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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 Court. In 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.
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Ted Cruz Defends AIPAC From ‘Foreign Influence’ Claims, Accuses Tucker Carlson of ‘Antisemitism’
US Sen. Ted Cruz (R-TX) speaking at a press conference about the United States restricting weapons for Israel, at the US Capitol, Washington, DC. Photo: Michael Brochstein/Sipa USA via Reuters Connect
US Sen. Ted Cruz (R-TX) forcefully defended the role of the American Israel Public Affairs Committee (AIPAC) in domestic politics, arguing in a newly released interview with well-known far-right provocateur Tucker Carlson that the group does not operate as a “foreign agent” on behalf of the Jewish State.
In a tense interview released on Wednesday, Carlson pressed Cruz on his hawkish stance toward Iran, grilling him repeatedly about basic facts, such as Iran’s population and ethnic breakdown, implying Cruz lacked foundational knowledge despite advocating for imposing maximum pressure on the Islamist regime.
The debate then shifted to US–Israel relations, with Carlson questioning whether Israel’s alleged spying and military actions had US backing, prompting Cruz to defend the alliance while walking back implications of direct American involvement.
The exchange underscores growing fissures within the so-called MAGA (Make America Great Again) movement — the backbone of US President Donald Trump’s domestic political support — between isolationists more aligned with Carlson and voices such as Cruz who advocate a more robust military posture, amid the intensifying Israel–Iran conflict.
During the interview, Carlson directed his focus on Cruz’s connections to the influential pro-Israel lobbying group AIPAC, questioning whether Cruz was unduly influenced by the organization. Carlson accused him of leaning on AIPAC’s messaging and suggested that the group wields an inappropriate amount of power over American foreign policy. Cruz then accused Carlson of stoking antisemitism with his commentary about AIPAC and Israel.
Sen. Ted Cruz insists AIPAC is not a foreign lobby.
Watch the full episode at https://t.co/kYGlVrKTCX pic.twitter.com/HkAHKFoyOl
— Tucker Carlson Network (@TCNetwork) June 18, 2025
“Are AIPAC’s goals shaped by the goals of the Israeli government?” Carlson asked the senator. “If you say no, I think we both know that’s not true.”
“Does Israel direct AIPAC? No, they’re not lobbying on behalf of them. Do they care about them? Yes,” Cruz responded.
“What you’re now describing, in a very defensive way, I will say, is foreign influence over our politics,” Carlson said.
AIPAC, a US organization composed of Americans that seeks to foster bipartisan support in Congress for the US-Israel alliance, does not receive funding from the Israeli government and operates independently under US law, distinguishing it from foreign agents that register under the Foreign Agents Registration Act.
Cruz responded by forcefully defended the US–Israel relationship and said Carlson’s framing echoed long-standing antisemitic tropes about Jewish control and dual loyalty. Carlson denied the accusation, insisting his criticism was aimed at foreign entanglements and lobbying influence broadly, not solely at Jewish people or Israel.
“By the way, Tucker, it’s a very weird thing, the obsession with Israel,” Cruz said.
“Oh, I’m an antisemite now?” Carlson scoffed while smiling. “You’re trying to derail my questions by calling me an antisemite.”
“You’re asking, why are the Jews controlling our foreign policy?” Cruz stated. “If you’re not an anti-Semite, give me another reason why the obsession is Israel.”
Finally, someone with real power calls out Tucker Carlson straight to his face over his thinly veiled antisemitism. Kudos, @tedcruz pic.twitter.com/b4VDeioDNO
— Eitan Fischberger (@EFischberger) June 18, 2025
Carlson has been a fierce critic of the Israel-Iran war, arguing that the US should not lend the Jewish state any support in its efforts to dismantle the Iranian nuclear program. He has framed the conflict as a reckless proxy war, warning that the Israeli military actions could drag the US into a broader regional conflict in the Middle East.
Carlson has faced multiple controversies involving accusations of antisemitism, tied to both his rhetoric and recurring themes on his shows. In 2021, the Anti-Defamation League (ADL) publicly called for Fox News to fire Carlson after he promoted the “Great Replacement” theory — which posits that Jewish people are systemically importing masses of minorities into Western countries to erase white people.
Since leaving Fox News, Carlson’s critical stance toward Israel and organizations like AIPAC has intensified. In interviews and monologues, he has regularly questioned whether US foreign policy is being overly influenced by Israeli interests. Moreover, he has established himself as a fierce critic of Israel’s war in Gaza against Hamas, falsely suggesting that Israel indiscriminately targets Palestinian civilians and conducts airstrikes against Christian churches in Gaza. He has also called on other Christians to adopt an adversarial posture against Israel, accusing the Jewish state of oppressing believers of Jesus Christ. Meanwhile, critics point out that Carlson has remained silent on widespread oppression of Christians in Muslim countries, including ones struggling with Islamist extremists such as Nigeria.
