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Israel faces charges of genocide at the International Court of Justice. Here’s why, and how Israel will respond.

WASHINGTON (JTA) — Perhaps the most famous court case in Israel history was the trial of Adolf Eichmann, one of the architects of the Holocaust. Next week, more than 60 years later, lawyers for the Israeli government will again grapple with an allegation of genocide — but this time as defendants and not as prosecutors.

That grim history helps explain why Israel has chosen to engage with the International Court of Justice, which will weigh a claim by South Africa that Israel is committing genocide in its war against Hamas in Gaza. Israel is furious at the accusation, which it called a perversion of the genocide charge.

The ICJ will base its judgment on the 1948 U.N. Genocide Convention, which Israel joined almost as soon as the state was established because the convention was written in the wake of the Holocaust, in hopes of preventing another genocide.

“Israel decided to send a legal team because this is an outrageous application by South Africa and we will defend ourselves against those lies,” Lior Hayat, the spokesman for Israel’s Foreign Ministry, said in an interview.

Here’s what’s behind the accusation, how Israel is defending it and what to anticipate.

Who is adjudicating the accusation, and when?

The International Court of Justice, based in The Hague in the Netherlands, adjudicates claims against states. In the past it has considered disputes on everything from maritime border disputes to the United States’ funding of the Contras rebel groups in Nicaragua in the 1980s. The court, first convened in 1946, is the culmination of a series of international conferences that aimed to adjudicate disputes between nations as a means of preventing war.

The court has previously considered cases involving Israel’s treatment of the Palestinians, the moving of the U.S. embassy from Tel Aviv to Jerusalem and an incident in 1955 in which an El Al flight was shot down over Bulgarian airspace.

The International Criminal Court in the same city adjudicates criminal allegations against individuals, such as generals or notorious despots including Libya’s Muammar Ghaddafi and Russian President Vladimir Putin. 

The case was initiated late last month by South Africa, and the first hearings are next week, Jan. 11 and 12.

Why is Israel participating?

Israel has a tradition of not engaging with war crimes accusations against its officials, in part because it is not party to the 2002 compact that created the International Criminal CourtIn light of the United Nations’ repeated votes and other measures placing blame on Israel, Israel sees the U.N. system as irredeemably biased, and feels that the charges are likely to be loaded.

But Israeli officials say the charge of genocide is too much for a state born in the ashes of the Holocaust to ignore.

“The State of Israel will appear before the International Court of Justice at The Hague to dispel South Africa’s absurd blood libel,” Eylon Levy, a government spokesman, said on Jan. 2.

Rumors have circulated that Alan Dershowitz, the emeritus Harvard Law professor and Israel advocate, will be part of Israel’s legal team, though he has not confirmed his participation. Dershowitz has been on the legal teams of other famous defendants, including O.J. Simpson and, more recently, President Donald Trump during his first impeachment trial. He did not reply to a request for comment.

Beyond seeking to stake a moral defense against a crime it has prosecuted against Nazi war criminals, there are practical reasons for Israel to participate. The ICJ’s process may take years, but if after next week’s hearing it finds enough evidence to go forward, it may call on the parties in the Gaza war to cease hostilities.

Such a court order would establish a legal basis for countries to boycott and isolate Israel and to restrict the movement of its officials if Israel does not comply.

Two years ago, Ukraine sought and received a similar order from the court in its efforts to repel Russia’s invasion. But while both cases involve genocide, the Russia and Israel trials differ: Ukraine is not accusing Russia of genocide. Rather, it went to the ICJ to contest Russia’s accusation that Ukraine is committing genocide — which Putin has cited as a pretext for the war.

Russia, which is massive and has built an insular economy, ignored the order. But Israel, a small country allied with the West, can’t afford to make the same choice, said Orde Kittrie, a senior fellow at the Foundation for Defense of Democracies, an influential Washington think tank with close ties to Israel’s government.

“If Israel is ordered to do what Russia [was] ordered to do, which would be to immediately suspend its military operations, it would certainly be bad for Israel from a PR perspective,” said Kittrie, who is a law professor at Arizona State University. “You don’t want to be violating international law. You don’t want to be fighting when you’ve been told to stop.”

