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Israel Can Limit the ICJ’s Potential Damage
General view of the International Court of Justice (ICJ) in The Hague, Netherlands December 11, 2019. Photo: REUTERS/Yves Herman/File Photo
JNS.org – Israelis on Friday displayed what is called Jewish joy—they celebrated that the pogromniks only broke the windows, but did not kill anyone. The good news was the International Court of Justice did not effectively order us to wait to be tortured and murdered, by demanding a halt to the Gaza War. That is certainly good—but only in the twisted world where the ICJ is putting Israel, not Hamas, on trial for the absolutely absurd charge of genocide.
Otherwise, the decision was horrible. The court accepted South Africa’s argument that it has jurisdiction and that Israel could possibly be proven to be committing genocide. The case is not over and will go on for years. In the meantime, the court has made clear that it considers itself to have authority to review and superintend every aspect of Israel’s war for survival—and demands monthly reports. No other country receives such treatment, and it is designed to make the military constantly look over its soldiers’ shoulders.
The ICJ is not an independent body—it is an organ of the United Nations. Its justices serve a renewable nine-year term, further undermining their independence. The judges are elected by the General Assembly and Security Council, and their positions largely track the foreign policy of their home countries. Thus while we might get lucky sometimes, over the long run, the policy of the court will reflect the policy of the United Nations.
The General Assembly’s obsessive condemnation of the Jewish state is well known—Israel would never agree to have its fate determined by them. But agreeing to the jurisdiction of the court indirectly does the same thing. In Israel it is thought unacceptable to have judges appointed by democratically elected politicians decide the meaning of ordinary laws. Yet we have agreed to have judges elected by dictatorial regimes decide the basic question of whether we can exist—whether we can defend ourselves.
It does not have to be this way: The ICJ does not automatically have jurisdiction over countries—they must specifically agree, typically by agreeing that The Hague can decide a specific dispute or questions under a specific treaty. In this case, Israel signed the Genocide Convention, which provides that “disputes between the…parties” about the treaty can be decided by the ICJ. But that does not mean cases like this, where a totally unrelated state has brought a purely political complaint in a matter it has no relation to. The court should not have accepted jurisdiction, and by doing so it effectively claimed for itself power to supervise the conduct of wars around the world, so long as some country claims genocide is involved.
Israel did not have to agree to the ICJ jurisdiction to be a member of the Genocide Convention, and in retrospect, doing so was a major mistake. Countries are allowed to opt out of ICJ jurisdiction in various treaties, and very commonly do so. Indeed, 16 countries have opted out of the Genocide Convention minus the ICJ jurisdiction—including the world’s largest democracies, the United States and India. Even the world’s biggest superpowers did not trust the ICJ to hear cases involving the use of force in an apolitical way.
The United States also did not agree to the provision of the Genocide Convention that deals with speech, knowing the court can twist legitimate speech into supposed “incitement.” Indeed, those who think the statements of some Knesset members are what got Israel into trouble should consider the comments of President Obama, who spoke of “eradicating a cancer” in the campaign against Islamic State, or Biden, who once said, “We should never take anything off the table when we are in war.”
But Israel did not opt out, leaving itself exposed. The Genocide Convention was a response to the Holocaust, and it seemed appropriate that the Jewish state would be fully on board. Also, Israeli officials did not expect such a gross abuse of the court’s authority. But they should have. And the Genocide Convention which Israel so respected was turned into a farce, a platform to accuse the Jews of genocide even as they defend themselves from a systematic attempt to wipe them out.
The hearings in The Hague were a judicial Oct. 7—a completely unjustified surprise attack that shows us we must fundamentally rethink our defensive posture. In this case, the extraordinary work of the State’s lawyers, and good fortune, prevented disaster.
But we must see that mere sentimentalism, or some lingering faith in international institutions, cannot be allowed to leave us open to such attack again. Even a slight change in the composition of the court or the geopolitical climate would bring a disastrous result—and hostile states like South Africa can roll the dice as many times as they want, with no consequence if they lose and a huge payoff if they win.
