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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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Meta Boots Anti-Zionist Columbia University Group From Instagram
Pro-Hamas Columbia University students march in front of pro-Israel demonstrators on Oct. 7, 2024, the one-year anniversary of Hamas’s Oct. 7 massacre across southern Israel. Photo: Roy De La Cruz via Reuters Connect
Meta Platforms, Inc. has banned the infamous Columbia University Apartheid Divest (CUAD) anti-Zionist student group from its platforms, a decision that the company says is irrevocable.
As previously reported by The Algemeiner, CUAD is responsible for spreading pro-Hamas propaganda, assaulting Jewish students, and disrupting academic study at Columbia with unauthorized demonstrations and property destruction. Its behavior, among other factors, drove the Trump administration’s cancellation in March of $400 million in federal contracts and grants awarded to Columbia.
CUAD first reported that Meta shuttered its Instagram account on Monday, denouncing the measure as being part of “a long and concerted effort from corporations and imperial powers to erase the Palestinian people.” Meta later justified the decision to Jewish Insider, explaining that CUAD had forced the company’s hand by ceaselessly transgressing the platform’s terms of use of agreement. Meta forbids groups which advocate violence to operate on Instagram, and CUAD has used its account to call for toppling the Israeli and US governments. Additionally, its Instagram account has been essential for promoting unlawful demonstrations CUAD continues to hold at Columbia University and for sharing resources that have helped its collaborators avoid punishment.
Meta told Jewish Insider that the group won’t be allowed back.
As previously reported by The Algemeiner, CUAD’s activities have been described as a threat to the civil rights and security of Jewish Columbia University students.
Last April, CUAD members commandeered a section of campus and, after declaring it a “liberated zone,” lit flares and chanted pro-Hamas and anti-American slogans. When the New York City Police Department (NYPD) arrived to disperse the unlawful gathering, hundreds of CUAD members and their affiliates reportedly amassed around them to prevent the restoration of order. During ensuing clashes with law enforcement, one student screamed “Yes, we’re all Hamas, pig!” while others shouted, “Long live Hamas!” and filmed themselves praising the al-Qassam Brigades, the military wing of the US-designated terrorist group.
In September, during the university’s convocation ceremony, the group distributed a pamphlet which called on students to join the Palestinian terrorist group Hamas’s movement to destroy Israel. Several sections of the document were explicitly Islamist, invoking the name of “Allah, the most gracious” and referring to Hamas as the “Islamic Resistance Movement.” Proclaiming, “Glory to Gaza that gave hope to the oppressed, that humiliated the ‘invincible’ Zionist army,” it said its purpose was to build an army of Muslims worldwide.
In February, CUAD committed infrastructural sabotage by flooding the toilets of the Columbia School of International and Public Affairs (SIPA) with concrete. Numerous reports indicate the attack may have been the premeditated result of planning sessions which took place many months ago at an event held by Alpha Delta Phi (ADP) — a literary society, according to the Washington Free Beacon. During the event, the Free Beacon reported, ADP distributed literature dedicated to “aspiring revolutionaries” who wish to commit seditious acts.
Following two occupations of administrative buildings at Barnard College, Laura Rosenbury, the school’s president, denounced the group as a paranoid hate-organization.
“They [CUAD] operate in the shadows, hiding behind masks and Instagram posts with Molotov cocktails aimed at Barnard buildings, antisemitic tropes about wealth, influence, and ‘Zionist billionaires,’ and calls for violence and disruption at any cost,” Rosenbury wrote in an op-ed published by The Chronicle of Higher Education. “They claim Columbia University’s name, but the truth is, because their members wear masks, no one really knows whose interests they serve.”
Dion J. Pierre @DionJPierre.
The post Meta Boots Anti-Zionist Columbia University Group From Instagram first appeared on Algemeiner.com.
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Tlaib Set to Headline Terrorist-Connected Palestinian Event in New Jersey
US Rep. Rashida Tlaib (D-MI) speaking at a press conference at the US Capitol in Washington, DC, March 11, 2025. Photo: Michael Brochstein/ZUMA Press Wire via Reuters Connect
US Rep. Rashida Tlaib (D-MI) is set to headline a conference that is also hosting a member of the Popular Front for the Liberation of Palestine (PFLP), an internationally designated terrorist organization, according to documents obtained by The Algemeiner.
The Palestinian American Community Center (PACC) in New Jersey will hold its annual conference, titled “Grounded in Action: Exploring the Power of the Palestinian Diaspora,” from Thursday through Sunday. Wisam Rafeedie, a self-admitted member of the PFLP, will address the conference virtually on the 4th day of the event.
According to PACC’s website, the conference “is a call to recommit ourselves to amplifying and supporting the Palestinian voices and advocates who have long been at the forefront of our struggle.” PACC also calls on members of the Palestinian diaspora “to leverage our unique positions and power” to “push for meaningful action.””
