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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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US Sens. Tom Cotton, Lindsey Graham Unveil New Resolution Demanding Iran ‘Dismantle’ Nuclear Program
US Sen. Tom Cotton (R-AK) speaks during a Senate Intelligence Committee hearing on Capitol Hill in Washington, DC, March 11, 2024. Photo: REUTERS/Julia Nikhinson
US Republican Sens. Tom Cotton (AK) and Lindsey Graham (SC) on Thursday unveiled a new resolution demanding Iran completely “dismantle” its nuclear program.
The resolution was introduced as the Trump administration continued to engage in talks with Iran to negotiate a deal to curb the latter’s nuclear activity, which Western countries believe is ultimately geared to build nuclear weapons. Iran has claimed its nuclear program is for civilian energy purposes.
“Iran cannot get a nuclear weapon; that’s off the table,” Graham said during a press conference on Thursday.
The resolution calls on the White House to pursue the “complete dismantlement” of Iran’s nuclear enrichment program, cautioning that Tehran would use a nuclear warhead to “carry out one of the most extreme religious ideas on the planet” — a reference to the Islamist ideology of Iran’s rulers.
The senators called on their colleagues in Congress to support the resolution.
Graham warned that if Iran, a predominately Shi’ite country under its current theocratic system, ever acquired a nuclear weapon, then the Sunni Arab countries of the Middle East would then attempt to obtain one themselves, sparking “a nuclear arms race in the Middle East.” Graham also cautioned that Iran would use a nuclear weapon as an “insurance policy” and a tool to destroy its enemies, including Israel. The senator demanded that Iran completely scrap its nuclear program, arguing that anything short of “complete dismantlement” would be “non-negotiable.”
“The ayatollah [Iran’s supreme leader, Ali Khamenei,] and his henchmen are virtual religious Nazis,” Graham said. “They openly talk about destroying the state of Israel. They write it on the side of their missiles, and I believe them.”
Graham claimed that Iran has likely enriched enough uranium to produce at least six nuclear weapons.
The South Carolina senator predicted that Iran would also use nuclear bombs to “take over” Muslim holy sites and push the United States out of the Middle East.
“A nuclear Iran makes for a far more dangerous world,” Cotton said.
Cotton argued that Iran would use the security provided by a nuclear weapon to aggressively advance its terrorism campaigns throughout the globe. The senator cited several terror attacks tied to Iran, including the assassination attempt against US President Donald Trump last year. Cotton also cited Iran’s continued operation of proxies such as Hezbollah, Hamas, and the Houthis — all internationally designated terrorist organizations backed by Tehran.
The Arkansas senator added that an Iranian nuclear weapon would present “an existential threat to our good friend Israel,” which Iran’s leaders regularly threaten to destroy.
Israel has been among the most vocal proponents of dismantling Iran’s nuclear program, with Israeli Prime Minister Benjamin Netanyahu arguing that the US should pursue a “Libyan option” to eliminate the possibility of Tehran acquiring a nuclear weapon by overseeing the destruction of Iran’s nuclear installations and the dismantling of equipment.
Both Graham and Cotton stated that they would be supportive of Iran obtaining a true civilian nuclear energy program. However, the senators argued that allowing Iran to enrich uranium or maintain centrifuges itself would inevitably lead to Tehran building a nuclear weapon.
As the US continues to negotiate a potential nuclear deal with Iran, the Trump administration has drawn criticism from some traditional allies who fear the White House could make too many concessions to Tehran. Critics have argued that elements of Trump’s negotiations with Iran mirror parts of the Joint Comprehensive Plan of Action (JCPOA) — the 2015 deal which placed temporary restrictions on ‘nuclear program in exchange for the lifting of major international sanctions.
The 2015 deal, which the Obama administration negotiated with Iran and other world powers, allowed Iran to enrich significant quantities of uranium to low levels of purity and stockpile them. It did not directly address the regime’s ballistic missile program but included an eight-year restriction on Iranian nuclear-capable ballistic missile activities. Trump withdrew the US from the accord during his first presidential term in 2018, arguing it was too weak and would undermine American interests.
The White House has also received scrutiny from other Republicans in Congress. In a comment posted on X/Twitter, Sen. Ted Cruz (R-TX), for example, lamented, “Anyone urging Trump to enter into another Obama Iran deal is giving the president terrible advice.” Urging the White House to reverse course, Cruz added that Trump “is entirely correct when he says Iran will NEVER be allowed to have nukes. His team should be 100% unified behind that.”
Trump has threatened military strikes, additional sanctions, and tariffs if an agreement is not reached to curb Iran’s nuclear activities. However, when asked by a reporter on Wednesday whether his administration would allow Iran to maintain an enrichment program as long as it doesn’t enrich uranium to weapons-grade levels, Trump said his team had not decided. “We haven’t made that decision yet,” Trump said in the White House. “We will, but we haven’t made that decision.”