Thus Israel must immediately end its acceptance of the ICJ’s jurisdiction concerning the Genocide Convention. This will not end the current proceedings, but it will prevent further such attempts in this or other conflicts. Moreover, Israel must review all of its treaties for provisions granting ICJ jurisdiction and opt out of those. The United States did just that when Iran used a long-forgotten treaty to bring America to The Hague a few years ago.
Originally published by Israel Hayom.
The post Israel Can Limit the ICJ’s Potential Damage first appeared on Algemeiner.com.
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As Gaza War Continues, Hamas Calls for Global Protests While Israel Marks Breakthroughs in Medical Innovation
A pro-Hamas march in London, United Kingdom, Feb. 17, 2024. Photo: Chrissa Giannakoudi via Reuters Connect
As the Palestinian terrorist group Hamas calls for global protests amid stalled Gaza ceasefire talks, Israel has broken new ground despite the ongoing conflict, achieving a major medical breakthrough in synthetic human kidney development.
The contrast illustrates a stark contrast between the priorities of Hamas, an international designated terrorist group that has ruled Gaza for nearly two decades, and Israel, the lone democracy in the Middle East that has long been a leader in tech and medical innovation.
On Wednesday, Hamas urged worldwide protests in support of Palestinians, calling on the international community “to denounce Israel’s genocidal war and starvation policy in Gaza.”
“We call for continuing and escalating the popular pressure in all cities and squares on Friday, Saturday, and Sunday … through rallies, demonstrations and sit-ins outside the embassies of the Israeli regime and its allies, particularly in the US,” the statement read.
The Palestinian terrorist group also called to expose what it described as “the terrorism of the Zio-Nazi occupation against defenseless civilians.”
Hamas’s latest move against Israel comes amid stalled indirect negotiations over a proposed 60-day ceasefire and hostage release deal, which collapsed last month after the group vowed it would not disarm unless an independent Palestinian state is established — rejecting a key Israeli demand to end the war in Gaza.
In its statement, Hamas demanded the opening of all border crossings to allow immediate aid into the war-torn enclave and urged a global condemnation of “the international community’s inaction on the Israeli crimes.”
Amid mounting international pressure to address the humanitarian crisis in Gaza, Israel announced new measures to facilitate the delivery of aid, including temporary pauses in fighting in certain areas and the creation of protected routes for aid convoys.
Israeli officials have previously accused Hamas of diverting aid for terrorist activities and selling supplies at inflated prices to civilians, while also blaming the United Nations and other foreign organizations for enabling this diversion.
Hamas’s statement also emphasized that the “global resistance movement must continue until Israeli aggression on Gaza ends and the siege on the coastal strip is lifted.”
Meanwhile, as Israel faces escalating hostilities and the heavy toll of war, the Jewish state continues to push the boundaries of innovation and resilience, achieving new medical breakthroughs while confronting ongoing challenges.
In a major medical breakthrough, scientists at Sheba Medical Center and Tel Aviv University have successfully grown a synthetic 3D miniature human kidney in a lab using specialized stem cells derived from kidney tissue — one of the most promising advances in regenerative medicine.
Dr. Dror Harats, chairman of Sheba’s Research Authority, described this achievement as a reflection of Israel’s leading role in global medical innovation.
“Despite growing efforts to isolate Israel from international science, breakthroughs like this prove our impact is both lasting and essential,” he said.
In a landmark study, a team from Sheba’s Safra Children’s Hospital and Tel Aviv University’s Sagol Center for Regenerative Medicine created synthetic kidney organs that matured and remained stable for 34 weeks — the longest-lasting and most refined kidney organoids developed to date.
Nearly a decade ago, the research team became the first to successfully isolate human kidney tissue stem cells — the cells responsible for the organ’s development and growth.
Previous attempts to grow kidneys in a lab using general-purpose stem cells were short-lived, typically lasting only a few weeks and often producing unwanted cell types that compromised research accuracy.
However, this Israeli research team used stem cells taken directly from kidney tissue — cells that naturally develop into kidney parts — allowing them to create a much purer and more stable model with key features found in real kidneys.