The Biden administration has indicated that it will not honor any injunctions targeting Israel as a result of the genocide charges. “We find this submission meritless, counterproductive, and completely without any basis in fact whatsoever,” National Security Council spokesman John Kirby said on Wednesday.

Pro-Palestinian protestors supporting the Boycott, Divestment and Sanctions campaign against Israel in Cape Town, South Africa, Sept. 21, 2015. Michelly Rall/Getty Images)

Why is South Africa making the charge?

South Africa’s government sees itself as a bulwark against what it casts as western imperialism. It also wants to push back against perceptions in the West that, since the end of apartheid in the early 1990s, it has devolved into corruption, authoritarianism and alliances with repressive regimes.

In 2017, it ignored an ICC warrant for the arrest of then-Sudanese president Omar al-Bashir on genocide charges, allowing him to enter the country.

In addition to the genocide accusation, it has embraced charges that Israel is guilty of apartheid, the crime of institutionalized racial discrimination that was South Africa’s hallmark under white minority rule for decades. Its leaders have never forgiven Israel for cozying up to the apartheid regime. Its parliament in November, in a non-binding vote, said the government should expel Israeli diplomats.

“South Africa has been engaged on the Palestinian issue since really the end of apartheid and the founding of the state,” Michael Walsh, a visiting scholar at the University of California Berkeley, told Vox. “It’s been a prominent issue in South African politics and among South African leaders.”

What is the basis for the genocide accusation?

Pro-Palestinian activists and anti-Zionist figures have been accusing Israel of genocide since the earliest days of the war — an allegation Israeli and other scholars across the political spectrum have strenuously denied both in this conflict and previous rounds of fighting. (A recent letter by a group of Israeli public figures — unconnected with the ICJ case — did accuse some Israeli officials of incitement to genocide, though not of the crime of genocide itself.)

South Africa’s charging document in the ICJ case, which outlines what it calls acts of genocide and also intent, relies on many of the same arguments pro-Palestinian activists have made in recent months.

The acts are drawn from news accounts of the carnage, which according to the Hamas-run Gaza Health Ministry has topped 22,000 Palestinian casualties, including thousands of children. That number doesn’t differentiate between civilians and combatants. 

Also included are warnings by international bodies that the population of the enclave is on the verge of mass starvation and disease. “The acts in which Israel has engaged … are genocidal in character, having regard to their nature, scope and context,” the charging document says.

In seeking to establish intent, South Africa quotes statements by Israeli leaders, including Prime Minister Benjamin Netanyahu, that South Africa claims are genocidal in scope.

That is an “extraordinarily challenging” standard to meet, according to an analysis by Alaa Hachem and Oona Hathaway at Just Security, an online security think tank run out of the New York University School of Law. “It requires proof of a specific intent to destroy a group in whole or in part.”

The South African charging document quotes a speech Netanyahu delivered to the Knesset, describing the war as “a struggle between the children of light and the children of darkness, between humanity and the law of the jungle,” which South Africa called a “a dehumanizing theme to which he returned on various occasions.”

That quote and some of the others in the document, the FDD’s Kittrie noted, refer not to the Palestinians as a whole but to Hamas. Kittrie said that Israeli leaders on other occasions have made clear that their war is with the terrorist group that launched the conflict with massacres that took the lives of some 1,200 people, most of them civilians, on Oct. 7.

“Our war against Hamas, the Hamas terrorist organization, is a war — it’s not a war against the people of Gaza,” Defense Minister Yoav Gallant said last month at a press conference with Lloyd Austin, the U.S. defense secretary.

Smoke is seen over Beit Hanoun in the Gaza Strip from the Israeli side of the border, Oct. 27, 2023. (Amir Levy/Getty Images)

Other more damning quotes cited in the document come from figures on the far right. It quotes for instance Amichai Eliahu, the minister of heritage who is a member of the Otzma Yehudit, or Jewish Power, party, who has said, “There is no such thing as uninvolved civilians in Gaza” and has called to nuke the territory.

Those figures are not making decisions in the war, Kittrie said. “The South Africans point to a few statements by members of the Knesset,” he said. “They take some statements out of context.”

That may be the case, said Yaniv Roznai, a law professor at Reichman University in Israel, but it is incumbent on Netanyahu and others to get their allies to avoid indulging fantasies of ethnic cleansing at an extraordinarily risky time.

