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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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US State Department Revokes Visas of UK Punk Rap Act Bob Vylan Amid Outrage Over Duo’s Chants of ‘Death to the IDF’
Bob Vylan music duo performance at Glastonbury Festival (Source: FLIKR)
The US State Department has revoked the visas for the English punk rap duo Bob Vylan amid ongoing outrage over their weekend performance at the Glastonbury Festival, in which the pair chanted “Death to the IDF.”
The State Department’s decision to cancel their visas would preclude a planned fall concert tour of the US by the British rappers.
“The [US State Department] has revoked the US visas for the members of the Bob Vylan band in light of their hateful tirade at Glastonbury, including leading the crowd in death chants. Foreigners who glorify violence and hatred are not welcome visitors to our country,” Deputy Secretary of State Christopher Landau wrote on X/Twitter on Monday.
During a June 28 set at Glastonbury Festival, Bob Vylan’s Pascal Robinson-Foster ignited a firestorm by leading the crowd in chants of “Death, death, to the IDF,” referring to the Israel Defense Forces. He also complained about working for a “f—ing Zionist” during the set.
The video of the performance went viral, sparking outrage across the globe.
The BBC, which streamed the performance live, issued an on‑screen warning but continued its broadcast, prompting criticism by government officials for failing to cut the feed.
Prime Minister Keir Starmer and festival organizers condemned the IDF chant as hate speech and incitement to violence. The Israeli Embassy in London denounced the language as “inflammatory and hateful.”
“Millions of people tuned in to enjoy Glastonbury this weekend across the BBC’s output but one performance within our livestreams included comments that were deeply offensive,” the BBC said in a statement following the event.
“These abhorrent chants, which included calls for the death of members of the Israeli Defense Forces … have no place in any civil society,” Leo Terrell, Chair of the US Department of Justice Task Force to Combat Antisemitism, declared Sunday in a statement posted on X.
Citing the act’s US tour plans, Terrell said his task force would be “reaching out to the U.S. Department of State on Monday to determine what measures are available to address the situation and to prevent the promotion of violent antisemitic rhetoric in the United States.”
British authorities, meanwhile, have launched a formal investigation into Bob Vylan’s controversial appearance at Glastonbury. Avon and Somerset Police confirmed they are reviewing footage and working with the Crown Prosecution Service to determine whether the performance constitutes a hate crime or incitement to violence.
United Talent Agency (UTA), one of the premier entertainment talent agencies, dropped the duo, claming “antisemitic sentiments expressed by the group were utterly unacceptable.”
The band defended their performance on social media as necessary protest, stating that “teaching our children to speak up for the change they want and need is the only way that we make this world a better place.”
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Dem House Leader Hakeem Jeffries Urges Mamdani to ‘Aggressively Address’ Antisemitism in NYC if Elected Mayor
Rep. Hakeem Jeffries (D-NY). Photo: Wikimedia Commons.
US House Democratic leader Rep. Hakeem Jeffries (NY) urged Democratic nominee for mayor of New York Zohran Mamdani to “aggressively address the rise in antisemitism” if he wins the general election in November.
“‘Globalizing the intifada’ by way of example is not an acceptable phrasing,” Jeffries said Sunday on ABC’s This Week. “He’s going to have to clarify his position on that as he moves forward.”
“With respect to the Jewish communities that I represent, I think our nominee is going to have to convince folks that he is prepared to aggressively address the rise in antisemitism in the city of New York, which has been an unacceptable development,” he added.
Jeffries’s comments come as Mamdani has been receiving an onslaught of criticism for defending the controversial phrase “globalize the intifada.”
Mamdani first defended the phrase during an appearance on the popular Bulwark Podcast. The progressive firebrand stated that he feels “less comfortable with the banning of certain words.” He invoked the US Holocaust Museum in his defense, saying that the museum used the word intifada “when translating the Warsaw Ghetto Uprising into Arabic, because it’s a word that means ‘struggle.’”
The Holocaust Museum repudiated Mamdani in a statement, calling his comments “offensive.”