This medical breakthrough could have far-reaching implications, redefining the current understanding of kidney diseases and advancing the development of innovative treatments.
Researchers believe the model could help assess how medications impact fetal kidneys during pregnancy and move science closer to repairing or replacing damaged kidney tissue with lab-grown cells.
The discovery came days after researchers from Hebrew University of Jerusalem and international partners discovered a way to boost the immune system’s cancer-fighting ability by reprogramming how T cells, which are white blood cells critical to the immune system, produce energy.
The researchers explained in a study published in the peer-reviewed Nature Communications that disabling a protein known as Ant2 in T cells greatly enhances their effectiveness against tumors.
“By disabling Ant2, we triggered a complete shift in how T cells produce and use energy,” Prof. Michael Berger of Hebrew University’s Faculty of Medicine, who co-led the study with doctorate student Omri Yosef, told the Tazpit Press Service. “This reprogramming made them significantly better at recognizing and killing cancer cells.”
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Netherlands to Push EU to Suspend Israel Trade Deal but Won’t Recognize Palestinian State ‘At This Time’
Netherlands Foreign Affairs Minister Caspar Veldkamp addresses a press conference, in New Delhi on April 1, 2025. Photo: ANI Photo/Sanjay Sharma via Reuters Connect
The Netherlands is spearheading efforts to suspend the European Union-Israel trade agreement amid rising EU criticism of Israel’s actions in Gaza, while simultaneously refusing to recognize a Palestinian state, contrasting with other member states as international pressure mounts.
On Thursday, Dutch Foreign Minister Caspar Veldkamp announced that the Netherlands will push the EU to suspend the trade component of the EU-Israel Association Agreement — a pact governing the EU’s political and economic ties with the Jewish state.
This latest anti-Israel initiative follows a recent EU-commissioned report accusing Israel of committing “indiscriminate attacks … starvation … torture … [and] apartheid” against Palestinians in Gaza during its military campaign against Hamas, an internationally designated terrorist group.
Following calls from a majority of EU member states for a formal investigation, this report built on Belgium’s recent decision to review Israel’s compliance with the trade agreement, a process initiated by the Netherlands and led by EU High Representative for Foreign Affairs and Security Policy Kaja Kallas.
According to the report, “there are indications that Israel would be in breach of its human rights obligations” under the 25-year-old EU-Israel Association Agreement.
While the document acknowledges the reality of violence by Hamas, it states that this issue lies outside its scope — failing to address the Palestinian terrorist group’s role in sparking the current war with its bloody rampage across southern Israel on Oct. 7, 2023.
Israeli officials have slammed the report as factually incorrect and morally flawed, noting that Hamas embeds its military infrastructure within civilian targets and Israel’s army takes extensive precautions to try and avoid civilian casualties.
In a Dutch parliamentary debate on Gaza on Thursday, Veldkamp also announced that the government would not recognize a Palestinian state for now — a position that stands in sharp contrast to the recent moves by several other EU member states to extend recognition.
“The Netherlands is not planning to recognize a Palestinian state at this time,” the Dutch diplomat said.
“This war has ceased to be a just war and is now leading to the erosion of Israel’s own security and identity,” he continued.
This latest decision goes against the position of several EU member states, including France, which has committed to recognizing Palestinian statehood in September.
The United Kingdom has likewise indicated it will do so unless Israel acts to ease the humanitarian crisis in Gaza and agrees to a ceasefire.
For its part, Germany said it was not planning to recognize a Palestinian state in the short term, and Italy argued that recognition must occur simultaneously with the recognition of Israel by the new entity.
Spain, Norway, Ireland, and Slovenia all recognized a Palestinian state last year.
Israel has been facing growing pressure from several EU member states seeking to undermine its defensive campaign against the Palestinian terrorist group Hamas in Gaza.
On Thursday, European Commission Vice President Teresa Ribera strongly condemned Israel’s actions in the war-torn enclave, describing the situation as a “grave violation of human dignity.”