“Instead of understanding that words have meanings, and that we are in wartime and to watch their mouths and not say really stupid things,” Netanyahu and others are “trying to explain them,” Roznai said in a podcast for UnXeptable, a group that opposes the massive judicial reforms Netanyahu sought before the war.

What will Israel’s case be?

Kittrie said Israel will be able to show it has instituted mitigation measures in its military campaign. 

“Israel’s extensive advance warning and other measures to mitigate harm to Gaza civilians make clear that Israel’s goal is not to commit genocide but, far from it, to instead minimize Palestinian civilian casualties while lawfully exercising Israel’s rights to rescue its hostages, apprehend the Oct. 7 perpetrators, and ensure that Israel’s population is secure from further attacks,” he said.

Israeli spokespeople have also suggested that Israel will seek to turn the tables, and level charges of genocide against Hamas. 

“The Hamas terrorist organization — which is committing war crimes, crimes against humanity and sought to commit genocide on 7 October — is responsible for the suffering of the Palestinians in the Gaza Strip by using them as human shields and stealing humanitarian aid from them,” the Foreign Ministry’s Hayat said in a statement.


The post Israel faces charges of genocide at the International Court of Justice. Here’s why, and how Israel will respond. appeared first on Jewish Telegraphic Agency.

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‘The Jewish Spirit’: Holocaust Survivors, Freed Israeli Hostages Gather at Auschwitz for ‘March of the Living’

Holocaust survivors, relatives of Israeli hostages, and survivors of Hamas captivity marched together at Auschwitz for the annual March of the Living on April 24, 2025. Photo: Chen Schimmel

Oswiecim, Poland — Holocaust survivors, relatives of Israeli hostages, and survivors of Hamas captivity marched together at Auschwitz, the infamous former Nazi concentration camp in Poland, for the first time on Thursday, joining Israeli President Isaac Herzog in the annual March of the Living.

The march from Auschwitz I to Auschwitz II-Birkenau — the Nazis’ largest death camp where 1 million Jews were murdered during World War II — took place on Israel’s Holocaust Remembrance Day and included 80 Holocaust survivors, many of whom were also death march survivors, to mark 80 years since the liberation of the camps. 

March of the Living president Phyllis Greenberg Heideman addressed the survivors, who were seated next to the gate bearing the notorious inscription, “Work sets you free.”

“It’s a strange thing to say, but we welcome you to Auschwitz,” she said. “You are the true heroes. We will treasure your legacy forever.”

Almog Meir Jan and his mother Orit. Almog was rescued by the IDF on June 5 during the Arnon Mission. Photo: Chen Schimmel

Standing outside the crematoria and gas chambers at Auschwitz I, recently released hostage Eli Sharabi said, “The Holocaust was unlike anything else — we will never forget and never forgive.”

“But our presence here is the triumph of the Jewish spirit. The Jewish people sanctify life, not death. I endured horrors in enemy captivity, but I chose life. That gives me hope to get up each morning and begin rebuilding,” he added. 

Sharabi, whose wife and daughters were murdered during Hamas’s Oct. 7, 2023, massacre across southern Israel, was released in February after nearly 500 days in captivity. His emaciated appearance as he was paraded through Gaza on his release led to comparisons with concentration camp survivors. 

Pro-Israel influencer Shiraz Shukran broke down after seeing Sharabi. The two embraced for several minutes. “Seeing him in real life, in this place, just made it all suddenly seem very close. This is no longer something that happened 80 years ago; it’s continuing until this day,” Shukran told The Algemeiner.

Pro-Israel influencer Shiraz Shukran embracing former hostage Eli Sharabi. Photo: Debbie Weiss / The Algemeiner

In remarks to reporters prior to the march, Herzog called the return of the hostages a “universal human imperative.”

“With a broken heart, I remind us all that although after the Holocaust we vowed, ‘Never again,’ today, even as we stand here, the souls of dozens of Jews again ‘yearn within a cage,’ ‘thirsting for water and for freedom,’ as 59 of our brothers and sisters are held by terrorist murderers in Gaza, in a horrific crime against humanity,” Herzog said, referring to the hostages kidnapped during Hamas’s Oct. 7 invasion who remain in captivity.

