners, and American companies such as Apple, Google, Meta and Pfizer maintain substantial operations in the country, drawn by Ireland’s favorable tax regime and access to the EU market.
Though the Trump administration has not echoed Risch’s warning, the remarks reflect growing unease in Washington about the trajectory of Ireland’s foreign policy. The State Department has maintained a careful balancing act, expressing strong support for Israel’s security while calling for increased humanitarian access in Gaza. Officials have stopped short of condemning Ireland’s actions directly but have expressed concern about efforts they see as isolating Israel on the international stage.
Ireland’s stance is emblematic of a growing international divide over the war. While the US continues to provide military and diplomatic backing to Israel, many European countries have called for an immediate ceasefire and investigations into alleged war crimes.
Irish public opinion has long leaned pro-Palestinian, and Irish lawmakers have repeatedly voiced concern over the scale of destruction in Gaza and the dire humanitarian situation.
Irish officials have not yet responded to The Algemeiner’s request for comment.
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Israel Condemns Iran’s Suspension of IAEA Cooperation, Urges Europe to Reinstate UN Sanctions
Israeli Foreign Minister Gideon Saar at a press conference in Berlin, Germany, June 5, 2025. REUTERS/Christian Mang/File Photo
Israeli Foreign Minister Gideon Saar on Wednesday condemned Iran’s decision to halt cooperation with the UN’s nuclear watchdog and called on the international community to reinstate sanctions to curb Tehran’s nuclear ambitions.
“Iran has just issued a scandalous announcement about suspending its cooperation with the IAEA (International Atomic Energy Agency),” Saar wrote in a post on X. “This is a complete renunciation of all its international nuclear obligations and commitments.”
Last week, the Iranian parliament voted to suspend cooperation with the IAEA “until the safety and security of [the country’s] nuclear activities can be guaranteed.”
“The IAEA and its Director-General are fully responsible for this sordid state of affairs,” Iranian Foreign Minister Abbas Araghchi wrote in a post on X.
The top Iranian diplomat said this latest decision was “a direct result of [IAEA Director-General Rafael Grossi’s] regrettable role in obfuscating the fact that the Agency — a full decade ago — already closed all past issues.
“Through this malign action,” Araghchi continued, “he directly facilitated the adoption of a politically-motivated resolution against Iran by the IAEA [Board of Governors] as well as the unlawful Israeli and US bombings of Iranian nuclear sites.”
The Parliament of Iran has voted for a halt to collaboration with the IAEA until the safety and security of our nuclear activities can be guaranteed.
This is a direct result of @rafaelmgrossi‘s regrettable role in obfuscating the fact that the Agency—a full decade ago—already…
— Seyed Abbas Araghchi (@araghchi) June 27, 2025
On Wednesday, Iranian President Masoud Pezeshkian approved a bill banning UN nuclear inspectors from entering the country until the Supreme National Security Council decides that there is no longer a threat to the safety of its nuclear sites.
In response, Saar urged European countries that were part of the now-defunct 2015 nuclear deal to activate its “snapback” clause and reinstate all UN sanctions lifted under the agreement.
Officially known as the Joint Comprehensive Plan of Action (JCPOA), this accord between Iran and several world powers imposed temporary restrictions on Tehran’s nuclear program in exchange for sanctions relief.
During his first term, US President Donald Trump withdrew from the deal and reinstated unilateral sanctions on Iran.
“The time to activate the Snapback mechanism is now! I call upon the E3 countries — Germany, France and the UK to reinstate all sanctions against Iran!” Saar wrote in a post on X.
“The international community must act decisively now and utilize all means at its disposal to stop Iranian nuclear ambitions,” he continued.
The time to activate the Snapback mechanism is now!
I call upon the E3 countries- Germany, France and the UK to reinstate all sanctions against Iran!
Iran has just issued a scandalous announcement about suspending its cooperation with the IAEA (International Atomic Energy…— Gideon Sa’ar | גדעון סער (@gidonsaar) July 2, 2025
Saar’s latest remarks come after Araghchi met last week in Geneva with his counterparts from Britain, France, Germany and the European Union’s Foreign Policy Chief Kaja Kallas — their first meeting since the Iran-Israel war began.
Europe is actively urging Iran to reengage in talks with the White House to prevent further escalation of tensions, but has yet to address the issue of reinstating sanctions.
Speaking during an official visit to Latvia on Tuesday, Saar said that “Operation Rising Lion” — Israel’s sweeping military campaign aimed at dismantling Iran’s nuclear capabilities — has “revealed the full extent of the Iranian regime’s threat to Israel, Europe, and the global order.”
“Iran deliberately targeted civilian population centers with its ballistic missiles,” Saar said at a press conference. “The same missile threat can reach Europe, including Latvia and the Baltic states.”
“Israel’s actions against the head of the snake in Iran contributed directly to the safety of Europe,” the Israeli top diplomat continued, adding that Israeli strikes have set back the Iranian nuclear program by many years.
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