Western countries believe Iran’s nuclear program is ultimately meant to build nuclear weapons. However, Iran has claimed that its program is for civilian energy purposes.
The International Atomic Energy Agency (IAEA), the UN’s nuclear watchdog, reported last year that Iran had greatly accelerated uranium enrichment to close to weapons grade at some of its nuclear facilities.
The UK, France, and Germany said in a statement at the time that there is no “credible civilian justification” for Iran’s recent nuclear activity, arguing it “gives Iran the capability to rapidly produce sufficient fissile material for multiple nuclear weapons.”
The post US Sens. Tom Cotton, Lindsey Graham Unveil New Resolution Demanding Iran ‘Dismantle’ Nuclear Program first appeared on Algemeiner.com.
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Prevost Surprises as First US Pope, Takes Name Leo XIV
Newly elected Pope Leo XIV, Cardinal Robert Prevost of the United States appears on the balcony of St. Peter’s Basilica, at the Vatican, May 8, 2025. Photo: REUTERS/Guglielmo Mangiapane
Cardinal Robert Prevost, a long-time missionary in Latin America, was elected as the surprise choice to be the new leader of the Catholic Church on Thursday, becoming the first US pope and taking the name Leo XIV.
Pope Leo appeared on the central balcony of St. Peter’s Basilica after white smoke billowed from a chimney atop the Sistine Chapel, signifying the 133 cardinal electors had chosen him as a successor to Francis, who died last month.
“Peace be with you all,” he told the cheering crowd, speaking in fluent Italian. He also spoke in Spanish during his brief address but did not say anything in English.
Prevost, 69 and originally from Chicago, has spent most of his career as a missionary in Peru and has dual Peruvian nationality. He became a cardinal only in 2023. He has given few media interviews and is known to have a shy personality.
President Donald Trump swiftly congratulated him on becoming the first US pope. “What excitement, and what a Great Honor for our Country. I look forward to meeting Pope Leo XIV. It will be a very meaningful moment!”
However, the new pope has a history of criticizing Trump and Vice President JD Vance’s policies, according to posts on the X account of Robert Prevost.
Massimo Faggioli, an Italian academic who has followed the papacy closely, suggested the tenor of the Trump presidency might have influenced the cardinals to choose a pope from the US, who could directly rebut the president.
“The international upheaval of the rhetoric of the Trump presidency, paradoxically, made possible the impossible,” said Faggioli, a professor at Villanova University in the US.
“Trump has broken many taboos, the conclave now has done the same — in a very different key.”
PRAISE FROM PERU
The appointment was welcomed by the Peruvian president Dina Boluarte.
“His closeness to those most in need left an indelible mark on the hearts of Peru,” her office said in a post on X.
Prevost becomes the 267th Catholic pope following the death of Francis, who was the first from Latin America and who ruled for 12 years.
Francis had widely sought to open the staid institution up to the modern world, enacting a range of reforms and allowing debate on divisive issues such as women’s ordination and better inclusion of LGBT Catholics.
Leo thanked Francis in his speech and repeated his predecessor’s call for a Church that is engaged with the modern world and “is always looking for peace, charity and being close to people, especially those who are suffering.”
He had not been seen as a frontrunner and there was a brief moment of uncertainty when his name was announced to the packed St. Peter’s Square, before people started to clap and cheer.
Unlike Francis, who spurned much of the trappings of the papacy from the day he was elected in 2013, Prevost wore a traditional red papal garment over his white cassock as he first appeared as Leo XIV.
SNAP, a US-based advocacy group for victims of clerical sex abuse, expressed “grave concern” about his election, renewing accusations that Prevost failed to take action against suspected predatory priests in the past in Chicago and in Peru.
“You can end the abuse crisis — the only question is, will you?” it said in a statement addressed to the new pope.
In an interview with the Vatican News website in 2023, Prevost said the Church must be transparent and honest in dealing with abuse allegations.
CHICAGO CELEBRATES
A crowd of clergy and staff members at Chicago’s Catholic Theological Union erupted in a joyful cheer as Pope Leo walked out onto the Vatican balcony, some four decades after he graduated from the South Side school.
It was an “explosion of excitement and cheers that went up in the room … many of us were just simply incredulous and just couldn’t even find words to express our delight, our pride,” said Sister Barbara Reid, president of the theology school.
Pope Leo graduated from the school in 1982 with a master’s degree. Reid called Leo intellectually brilliant, saying he has an extraordinarily compassionate heart.