His Polish counterpart, President Andrzej Duda, said the march was “a dramatic call of ‘never again.’ No more hatred, no more discrimination, no more antisemitism.”

He called for “all wars in the Middle East to end,” and for a two-state solution, which he said was the “most rational solution [to the Israeli-Palestinian conflict] that gives hope for achieving stable and lasting peace.”

The two leaders signed the visitors’ book and laid a wreath at Auschwitz’s Black Wall, where the Nazis executed prisoners.

At the march’s opening ceremony, the head of the Republican Jewish Coalition, Matt Brooks, lit one of six candles — representing the six million Jews murdered by the Nazis — and addressed rising antisemitism in the world.  

“Jews all over the world fear walking streets with a kippah and it’s unacceptable. College students are being attacked verbally and physically,” he told The Algemeiner. 

He praised US President Donald Trump for “combating this scourge.”

“There’s a new sheriff in town. It’s my hope the rest of the world can look to him to see how to support and defend the Jewish community against these vile attacks,” he said.

Matt Brooks, chief executive officer of the Republican Jewish Coalition, with Malcolm Hoenlein, vice chairman emeritus of the Conference of Presidents of Major American Jewish Organizations. Photo: Debbie Weiss / The Algemeiner

In Block 5, where thousands of victims’ eyeglasses are displayed behind glass, Laly Dery told a delegation of Israeli teenagers from the national civil service about her son, Sgt. First Class (res.) Saadia, who fell in battle in Gaza in June.  

“Just like my son, who served the country with every fiber of his being, you have earned the enormous privilege of serving the state of Israel,” Dery said. 

Derai’s words resonated with Sara Bisan, the only member of the national service delegation not wearing an Israeli flag. Instead, Bisan wore the distinctive multi-colored flag of the Druze community to which she belongs.

“I feel her pain, and it hurts,” Bisan said, reflecting on the death of her own friend from the northern Druze village of Kfar Yarka, who was also killed in Gaza.  

“But our people, the Druze and the Jews, share a lot, including a love of Israel. I also feel that serving the state of Israel is a privilege,” she added.

Sara Bisan. Photo: Debbie Weiss / The Algemeiner

Twelve thousand participants marched the 1.7 miles from Auschwitz to Birkenau for the main ceremony, which was cut short this year due to heavy rain.

As thunder echoed overhead, released hostage Agam Berger played the theme from “Schindler’s List” on a 150-year-old violin rescued during the Holocaust. Daniel Weiss, a survivor from Kibbutz Be’eri whose father was murdered on Oct. 7 and whose mother was abducted and later killed in Gaza, performed a musical rendition of the psalm Shir Lamaalot alongside her.

The Lord will guard you from all evil; He will guard your soul,” Weiss sang, his voice quavering.

The post ‘The Jewish Spirit’: Holocaust Survivors, Freed Israeli Hostages Gather at Auschwitz for ‘March of the Living’ first appeared on Algemeiner.com.

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French Far-Left Party Calls for Ban on Israeli Pop Star Eyal Golan’s Paris Concert

Eyal Golan. Photo: Screenshot

France’s leading far-left party has called for the cancellation of Israeli pop star Eyal Golan’s upcoming concert in Paris, describing him as “a true mouthpiece for supporters of genocide” in Gaza.

In a statement released on Wednesday, the La France Insoumise party (LFI — “France Unbowed”), led by leftist Jean-Luc Mélenchon, urged the National Assembly — the lower house of the French Parliament — to ban Golan’s upcoming concert, claiming that he “should not come to sing the praises of genocide in Paris.”

“We call for a broad mobilization to prevent this event from taking place,” LFI lawmakers wrote in the statement, referring to Golan’s concert scheduled for May 20. “We ask the prefect to ban it immediately.”

“No one should come to Paris to sing hymns to the genocide of the Palestinian people,” the statement continued.

According to the party, the 54-year-old singer called for “the extermination of the Palestinian people” in a social media post the day after the Hamas-led invasion of and massacre across southern Israel on October 7, 2023, in which he wrote, “Leave no soul alive.”

LFI also said that Golan “repeated the statement a week later, before receiving support from far-right minister Itamar Ben-Gvir,” who serves as Israel’s national security minister.

