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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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Belgian Prime Minister Shows Solidarity With Jewish Community, Calls for Caution on Palestinian State Recognition
Belgian Prime Minister Bart De Wever attends a press conference with German Chancellor Friedrich Merz (not pictured), at the Chancellery, in Berlin, Germany, Aug. 26, 2025. Photo: REUTERS/Annegret Hilse
Amid rising antisemitism across Europe and increasing hostility toward Israel from several European governments, Prime Minister Bart De Wever expressed Belgium’s sympathy and respect for the Jewish community this week, honoring the millions of victims of the Holocaust.
During his trip to Berlin on Tuesday, De Wever visited the Holocaust Memorial and left a moving message in its guestbook.
“On behalf of the Belgian government and all people and communities living together in peace in Belgium, I express my deepest sympathy and my respect,” the Belgian leader wrote in a note in German.
“We will remember all the victims. I stand here humbly at this place of remembrance. The Jewish community will always have a home in Europe,” he continued.
Rabbi Menachem Margolin, chairman of the European Jewish Association (EJA), commended De Wever’s remarks and his support for the Jewish community, highlighting his leadership as a model.
“We sincerely thank Prime Minister De Wever for his moving message in Berlin. At a time when antisemitism is once again spreading across Europe, his clear and unwavering statement that the Jewish community will always have a home here is deeply important,” Margolin said in a statement.
“Such leadership not only honors the memory of the six million victims of the Holocaust but also strengthens the sense of security and belonging for Jews in Belgium and across the continent,” he continued.
“We also commend the Prime Minister’s principled leadership on Israel, where he consistently calls for security guarantees and a realistic path to peace. His voice carries moral weight in Europe, and we deeply appreciate it.”
During a visit to the Memorial to the Murdered Jews of Europe in Berlin, Belgian Prime Minister @Bart_DeWever left an important message in the guestbook. Written in German, his note expressed Belgium’s sympathy and respect for the Jewish community and commemorated the millions… pic.twitter.com/ZcuEfKCavi
— EJA – EIPA (@EJAssociation) August 26, 2025
During his visit to Berlin, De Wever met with German Chancellor Friedrich Merz to discuss the recent push by several European countries to recognize a Palestinian state at next month’s UN General Assembly.
At a joint press conference, De Wever stressed that recognizing a Palestine state is only meaningful under strict conditions, warning that doing so without such guarantees would be “pointless and even counterproductive.”
“Hamas must disappear completely, there must be a credible Palestinian Authority, an agreement must be reached on borders, and Israel must receive security guarantees. Without that, recognition makes no sense,” De Wever said.
In Belgium, De Wever’s more cautious approach to Palestinian statehood and support for Israel have fueled clashes within the government, with Foreign Minister Maxime Prévot threatening to block government initiatives if the coalition continues to hinder a firmer stance on Israel and the recognition of a Palestinian state.
“If there is no stronger tone within the government regarding the human rights violations committed by the Israeli government, or if no measures are taken in favor of recognizing Palestine, a major crisis is looming,” Prévot said during an interview with De Standaard.
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Amid War, Olim-Owned Businesses in Jerusalem Thrive, Showcasing Resilience, Community Spirit
Olim gather at JFK Airport, ready to board a charter flight to Israel and begin their new lives in the Jewish state. Photo: The Algemeiner
JERUSALEM — Despite the strains of war and the obstacles of starting over in a new country, businesses in Jerusalem owned by Jewish immigrants are thriving — a testament to resilience, Zionist commitment, and the power of community.
New immigrants, or olim, who make aliyah to Israel face steep challenges even in times of peace, navigating strict regulations, endless permits, and financial hurdles, though the Israeli government offers some support and incentives to promote new businesses.
Aliyah refers to the process of Jews immigrating to Israel, and olim refers to those who make this journey.
In recent years, the road has become even more difficult for entrepreneurs, first with the economic disruption of COVID-19 and now amid the uncertainty of the war in Gaza.
For many olim, launching a business in Israel is about more than entrepreneurship — it’s a way to start a new life, serve their country, build a community, and make a meaningful impact.
Last week, 225 new olim arrived in Tel Aviv on the first charter aliyah flight since the Hamas-led invasion of and massacre across southern Israel on Oct. 7, 2023.
Nefesh B’Nefesh (NBN) — a nonprofit that promotes and facilitates aliyah from the US and Canada — brought its 65th charter flight from New York, which The Algemeiner joined.
Founded in 2002, NBN helps olim become fully integrated members of Israeli society, simplifying the immigration process and providing essential resources and guidance.
In partnership with Israel’s Ministry of Aliyah and Integration, the Jewish Agency for Israel, Keren Kayemeth, and the Jewish National Fund, NBN has helped nearly 100,000 olim build thriving new lives in Israel.
Eager to start their next chapter in Israel, these immigrants bring fresh ideas, culinary creativity, and cultural richness, strengthening the country’s social fabric every day.
Originally from New Orleans, Louisiana, Diana Shapira brought her passion for baking and warm hospitality to Israel, turning her aliyah dream into a popular destination for both locals and tourists.
She and her husband created Infused JLM, located near Jerusalem’s Mahaneh Yehuda Market, blending American and Israeli culture and creating a space that brings people together.
“We want people to see that an oleh’s dream can happen,” Shapira told The Algemeiner. “Even without family and facing many challenges, starting a business in Israel is possible — especially when you have the support of the community.”
“Before we made aliyah, so many people told us it was a bad financial decision. But you have to push past the doubt and keep striving,” she continued.
Another olim-owned business located in Jerusalem, Power CoffeeWorks, has become a favorite destination for coffee enthusiasts across the city.