“What we are seeing is a concrete population being targeted, killed and condemned to starve to death,” Ribera told Politico. “If it is not genocide, it looks very much like the definition used to express its meaning.”
Until now, the European Commission has refrained from accusing Israel of genocide, but Ribera’s comments mark one of the strongest European condemnations since the outbreak of the war in Gaza.
She also called on the EU to take decisive action by considering the suspension of its trade agreement with Israel and the implementation of sanctions, while emphasizing that such measures would require unanimous approval from all member states.
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Graduate Student Unions Promoting Antisemitism, Reform Group Says
Students listen to a speech at a protest encampment at Stanford University in Stanford, California US, on April 26, 2024. Photo: Carlos Barria via Reuters Connect.
Higher-education-based unions controlled by United Electrical, Radio, and Machine Workers of America (UE) are rife with antisemitism and anti-Zionist discrimination, according to a new letter imploring the US Congress’s House Committee on Education and the Workforce to address the matter.
“Tracing its roots to communism in the 1930s, the UE is a radical, pro-Hamas labor union that has a long history of antisemitism,” the National Right to Work Foundation (NRTW), one of the US’s leading labor reform groups, wrote on July 30 in a message obtained by The Algemeiner. “The UE openly supports the boycott, divestment, and sanctions (BDS) movement, which is designed to cripple and destroy Israel economically. Today, the UE furthers its antisemitic agenda by unionizing graduate students on college campuses and using its exclusive representation powers to create a hostile environment for Jewish students. The hostile environment includes demanding compulsory dues to fund the UE’s abhorrent activities.”
NRTW went on to describe a litany of alleged injustices to which UE members subject Jewish student-employees in the US’s most prestigious institutions of higher education, from the Massachusetts Institute of Technology (MIT) to Cornell University. At MIT, the letter said, “union officers” aided a riotous group which illegally occupied a section of campus with a “Gaza Solidarity Encampment,” participating in the demonstration and even denying access to campus buildings. UE members at Stanford University, meanwhile, allegedly denied religious accommodations to Jewish students who requested exemption from union dues over that branch’s supporting the BDS movement. And Cornell University UE was accused of denying religious exemptions in several cases as well and followed up the rejection with an intrusive “questionnaire” which probed Jewish students for “legally-irrelevant information.”
The situation requires federal oversight and intervention, NRTW said, including Congress’s possibly clarifying that student-employees are not traditional employees and are therefore afforded protections under sections of the Civil Rights Act which apply to the campus.
“These continuing patterns of antisemitism are illegal, immoral, and must be stopped,” the letter continued. “We encourage you to do all that is in your power to investigate and help bring an end to the UE and its affiliates’ nonstop harassment and intimidation of Jewish students … The Trump administration can also use tools available to it under Title VI and Title VI of the Civil Rights Act against colleges who work with unions to create a hostile environment for Jewish students.”
July’s letter is not the first time NRTW has publicized alleged antisemitic abuse in unions representing higher education employees.
In 2024, it represented a group of six City University of New York (CUNY) professors, five of whom are Jewish, who sued to be “freed” from CUNY’s Professional Staff Congress (PSC-CUNY) over its passing a resolution during Israel’s May 2021 war with Hamas which declared solidarity with Palestinians and accused the Jewish state of ethnic cleansing, apartheid, and crimes against humanity. The group contested New York State’s “Taylor Law,” which it said chained the professors to the union’s “bargaining unit” and denied their right to freedom of speech and association by forcing them to be represented in negotiations by an organization they claim holds antisemitic views.
That same year, NRTW prevailed in a discrimination suit filed to exempt another cohort of Jewish MIT students from paying dues to the Graduate Student Union (GSU). The students had attempted to resist financially supporting GSU’s anti-Zionism, but the union bosses attempted to coerce their compliance, telling them that “no principles, teachings, or tenets of Judaism prohibit membership in or the payment of dues or fees” to the union.
“All Americans should have a right to protect their money from going to union bosses they don’t support, whether those objections are based on religion, politics, or any other reason,” NRTW said at the time.
Follow Dion J. Pierre @DionJPierre.