Mamdani has continued to defend the slogan despite ongoing criticism, arguing that pro-Palestine advocates perceive it as a call for “universal human rights.”
Mamdani, the 33‑year‑old state assembly member and proud democratic socialist, defeated former New York Gov. Andrew Cuomo and other candidates in a lopsided first‑round win in the city’s Democratic primary for mayor, notching approximately 43.5 percent of first‑choice votes compared to Cuomo’s 36.4 percent.
The election results have alarmed members of the local Jewish community, who expressed deep concern over his past criticism of Israel and defense of antisemitic rhetoric.
“Mamdani’s election is the greatest existential threat to a metropolitan Jewish population since the election of the notorious antisemite Karl Lueger in Vienna,” Rabbi Marc Schneier, one of the most prominent Jewish leaders in New York City, said in a statement. “Jewish leaders must come together as a united force to prevent a mass Jewish Exodus from New York City.”
Some key Democratic leaders in New York, such as US Senate Minority Leader Chuck Schumer and Gov. Kathy Hochul, have congratulated and complimented Mamdani, but have not yet issued an explicit endorsement. Each official has signaled interest in meeting with Mamdani prior to making a decision on a formal endorsement.
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Israel Eyes Ties With Syria and Lebanon After Iran War
Israeli Foreign Minister Gideon Saar attends a press conference with German Foreign Minister Johann Wadephul (not pictured) in Berlin, Germany, June 5, 2025. Photo: REUTERS/Christian Mang
Israel is interested in establishing formal diplomatic relations with long-standing adversaries Syria and Lebanon, but the status of the Golan Heights is non-negotiable, Israeli Foreign Minister Gideon Saar said on Monday.
Israeli leaders argue that with its rival Iran weakened by this month’s 12-day war, other countries in the region have an opportunity to forge ties with Israel.
The Middle East has been upended by nearly two years of war in Gaza, during which Israel also carried out airstrikes and ground operations in Lebanon targeting Iran-backed Hezbollah, and by the overthrow of former Syrian leader and Iran ally Bashar al-Assad.
In 2020, the United Arab Emirates, Bahrain, and Morocco became the first Arab states to establish ties with Israel since Jordan in 1994 and Egypt in 1979. The normalization agreements with Israel were deeply unpopular in the Arab world.
“We have an interest in adding countries such as Syria and Lebanon, our neighbors, to the circle of peace and normalization, while safeguarding Israel‘s essential and security interests,” Saar said at a press conference in Jerusalem.
“The Golan will remain part of the State of Israel,” he said.
Israel annexed the Golan Heights in 1981 after capturing the territory from Syria during the 1967 Six-Day War. While much of the international community regards the Golan as occupied Syrian land, US President Donald Trump recognized Israeli sovereignty over it during his first term in office.
Following Assad’s ousting, Israeli forces moved further into Syrian territory.
A senior Syrian official, speaking on condition of anonymity, said Syria would never give up the Golan Heights, describing it as an integral part of Syrian territory.
The official also said that normalization efforts with Israel must be part of the 2002 Arab Peace Initiative and not carried out through a separate track.
A spokesperson for Syria‘s foreign ministry did not immediately respond to a Reuters request for comment.
The 2002 initiative proposed Arab normalization with Israel in exchange for its withdrawal from territories including the Golan Heights, the West Bank, and Gaza. It also called for the establishment of an independent Palestinian state with East Jerusalem as its capital.
Throughout the war in Gaza, regional power Saudi Arabia has repeatedly said that establishing ties with Israel was conditional on the creation of an independent Palestinian state.
Israel‘s Saar said it was “not constructive” for other states to condition normalization on Palestinian statehood.
“Our view is that a Palestinian state will threaten the security of the State of Israel,” he said.
In May, Reuters reported that Israel and Syria‘s new Islamist rulers had established direct contact and held face-to-face meetings aimed at de-escalating tensions and preventing renewed conflict along their shared border.
The same month, US President Donald Trump announced the US would lift sanctions on Syria and met Syria‘s new president, urging him to normalize ties with Israel.
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