In their statement, LFI lawmakers claimed that Golan’s concert, expected to gather more than 4,500 people, “constitutes a real voice for genocide supporters.”

“France cannot tolerate such an unnecessary insult to the thousands of Gaza victims and their loved ones,” the statement read.

In response to these accusations, Liam Productions, the event organizer, denounced the push to cancel Golan’s concert as antisemitic and expressed their eagerness to meet the Jewish community in France, promising a “unifying and special evening.”

“On Holocaust Remembrance Day, as we remember the consequences of staying silent in the face of hate, far-left parties in France seek to boycott an Israeli artist simply because he is Israeli,” the statement read.

“This is not freedom of expression — it is antisemitism disguised as morality. The people of Israel will not be silent, will not apologize, and will not stop singing.”

Mélenchon and his party have a long history of pushing anti-Israel policies and, according to Jewish leaders, of making antisemitic comments — such as suggesting that Jews killed Jesus, echoing a false claim that was used to justify antisemitic violence and discrimination throughout the Middle Ages in Europe.

The French diplomat has been criticized by French Jews as a threat to their community, as well as to those who support Israel.

Mélenchon has previously described the French Jewish community as “an arrogant minority that lectures to the rest.” He has also urged the French government to recognize a “Palestinian state.”

In the wake of the Hamas onslaught on Israel, Mélenchon and his party issued a statement calling the attacks “an armed offensive by Palestinian forces” in response to the ongoing Israeli “occupation.”

Last year, Mélenchon openly expressed support for Hezbollah on social media, as the Iran-backed terrorist organization based in Lebanon continued to clash with Israel.

“Mass killing in Lebanon by Netanyahu’s invading army,” Melenchon wrote in a post on X, referring to Israeli Prime Minister Benjamin Netanyahu. “The toll is getting worse by the hour. Full support for the national resistance of the Lebanese.”

France has experienced a disturbing surge in antisemitic incidents since the Oct. 7 atrocities, with 1,570 anti-Jewish hate crimes recorded last year.

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, according to a report by the Representative Council of Jewish Institutions of France (CRIF) — the main representative body of French Jews.

“LFI has given antisemitism a political endorsement,” CRIF president Yonathan Arfi told the French publication Le Point last year. “We observe this toxic porosity between criticism of Israel and the ostracization of French Jews. The Palestinian cause becomes a license to hate.”

In late May and early June, antisemitic acts rose by more than 140 percent in France, 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.

The post French Far-Left Party Calls for Ban on Israeli Pop Star Eyal Golan’s Paris Concert first appeared on Algemeiner.com.

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Trump Signs Seismic Executive Order on Foreign Funding in Higher Education

US Secretary of Education Linda McMahon shakes hands with Annette Albright next to US President Donald Trump during an event to sign executive orders in the Oval Office at the White House in Washington, DC, US, April 23, 2025. Photo: Leah Millis via Reuters Connect.

US President Donald Trump has signed a seismic executive order to strengthen federal law which colleges and universities have long circumvented to avoid reporting donations they receive from illiberal foreign governments and individuals.

“Protecting American educational, cultural, and national security interests requires transparency regarding foreign funds flowing to American higher education and research institutions,” Trump said in the order, which was signed in the Oval Office in the presence of the Secretary of Education Linda McMahon on Wednesday. “It is the policy of my administration to end the secrecy surrounding foreign funds in American educational institutions, protect the marketplace of ideas from propaganda sponsored by foreign governments, and safeguard America’s students and research from foreign exploitation.”

The executive order noted that during Trump’s first term in office, the Education Department launched investigations of 19 higher education institutions suspected of concealing foreign donations and any undue influence the immense sums may have gained the country from which they originated — inquiries that led to the disclosure of $6.5 billion worth of unreported gifts. The Biden administration, he said, “undid” that work, “hindering public access to information on foreign gifts and contracts.”

The remainder of the order enumerates enforcement duties delegated to McMahon, which include reversing Biden-era policies which countenanced lax observance of the law — Section 117 of the Higher Education Act (HEA) of 1965 — updating the public on the department’s findings, and impounding federal funds appropriated to institutions that continue to shroud their foreign donations behind a veil of secrecy and corporate spin.