Owned by Stephanie and Brandon, who made aliyah from Cape Town, South Africa, in 2016 with their four children at the time (now seven), the couple has turned their venture into a hub for coffee lovers and a gathering place for the community.
“We made aliyah because we believed Israel was the best place to raise our children,” Stephanie told The Algemeiner. “Despite all the challenges along the way, it has been an incredible journey.”
Crave, another oleh-owned restaurant in Mahaneh Yehuda, has gained increasing attention with its strictly kosher gourmet street food, blending American, Mexican, and Asian flavors in a way that hasn’t been seen before.
American-born Yoni Van Leeuwen, who made aliyah more than 20 years ago with his wife and eight children, views food not just as a business, but as a way to bring cultures and communities together.
Following the Oct. 7 atrocities, the war in Gaza dealt a harsh blow to Israeli businesses, forcing many to cut hours, adapt operations, and manage shortages.
Yet these olim-owned establishments have shown resilience, proving that passion, creativity, and commitment to the Zionist dream can overcome even the toughest challenges.
Whether by serving comfort food, offering a safe space for neighbors, or organizing fundraisers for soldiers in Gaza and Lebanon, these business owners described a spirit of perseverance deeply rooted in Jewish history.
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Police in England Investigate Air Rifle Attack Against Jewish Teenager, Swastika Spray Painted at Rabbi’s Home
Friday night saw a string of swastika vandalism resulting in four reports, including from Rabbi Bentzion Alperowitz, a Chabad leader who discovered the Nazi symbol spray painted in black on his home’s white wall as he left for synagogue the next morning with his two young daughters. Photo: Screenshot
Multiple antisemitic incidents reported this past weekend targeted the Jewish community of Bournemouth in the southern region on the coast of the United Kingdom.
On Saturday afternoon, a driver stopped to harass and yell obscenities at two pedestrians before shooting one, a Jewish teenage boy, in the forehead with an air rifle and fleeing. The victim suffered swelling but has otherwise recovered.
“Detectives are leading the investigation to locate the occupants of the vehicle and to establish the full circumstances of the incident,” a spokesman for Dorset Police said. “The incident is being treated as a hate crime. Officers are engaging with the local community and carrying out patrols in the area. We would encourage anyone with information or concerns to please speak with an officer.”
Rabbi Alan Lewis, who leads the Bournemouth Hebrew Congregation, said that “the young man who was shot is a religious Jew who was wearing a skull cap. It was very obvious he was Jewish. Then several people living on Manor Road woke up to find that swastikas had been painted on their homes. The homes had a mezuzah outside, so it was obvious that Jewish people lived there.”
Friday night saw a string of swastika vandalism resulting in four reports, including from Rabbi Bentzion Alperowitz, a Chabad leader who discovered the Nazi symbol spray painted in black on his home’s white wall as he left for synagogue the next morning with his two young daughters.
“We will continue to live as proud Jews here in Bournemouth … I want to encourage everyone to do exactly the same,” Alperowitz said. “This is not the Bournemouth I know. Bournemouth is a kind, beautiful place and I feel this is still the truth for the vast majority of people here.”
Other members of the Jewish community came to assist the rabbi with removing the graffiti.
“[The] good news is that by the time you’re watching this video our wall will have been cleaned, thanks to some amazing people from the community, who came around to help clean it,” Alperowitz said.
Author Dov Forman wrote that “on Saturday morning, my friend Rabbi Benzion Alperowitz of Bournemouth Chabad walked outside to find a swastika on his home. Antisemitism is alive on our streets, yet it is too often excused and ignored. But it will not break us. We will continue to live proudly as Jews.”
Law enforcement has reportedly stepped up patrols in the town’s Jewish neighborhoods which include an estimated 2,000 people.
On Monday, the Community Security Trust (CST), an organization focused on monitoring antisemitic threats in the UK, released a statement saying that it was “appalled by a series of anti-Jewish hate crimes in Bournemouth over the weekend. These are abhorrent acts of racism that are deeply distressing for the Jewish community and should alarm everybody. We are supporting the local Jewish community and working with Dorset Police to assist their investigation. We urge anyone with information about these incidents to contact the police and CST.”
CST released a report of antisemitic incidents in the UK during 2024, finding 3,528 — the second highest ever — showing an 18-percent decrease from the all-time high of 4,296 in 2023.
Earlier this month, CST released a separate report noting the group recorded 1,521 antisemitic incidents in the UK from January to June of this year. It marks the second-highest total of incidents ever recorded by CST in the first six months of any year, following the first half of 2024 in which 2,019 antisemitic incidents were recorded in the aftermath of the Hamas-led Oct. 7, 2023, terror attack on Israel.
“These hateful attacks on people and property in Bournemouth are extremely concerning. We have been informed that the police are investigating and hope that the perpetrators will be arrested and face the full force of the law,” Andrew Gilbert, vice president of the Board of Deputies of British Jews, said in a statement.
Maurice Michaels, who served as rabbi at Bournemouth Reform Synagogue, said that the community felt “very pressurized and anxious.” He added, “We’re getting terrified calls from people across the UK asking, ‘Is this really happening in Bournemouth?’ I’d never go out wearing my usual skull cap, I don’t show outward signs of being Jewish. I know community members who have even removed their mezuzah from their front door.”
Michaels described the antisemitic crimes as “a measure of what’s going on across the country, demonstrations where people cover their faces. They don’t want to be recognized because they know what they’re doing is wrong. We do the best we can to secure our safety. But when people attack our homes, when they shoot pellets — it gets to a point where it’s no longer a manageable situation. We’re frightened.”