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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.
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University of Toronto is granted an injunction to dismantle a pro-Palestinian encampment that has been on campus for two months
The University of Toronto has received an injunction to dismantle the pro-Palestinian encampment on its property. The 98-page decision from Justice Markus Koehnen of the Ontario Superior Court of Justice said that members of the encampment must take down the tents within 24 hours, by 6 p.m. on Wednesday, July 3. Toronto Police will have […]
The post University of Toronto is granted an injunction to dismantle a pro-Palestinian encampment that has been on campus for two months appeared first on The Canadian Jewish News.
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Jewish Cemeteries Vandalized in Cincinnati, Montreal
Vandals in Canada targeted a Jewish cemetery. Photo: Screenshot
Vandals have targeted notable Jewish cemeteries in Cincinnati, Ohio and Montreal, Canada, sparking outcry and concern over mounting threats of antisemitism.
Vandals at Montreal’s Kehal Yisrael Cemetery placed memorial stones in the shape of a Nazi swastika on top of tombstones. Ones with the last names Eichler and Herman were targeted in the antisemitic attack.
Placing memorial stones on graves is an ancient Jewish custom to memorialize the dead. Jewish cemeteries oftentimes have stones nearby tombstones for mourners.
Canadian leaders decried the vandalism.
“It is absolutely abhorrent and revolting to defile the dead with swastikas,” Jeremy Levi, the Jewish mayor of a Jewish-majority suburb of Montreal, commented on X/Twitter. “This desecration at the Kehal Israel cemetery in Montreal is beyond contempt. [Canadian Prime Minister] Justin Trudeau, step aside and get out of the way so we can reclaim our country. May this Kohen’s neshama have an Aliyah on high.” One of the tombstones vandalized belonged to a Kohen.
The leader of the Conservative Party in Canada’s parliament and candidate for prime minister, Pierre Poilievre, lambasted Trudeau and denounced antisemitism. “We cannot close our eyes to the disgusting acts of antisemitism that are happening in our country everyday,” he posted on X/Twitter. “The prime minister must finally act to stop these displays of antisemitism. If he won’t, a common sense Conservative government will.”
Canada, like many countries around the world, has experienced a surge in antisemitic incidents since the Palestinian terrorist group Hamas’ massacre across southern Israel on Oct. 7.
Meanwhile in Cincinnati, vandals targeted two historic Jewish cemeteries this past week, toppling and shattering ancient tombstones — some dating back to the 1800s.
According to a statement from the Jewish Federation of Cincinnati, 176 gravesites in Cincinnati’s West Side were ruined “in an act of antisemitic vandalism.”
“Due to the extensive damage and the historical nature of many of the gravestones, we have not yet been able to identify all the families affected by this act,” the statement continued. “Our community [is] heartbroken.”
The Cincinnati Police Department and the FBI are investigating the incidents.
The destruction of monuments is the latest in a greater trend of antisemitic vandalism. In an incident over the weekend, vandals in Australia targeted war memorials dedicated to Australian veterans who sacrificed their lives in Korea and Vietnam with pro-Hamas graffiti.
A couple weeks earlier, vandals in Belgium defaced two memorials for Holocaust victims with swastikas and a phrase calling for violence against Israel. In Germany, meanwhile, at least seven stolpersteine, or stumbling blocks in the sidewalk meant to mark Jewish homes seized by the Nazis, were defaced with the message “Jews are perpetrators.”
The US, Canada, Europe, and Australia have all experienced an explosion of antisemitic incidents in the wake of the Hamas atrocities of Oct. 7, and amid the ensuing war in Gaza. In many countries, anti-Jewish hate crimes have spiked to record levels.
According to the B’nai Brith, antisemitic incidents in Canada more than doubled in 2023 compared to the prior year.
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UN Launches Probe Into Anti-Israel Rapporteur for Allegedly Accepting Trip Funded by Pro-Hamas Organizations
Francesca Albanese, UN special rapporteur on human rights in the Palestinian territories, attends a side event during the Human Rights Council at the United Nations in Geneva, Switzerland, March 26, 2024. Photo: REUTERS/Denis Balibouse
The United Nations has opened an investigation into allegations that its special rapporteur on the human rights situation in the Palestinian territories accepted an all-expense paid trip to Australia from various pro-Hamas groups.
In November 2023, Francesca Albanese allegedly traversed around the Australian continent on a trip whose high price tag was covered by anti-Israel organizations, according to documentation acquired by UN Watch, a Geneva-based NGO that monitors the UN.