“Unfortunately, in the last four years, the Biden administration undermined the structures the president built to do this critical work, allowing nations like China and Qatar to funnel billions of dollars to US universities with little to no oversight,” McMahon said in a statement. “This financial infiltration enabled foreign governments to steal taxpayer-funded intellectual property and reshape how our elite campuses teach about Israel and the Middle East.”

Foreign money in higher education is an issue to which scholars and nonprofit groups have called attention for years, arguing that it is an instrument of hostile powers that aim to distort US foreign policy by exposing students to propaganda or other ideas which undermine faith in liberal values such as free markets, limited government, and freedom of the press. Some of it is used to rehabilitate the reputations of authoritarian governments, a tactic which, experts argue, effectively converts the openness of American society into a force of its own self-subversion.

For example, according to the 2017 National Association of Scholars (NAS) report “Outsourced to China: Confucius Institutes and Soft Power in American Higher Education,” the Chinese Communist Party (CCP) for years planted “Confucius Institutes” at universities across the US, teaching students that Taiwan is Chinese territory while censoring darker moments in the regime’s history, such as the Tiananmen Square massacre that killed thousands of Chinese citizens. The institutes, the report added, came with substantial financial benefits, such as extra funds for the University at Buffalo’s Asian studies department and “opera costumes and materials in the lobby of Binghamton University.”

At other times, the Confucius Institutes were allegedly used as bases from which to conduct espionage and theft of American research and intellectual property.

NAS president Peter Wood told The Algemeiner on Thursday that Trump’s executive order is the right move, but that higher education will “resist” complying with it.

“What is at stake here is not just compliance with a good accounting principle. What is really at stake is the contempt with which many college and university presidents regard America’s national interest,” Wood said. “Allowing our universities to become beholden to the Chinese Community Party endangers Americans. The National Association of Scholars has helped to track the theft of intellectual property, the duplicity of American researchers, and the diversion research programs all under the influence of Chinese funding. China is far from the only source of such subversive funding, but it is by far the largest source.”

He added, “President Trump’s forceful executive order will go a long way towards curing this problem. We can be under no illusion, however, that America’s colleges and universities will cheerfully comply. They have a long record of ignoring lawful requirements for such disclosure and they are now more eager than ever to demonstrate their defiance of America’s laws. In light of other executive orders against [diversity, equity, and inclusion] and other forms of academic malfeasance, dozens of prominent research universities are openly declaring that they intend to resist.”

NAS has recorded copious data on foreign funding of higher education, notably in the Foreign Donor Database it created in 2024 that led to the uncovering of vast sums the Qatari government had pumped into American universities — Cornell University received over $322 million, for example, from the Qatar National Research Fund between 2015 and 2018 — to promote pro-Hamas propaganda.

Alex Joffe, anthropologist and editor of BDS Monitor for Scholars for Peace in the Middle East (SPME), told The Algemeiner that Qatar has “given billions to universities, including to share their Middle East studies program which then in turn develop and disseminate K-12 curriculums which are dramatically anti-Israel, antisemitic, and pro-Islamist.”

The donation of billions of unreported dollars to US institutions of higher education is strongly correlated with an erosion of liberal democratic norms and increased antisemitism on college campuses, according to a 2023 report by the Institute for the Study of Global Antisemitism and Policy (ISGAP) titled, “The Corruption of the American Mind.”

From 2015-2020, the report noted, schools that accepted money from Middle Eastern donors had, on average, 300 percent more antisemitic incidents than schools that did not accept such donations. The largest donor it named is Qatar, which former US President Joe Biden described in 2022 as a “major non-NATO ally.” From 2014-2019, Qatar gave American universities a striking $2.7 billion in undocumented funds.

Additionally, students attending universities that received foreign funding witnessed antisemitism “significantly more often” than those attending schools that did not.

“A lack of transparency in funding reporting occurred in tandem with antidemocratic norms and antisemitism across American institutions of higher education,” the report said. “A massive influx of foreign, concealed donations to American institutions of higher learning, much of it from authoritarian regimes with notable support from Middle Eastern sources, reflects or supports heightened levels of intolerance towards Jews, open inquiry, and free expression.”

Follow Dion J. Pierre @DionJPierre.

The post Trump Signs Seismic Executive Order on Foreign Funding in Higher Education first appeared on Algemeiner.com.

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