The post Ted Cruz Defends AIPAC From ‘Foreign Influence’ Claims, Accuses Tucker Carlson of ‘Antisemitism’ first appeared on Algemeiner.com.
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Antisemitic Assaults, Threats Continue Across US With Spate of Incidents
A friend organized a vigil for Yaron Lischinsky and Sarah Lynn Milgrim, both Israeli embassy workers who were murdered by an anti-Israel activist, in Washington, DC on May 22, 2025. Photo: ZUMA Press Wire via Reuters Connect.
The American Jewish community continues to be battered by antisemitic hate incidents across the US, forcing law enforcement to stay hot on the trails of those who perpetrate them amid a wave of recent outrages.
In the Highland Park suburb of Chicago, an antisemitic letter threatening violence was mailed to a resident’s home. So severe were its contents that the FBI and the Illinois Terrorism and Intelligence Center were called to the scene to establish that there was no imminent danger, according to local news outlets. Later, the local government shuttered all religious institutions as a precautionary measure.
“Even in Highland Park, where we strive to lead with compassion and inclusion, hate can still find its way to our doorstep,” Highland Park Mayor Nancy Rotering said in a statement addressing the incident. “We are living through a time when antisemitism is rising — not only across the world, but here at home. That reality is painful and for many in our community, it is personal. We understand the fear, the hurt, and the anger that such acts provoke. We also understand the pride and strength that come from standing firm in who we are, and in what we believe.”
She added, “Jewish families have been part of the story and the fabric of Highland Park for generations. Their contributions to our civic, cultural, and spiritual life are deep and enduring. That legacy will not be erased or overshadowed by hate.”
In New York City, where antisemitic hate crimes have been increasing year over year and leading the nation in the statistical category, an elderly man struck a Jewish woman with his cane after shouting “Stupid b—tch. Go back to your country” — as reported by the New York Post. He became even more animated after the helpless woman, who was alone on a subway platform, began recording the encounter with her smartphone. The New York City Police Department’s (NYPD) Crimestoppers division has asked the public to come forward if they recognize the man, whose visage was captured in crystal clear screenshots pulled from footage of the attack.
In Garret Park, Maryland, a middle-aged man, Clift A. Seferlis, was recently arrested by federal authorities for sending a series of threatening messages to Jewish organizations in Philadelphia. Seferlis appears to have been motivated by anti-Zionism, as he referenced the war in Gaza in his communications.
“The Victim Jewish Institution 1 received numerous additional messages since April 1, 2024, which contained a threat to physically destroy the institution,” the US Attorney’s Office for the Eastern District of Pennsylvania said in a statement. “Prior to the receipt of the May 7, 2025, mailing, Victim Jewish Institution 1 and its employees had received very similar-looking letters, believed to have been sent by Seferlis, which referenced Victim Jewish Institution 1’s ‘many big open windows,’ ‘Kristallnacht,’ ‘anger and rage,’ and a future need to ‘rebuild’ the institution following its destruction.”
Another antisemitic incident motivated by anti-Zionism occurred in San Francisco, where an assailant identified by law enforcement as Juan Diaz-Rivas and others allegedly beat up a Jewish victim in the middle of the night. Diaz-Rivas and his friends approached the victim while shouting “F—ck the Jews, Free Palestine,” according to local prosecutors.
“The group then came after them, and one of them punched the victim, who fell to the ground, hit his head and lost consciousness,” the district attorney’s office said in a statement. “Allegedly, Mr. Diaz-Rivas and others in the group continued to punch and kick the victim while he was down. A worker at a nearby business heard the altercation and antisemitic language and attempted to intervene. While trying to help the victim, he was kicked and punched.”
Violence targeting American Jews has increased in recent months.
Earlier this month, an assailant firebombed a pro-Israel rally with Molotov cocktails and a “makeshift” flamethrower in Boulder, Colorado, injuring 15 people ranging in age from 25 to 88 in what US authorities called a targeted terrorist attack. Egyptian national Mohamed Sabry Soliman, 45, was charged with attempted murder and a slate of other crimes that could land him in jail for more than 600 years if convicted. Prosecutors say he yelled “Free Palestine” during the attack. The suspect also told investigators that he wanted to “kill all Zionist people,” according to court documents.
That incident came less than two weeks after a gunman murdered two Israeli embassy staffers in Washington, DC, while they were leaving an event at the Capital Jewish Museum hosted by the American Jewish Committee. The suspect charged for the double murder, 31-year-old Elias Rodriguez from Chicago, also yelled “Free Palestine” while being arrested by police after the shooting, according to video of the incident. The FBI affidavit supported the criminal charges against Rodriguez stated that he told law enforcement he “did it for Gaza.”
According to chilling data released by the Anti-Defamation League’s (ADL) latest Audit of Antisemitic Incidents in April, antisemitism in the US is surging to break “all previous annual records.”