Tlaib is scheduled to headline the event’s “Youth Day,” in which she will host a reading and signing for her new children’s book, Mama in Congress, alongside her son Adam Tlaib. According to Harper Collins, the book’s publisher, Mama in Congress will chronicle Tlaib’s journey from Detroit to the halls of the federal government. The book will also detail Tlaib’s supposed efforts in working toward “justice for all” in Congress.
The conference will include several workshops educating attendees on “resistance,” “solidarity,” and “collective struggle.” The event will also feature a session stressing the importance of “centering Palestinian prisoners.”
This is not the first time that Tlaib has come under scrutiny for attending a pro-Palestinian conference tied to terrorists. Last May, Tlaib came under fire for speaking at the “The People’s Conference for Palestine,” which also hosted Rafeedie among other individuals connected to terrorist groups. During that event, Rafeedie praised Hamas, the terrorist group that runs Gaza and murdered 1,200 people and kidnapped 251 hostages on Oct. 7, 2023, as a “resistance” against Israel. He defended and downplayed Hamas’s atrocities, saying that “Zionists lie like they breathe.”
“This is not a struggle between Hamas and Israel. Hamas is part of the resistance of the Palestinian people. The core issue is between the Palestinian people and the project of settler colonialism and ethnic cleansing,” Rafeedie said.
Rafeedie also called for the complete destruction of Israel and the replacement of the Jewish state with a “democratic” Palestine.
“There is no longer a place for the two-state solution for any Palestinian. The only solution is one democratic Palestinian state on all Palestinian land, which will end the Zionist project in Palestine,” Rafeedie continued.
Tlaib, the first Palestinian American woman elected to the US Congress, has positioned herself as a fierce and outspoken critic of Israel. Since entering office, Tlaib has repeatedly accused the Jewish state of implementing an “apartheid” regime in the West Bank and turning Gaza into an “open-air prison.”
In the year following the Hamas-led Oct. 7 attacks on Israel, Tlaib has sharpened her condemnations of the Jewish state. In the immediate aftermath of the massacre, she hesitated to release an official statement acknowledging the mass slaughter, abductions, and rapes perpetrated by Hamas. Less than two weeks after the invasion, Tlaib introduced a “ceasefire” resolution between Israel and the Palestinian terrorist group. In November 2023, the House of Representatives voted to censure Tlaib over her anti-Israel rhetoric.
The progressive firebrand has also condemned Israel’s defensive military operations in Gaza, accusing the Jewish state of committing a full-scale “genocide” against the civilians of the enclave. She has also peddled the unsubstantiated claim that Israel has purposefully inflicted mass starvation against Palestinian civilians and urged the Biden administration when it was in power to impose an arms embargo on Israel. Simmering with anger over the Biden administration’s support for Israel, she refused to endorse former Vice President Kamala Harris’s failed presidential bid.
Tlaib’s office did not respond to a request for comment for this story.
The post Tlaib Set to Headline Terrorist-Connected Palestinian Event in New Jersey first appeared on Algemeiner.com.
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Driver Charged for Brooklyn Car Crash Killing Jewish Family Has History of Claiming CIA Follows Her
An overturned auto in a car crash flipped on its roof landing on a mother and her three children, killing two children on March 29, 2025, in Brooklyn, New York. Photo: ZUMA Press Wire via Reuters Connect
A Brooklyn woman who was charged for a car crash on Saturday that killed a Jewish woman and her two young daughters has alleged in the past on social media that the US Central Intelligence Agency (CIA) is following her, a claim she also made to first responders after the fatal accident.
Miriam Yarimi, 32, is facing multiple charges, including three counts of second-degree manslaughter, three counts of criminal negligent homicide, and four counts of second-degree assault. Yarimi — a Brooklyn resident and wigmaker who is also a Jewish mother herself – was transported to NYU Langone Hospital in Brooklyn in stable condition. She was then moved to the psychiatric ward of Bellevue Hospital, according to reports.
The car crash killed Natasha Saada, 32, and her daughters – 8-year-old Diana and 6-year-old Deborah. Saada’s son Philip, 4, was injured in the crash and hospitalized at Maimonides Medical Center in Borough Park in critical condition. The New York City Police Department (NYPD) arrested Yarimi, a single mother who has a young daughter, and she is awaiting arraignment in connection to the crash that took place Saturday afternoon at an intersection on Ocean Parkway off Quentin Road in Midwood. Police said she was driving with a suspended license at the time of the crash.
“This was a horrific tragedy caused by someone who shouldn’t have been on the road,” said Police Commissioner Jessica Tisch. “A mother and two young children killed, another child fighting for his life, a family and a neighborhood devastated in an instant. The NYPD sends its condolences to the family of the victims.”