Albanese initially landed in Sydney and subsequently enjoyed flights into Melbourne, Adelaide, and Canberra, as well as Auckland and Wellington in New Zealand. The glamorous excursion is estimated to have cost a staggering $22,500.
The UN Investigations Division of the Office of Internal Oversight Services (OIOS) told UN Watch last week that it had alerted the High Commissioner for Human Rights of the allegations of financial impropriety levied at Albanese.
In a letter sent to UN leadership last month, UN Watch executive director Hillel Neuer outlined evidence based on multiple sources indicating that Hamas-supporting organizations funded Albanese’s trip to Australia, which has been experiencing an alarming spike in antisemitic incidents since the start of the Israel-Hamas war in October.
Australian Friends of Palestine Association (AFOPA), an organization that lobbies Australian politicians on behalf of the pro-Palestinian cause, claimed on its website that it “sponsored Ms. Albanese’s visit to Australia” to speak at its annual Edward Said Memorial Lecture in Adelaide. During the lecture, Albanese thanked AFOPA for “organizing such a busy visit,” in which she met with numerous Australian politicians and foreign ministry officials.
Free Palestine Melbourne (FPM) and Palestinian Christians in Australia (PCIA) both claimed to have “supported her visit to Victoria, ACT [Australian Capital Territory] and NSW [New South Wales].” Both groups also publicly declare that they participate in explicit lobbying of Australian politicians in an attempt to “change their minds” on the Israeli-Palestinian conflict.
While on her visit, Albanese served as a keynote speaker at a PCIA fundraiser. FPM encourages politicians to endorse the boycott, divestment, and sanctions (BDS) movement, which seeks to isolate Israel on the international stage economically and politically as the first step toward the Jewish state’s eventual elimination.
Australian Palestinian Advocacy Network (APAN) said it was “honored to support” Albanese’s visit. The organization’s president, Nasser Mashni, openly endorses the terrorist group Hamas and has stated that the eradication of Israel is necessary to secure “the liberation of earth.” APAN states that it “facilitated a range of meetings” for Albanese with Australian parliamentarians.
Palestinians in Aotearoa Co-ordinating Committee (PACC) and Palestine Solidarity Network Aotearoa (PSNA) both organized and likely bankrolled Albanese’s trip to New Zealand, according to UN Watch. At the behest of these groups, Albanese helped lobby a New Zealand sovereign wealth fund to divest from Israel-linked companies.
Albanese outright denied that her trip was funded by Palestinian lobbying organizations, insisting that the UN footed the bill.
“Yet another trail of egregiously false claims agst me,” she tweeted. “My trip to Australia was paid by the UN as part of my mandate’s activities. Continuous defamation agst my mandate may be well remunerated,but won’t work. It just wastes time that should be used to help stop violence in [the Palestinian territories].”
Albanese did not present any documentation confirming that the UN paid for her travel and accommodations. Rather, she pointed at a statement from AFOPA reading, “Ms. Albanese was authorized by the UN to accept AFOPA’s invitation to deliver the Edward Said Memorial Lecture. The UN funded Ms. Albanese’s travel & accommodation costs. No Palestinian Solidarity group paid for this trip.”
Albanese has an extensive history of using her role at the UN to denigrate Israel and seemingly rationalize Hamas’ attacks on the Jewish state.
In April, Albanese issued public support for the pro-Hamas protests and encampments on American university campuses, saying that they gave her “hope.” She has also repeatedly falsely accused the Jewish state of committing “genocide” against Palestinians in Gaza and enacting “apartheid” in the West Bank without condemning Hamas’ terrorism against Israelis.
In February, Albanese claimed Israelis were “colonialists” who had “fake identities.” Previously, she defended Palestinians’ “right to resist” Israeli “occupation” at a time when over 1,100 rockets were fired by Gaza terrorists at Israel. Last year, US lawmakers called for the firing of Albanese for what they described as her “outrageous” antisemitic statements, including a 2014 letter in which she claimed America was “subjugated by the Jewish lobby.”
Albanese’s anti-Israel comments have earned her the praise of Hamas officials in the past.
Additionally, in response to French President Emmanuel Macron calling Hamas’ Oct. 7 massacre across southern Israel the “largest antisemitic massacre of the 21st century,” Albanese said, “No, Mr. Macron. The victims of Oct. 7 were not killed because of their Judaism, but in response to Israel’s oppression.”
Video footage of the Oct. 7 onslaught showed Palestinian terrorists led by Hamas celebrating the fact that they were murdering Jews.
Nevertheless, Albanese has argued that Israel should make peace with Hamas, saying that it “needs to make peace with Hamas in order to not be threatened by Hamas.”
The UN did not respond to a request for comment for this story.
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