In 2024 alone, the ADL recorded 9,354 antisemitic incidents last year — an average of 25.6 a day — across the US, an eruption of hatred not recorded in the nearly thirty years since the organization began tracking such data in 1979. Incidents of harassment, vandalism, and assault all increased by double digits, and for the first time ever a majority of outrages — 58 percent — were related to the existence of Israel as the world’s only Jewish state.
The Algemeiner parsed the ADL’’ data, finding dramatic rises in incidents on college campuses, which saw the largest growth in 2024. The 1,694 incidents tallied by the ADL amounted to an 84 percent increase over the previous year. Additionally, antisemites were emboldened to commit more offenses in public in 2024 than they did in 2023, perpetrating 19 percent more attacks on Jewish people, pro-Israel demonstrators, and businesses perceived as being Jewish-owned or affiliated with Jews.
“This horrifying level of antisemitism should never be accepted and yet, as our data shows, it has become a persistent and grim reality for American Jewish communities,” ADL CEO Jonathan Greenblatt said in a statement. “Jewish Americans continue to be harassed, assaulted, and targeted for who they are on a daily basis and everywhere they go. But let’s be clear: we will remain proud of our Jewish culture, religion, and identities, and we will not be intimidated by bigots.”
Follow Dion J. Pierre @DionJPierre.
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Israeli Foreign Minister Slams Turkey’s Erdogan for Defending Iran, Comparing Netanyahu to Hitler
Turkey’s President Recep Tayyip Erdogan speaks during a joint statement to the media in Baghdad, Iraq, April 22, 2024. Photo: AHMAD AL-RUBAYE/Pool via REUTERS
Israeli Foreign Minister Gideon Sa’ar condemned Turkish President Recep Tayyip Erdogan on Wednesday for once again comparing Prime Minister Benjamin Netanyahu to Adolf Hitler and accusing Israel of committing “state terrorism” in its campaign against Iran.
“The sultan, in his own eyes, in yet another inflammatory speech, continues to incite against Israel and against the Israeli prime minister,” Sa’ar wrote in a post on X.
“Erdogan, who has set a record in suppressing the freedoms and rights of his citizens, as well as his country’s opposition, dares to preach to others,” the top Israeli diplomat continued.
The Sultan in his own eyes, in yet another inflammatory speech, continues to incite against Israel and against the Israeli Prime Minister.
Erdogan, who has set a record in suppressing the freedoms and rights of his citizens, as well as his country’s opposition, dares to preach…— Gideon Sa’ar | גדעון סער (@gidonsaar) June 18, 2025
Turkey has been one of the most outspoken critics of Israel on the international stage, even going so far as to threaten an invasion of the Jewish state and calling on the United Nations to use force if Jerusalem fails to halt its military campaign against the Palestinian terrorist group Hamas in Gaza.
“It is particularly ironic that someone who does not hide his imperialist ambitions, someone who invaded northern Syria and illegally holds northern Cyprus, claims to speak in the name of morality and international law,” Sa’ar wrote in his post on X. “A little self-awareness could be helpful.”
During an address to lawmakers from his ruling Justice and Development Party (AKP) in parliament, Erdogan said Israel’s military campaign against Iran was illegal and “crazed.”
“Israeli Prime Minister Netanyahu has long left Hitler behind in terms of genocide,” the Turkish leader said. “It is a very natural, legitimate, and legal right for Iran to defend itself against Israel’s thuggery and state terrorism.”
“We are closely monitoring Israel’s terrorist attacks on Iran,” Erdogan continued.
Last week, Israel launched a broad preemptive attack on Iran — dubbed “Operation Rising Lion” — targeting military installations and nuclear sites across the country in what officials described as an effort to neutralize an imminent nuclear threat.
The ongoing Israeli strikes killed several of Iran’s top military commanders and nuclear scientists and dealt a major blow to the country’s retaliatory capabilities, destroying not only much of its ballistic missile stockpiles but also crippling its launch platforms.
Israel had previously declared it would never allow the Islamist regime to acquire nuclear weapons, as the country views Iran’s nuclear program — which Tehran insists is solely for civilian purposes — as an existential threat.
Iranian leaders have regularly declared their intention of destroying Israel and have for decades supplied internationally designated terrorist groups, such as Hamas in Gaza and Hezbollah in Lebanon, with weapons and funding to attack the Jewish state.
Erdogan has frequently defended Hamas terrorists as “resistance fighters” against what he describes as Israeli occupation of Palestinian land, with Turkey long serving as one of the group’s top international backers.
As part of his long history of anti-Israel rhetoric, Erdogan has falsely accused the Jewish state of running “Nazi” concentration camps and compared Netanyahu to Hitler multiple times before.
In March, he threatened to “send Netanyahu to Allah to take care of him, make him miserable, and curse him.”
The Turkish leader has also said that Netanyahu was a “butcher” who would be tried as a “war criminal” over Israel’s defensive military operations in Gaza.
He has also called Israel a “terror state” and expressed solidarity with Iran after it attacked the Jewish state with a barrage of ballistic missiles last year.
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