Yarimi, who shares custody of her daughter with her ex-husband, reportedly told first responders with the Jewish-led volunteer ambulance service Hatzalah that she was “possessed” and that she believes the CIA was pursing her.
She has made similar claims about the CIA many times on Instagram, a former customer of hers told The Algemeiner on Tuesday. The source, who wishes to remain anonymous, purchased a wig from Yarimi several years ago and has been following her on social media for a number of years. Yarimi has 16,000 followers on Instagram and screenshots of her since-deleted posts, obtained by The Algemeiner, confirm she previously believed that the CIA is tracking her.
“It’s very convenient to plead insanity. But it’s not new. She is actually insane. This is [an] old topic,” the former client told The Algemeiner. “She thinks that she’s been followed by CIA for a long, long time already. She truly believes that CIA is spying on her … But only people who follow her [on social media] and know her for a long time would know this. She’s sick.”
In one since-deleted Instagram post, Yarimi wrote in part about the CIA: “They have control of EVERYONE here in this world BESIDES ME … when I went to Miami, it all clicked … once they knew that I knew, they followed me around the hotel, dressed up as young parents with a doona [stroller] and disco outfits like I was stupid and didn’t know who they were … if anything they stuck out like glue.”
“It was the government, blackjack, and the CIA who manipulated everyone and took control of everyone’s mind but because I was the catalyst and the sacrificial lamb so they did their best to break me,” she wrote in a separate post that has also been deleted. “They experimented (abused) me and that’s when they cloned my daughter and I so when I die, they could reinsert me into the crowd and make me into another person.”
Yarimi previously had a highlight on her Instagram page where she talked about demons and the CIA, but it has since been deleted, her former customer told The Algemeiner. Yarimi also wrote on her Instagram Story once that she believes Hollywood is trying to clone people to look like her.
“Why do you think most of the girls in Hollywood have similar features to me like Rita Ora & Jane the Virgin etc,” Yarimi once wrote on Instagram, as seen in a screenshot shared with The Algemeiner. “Wake up, this is not just happening in Hollywood. This is happening right here in the Jewish community in Brooklyn.”
Not long after she uploaded the Instagram posts, Yarimi was admitted to a psychiatric ward and when she returned to social media, she spoke about the experience, the source told The Algemeiner.
“After the above posts she was locked up for two weeks in a psych ward. She’s very public. She went live when paramedics broke into her house and took her. She came back online two weeks later and spoke about her psych ward experience,” Yarimi’s follower said. “And it was saved in her [Instagram] highlights as well … It was horrible.”
The Algemeiner has seen a copy of Yarimi’s Instagram video that shows police drag her out of bed after she refused their orders to get up by herself. In the clip, three police officers are seen in her bedroom and a fourth is standing by the doorway.
Another longtime Instagram follower of Yamini’s described her as “delusional” when speaking to The Algemeiner, and confirmed that Yamini has spoken online repeatedly in the past about how she believes the CIA is tracking her.
In December 2024, Yarimi won a $2 million settlement from the city of New York after she filed a lawsuit claiming that former NYPD Officer George Mastrokostas repeatedly raped her for several years after falsely arresting her.
New York City Mayor Eric Adams and NYPD Deputy Chief Richie Taylor attended the funeral for Saada and her daughters on Sunday in Brooklyn before their bodies were flown to Israel for burial. Saada is survived by her husband, Sidney Saada, her sons Philip and Jacob, her parents and three siblings. Adams called the crash “a tragic accident of a Shakespearean proportion.”
“A mother going for a simple stroll on a sunny day was struck and killed. As we pray for their families and this entire community, the city mourns this loss,” he added.
Police said Yarimi was driving a blue Audi A3 sedan when she rear-ended a 2023 silver Toyota Camry with TLC plates that was carrying four passengers – a mother and three children. NYPD Commissioner Tisch said the force of the crash caused the Toyota Camry to be pushed aside, while the Audi moved forward, crashing into Saada and her children as they were crossing the street before the car overturned. Saada and her two daughters were pronounced dead at the scene. The driver of the Toyota Camry, a 62-year-old man, was hospitalized in stable condition. The four passengers inside his car sustained minor injuries and were also hospitalized, according to Tisch.
Yarimi’s car had 99 parking and camera violations between August 2023 and March 2025, including 21 speed camera tickets and five red light tickets, Eyewitness News ABC 7 reported, citing a website that tracks vehicle violations using city data. She had nearly $10,500 in fines and a car with the same license plate as Yarimi’s still has $1,345 in unpaid fines, the news outlet also revealed.
The post Driver Charged for Brooklyn Car Crash Killing Jewish Family Has History of Claiming CIA Follows Her first appeared on Algemeiner.com.
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