“It’s an unusual blend that makes him a leader who can think critically, but listens to the cries of the poorest, and always has in mind those who are most needy,” she said.
THE NAME LEO
The last pope to take the name Leo led the Church from 1878-1903. Leo XIII was known for his devoted focus to social justice issues, and is often credited with laying the foundation for modern Catholic social teaching.
Prevost has attracted interest from his peers because of his quiet style and support for Francis, especially his commitment to social justice issues.
Prevost served as a bishop in Chiclayo, in northwestern Peru, from 2015 to 2023.
Francis brought him to Rome that year to head the Vatican office in charge of choosing which priests should serve as Catholic bishops across the globe, meaning he has had a hand in selecting many of the world’s bishops.
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Israel Warns of ‘Severe Consequences’ for Houthis, Vows to Defend Itself After US Cuts Deal With Terror Group
Smoke rises in the sky following US-led airstrikes in Sanaa, Yemen, Feb. 25, 2024. Photo: REUTERS/Adel Al Khader
Israeli Defense Minister Israel Katz on Thursday warned that the Houthis would “suffer severe consequences” if the Yemeni terrorist group continued to attack Israel, emphasizing the Jewish state’s capability to defend itself following US President Donald Trump’s unexpected deal with the Iran-backed rebel militia.
“Israel must be capable of defending itself against any threat or enemy,” Katz wrote in a post on X. “This has been the case throughout many challenges in the past and will remain true in the future.”
“I also warn the Iranian leaders who finance, arm, and operate the Houthi terrorist organization: the balance of power has shifted, and the Axis of Evil has collapsed,” the top Israeli defense official added. “What we did to Hezbollah in Beirut, to Hamas in Gaza, to Assad in Damascus, and to the Houthis in Yemen, we will also do to you in Tehran.”
Katz continued, “We will not allow anyone to harm Israel; and those who do will suffer severe consequences.”
On Sunday, the Houthis, an internationally designated terrorist group, declared they would impose a “comprehensive” aerial blockade on Israel, targeting the country’s airports in retaliation for the Israeli military’s expanded operations in Gaza.
Claiming solidarity with Palestinians in the war-torn enclave, the Iran-backed group took responsibility for a missile strike near Israel’s Ben Gurion Airport, marking the latest in a series of attacks.
While Israel’s missile defense systems have intercepted most strikes from Yemen, Sunday’s missile was the first in a series launched since March to bypass the country’s defense capabilities, following a drone strike on Tel Aviv last year.
Alongside Hezbollah and Hamas, Houthi rebels are a key part of Iran’s so-called “Axis of Resistance” against Israel and the United States.
On Wednesday, Israeli Prime Minister Benjamin Netanyahu vowed to retaliate against the Yemeni terrorist group, reaffirming that the Jewish state will defend itself against any threat.
“Israel will defend itself by itself,” Netanyahu said in a video posted on social media. “If others join us — our American friends — all the better. If they don’t, we will still defend ourselves on our own.”
In response to the Houthis’ latest attack, Israeli forces launched major strikes on the Yemeni port of Hodeidah and the international airport in Yemen’s capital Sanaa, both facilities crucial to the Iran-backed terrorist group’s ability to operate.
The strikes came as Houthi officials revealed that their agreement with Washington to cease targeting US maritime activity in the Red Sea did not include any commitment to stop attacking Israel or ships linked to the Jewish state.
لقطات جديدة للغارات الجوية الإسرائيلية التي أصابت مطار صنعاء الدولي في اليمن. pic.twitter.com/DlzAqg5xES
— الأحداث العالمية (@NewsNow4USA) May 6, 2025
Since the Israel-Hamas war began in October 2023, the Houthis — whose slogan is “death to America, death to Israel, curse the Jews, and victory to Islam” — have targeted over 100 merchant vessels in the Red Sea with missiles and drones, causing a massive disruption of global trade.
During an Oval Office appearance on Tuesday, Trump announced that the US would halt airstrikes on the Yemeni terrorist group after it agreed to stop attacking American ships — an agreement that ended weeks of escalating tensions with the Iran-backed group and, according to US and Israeli officials, was made without prior notice to Jerusalem.
Since launching its current operation in Yemen, known as Operation Rough Rider, on March 15, the US military says it has struck over 1,000 targets, killing hundreds of Houthi fighters and numerous group leaders.
After Trump announced the deal with the Iran-backed terrorist group, Iranian Foreign Ministry spokesperson Esmaeil Baghaei praised “the end of the US aggression” on Yemen and thanked Oman for its efforts in mediating the ceasefire agreement.
The post Israel Warns of ‘Severe Consequences’ for Houthis, Vows to Defend Itself After US Cuts Deal With Terror Group first appeared on Algemeiner.com.
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