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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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As Gaza War Continues, Hamas Calls for Global Protests While Israel Marks Breakthroughs in Medical Innovation
A pro-Hamas march in London, United Kingdom, Feb. 17, 2024. Photo: Chrissa Giannakoudi via Reuters Connect
As the Palestinian terrorist group Hamas calls for global protests amid stalled Gaza ceasefire talks, Israel has broken new ground despite the ongoing conflict, achieving a major medical breakthrough in synthetic human kidney development.
The contrast illustrates a stark contrast between the priorities of Hamas, an international designated terrorist group that has ruled Gaza for nearly two decades, and Israel, the lone democracy in the Middle East that has long been a leader in tech and medical innovation.
On Wednesday, Hamas urged worldwide protests in support of Palestinians, calling on the international community “to denounce Israel’s genocidal war and starvation policy in Gaza.”
“We call for continuing and escalating the popular pressure in all cities and squares on Friday, Saturday, and Sunday … through rallies, demonstrations and sit-ins outside the embassies of the Israeli regime and its allies, particularly in the US,” the statement read.
The Palestinian terrorist group also called to expose what it described as “the terrorism of the Zio-Nazi occupation against defenseless civilians.”
Hamas’s latest move against Israel comes amid stalled indirect negotiations over a proposed 60-day ceasefire and hostage release deal, which collapsed last month after the group vowed it would not disarm unless an independent Palestinian state is established — rejecting a key Israeli demand to end the war in Gaza.
In its statement, Hamas demanded the opening of all border crossings to allow immediate aid into the war-torn enclave and urged a global condemnation of “the international community’s inaction on the Israeli crimes.”
Amid mounting international pressure to address the humanitarian crisis in Gaza, Israel announced new measures to facilitate the delivery of aid, including temporary pauses in fighting in certain areas and the creation of protected routes for aid convoys.
Israeli officials have previously accused Hamas of diverting aid for terrorist activities and selling supplies at inflated prices to civilians, while also blaming the United Nations and other foreign organizations for enabling this diversion.
Hamas’s statement also emphasized that the “global resistance movement must continue until Israeli aggression on Gaza ends and the siege on the coastal strip is lifted.”
Meanwhile, as Israel faces escalating hostilities and the heavy toll of war, the Jewish state continues to push the boundaries of innovation and resilience, achieving new medical breakthroughs while confronting ongoing challenges.
In a major medical breakthrough, scientists at Sheba Medical Center and Tel Aviv University have successfully grown a synthetic 3D miniature human kidney in a lab using specialized stem cells derived from kidney tissue — one of the most promising advances in regenerative medicine.
Dr. Dror Harats, chairman of Sheba’s Research Authority, described this achievement as a reflection of Israel’s leading role in global medical innovation.
“Despite growing efforts to isolate Israel from international science, breakthroughs like this prove our impact is both lasting and essential,” he said.
In a landmark study, a team from Sheba’s Safra Children’s Hospital and Tel Aviv University’s Sagol Center for Regenerative Medicine created synthetic kidney organs that matured and remained stable for 34 weeks — the longest-lasting and most refined kidney organoids developed to date.
Nearly a decade ago, the research team became the first to successfully isolate human kidney tissue stem cells — the cells responsible for the organ’s development and growth.
Previous attempts to grow kidneys in a lab using general-purpose stem cells were short-lived, typically lasting only a few weeks and often producing unwanted cell types that compromised research accuracy.
However, this Israeli research team used stem cells taken directly from kidney tissue — cells that naturally develop into kidney parts — allowing them to create a much purer and more stable model with key features found in real kidneys.
This medical breakthrough could have far-reaching implications, redefining the current understanding of kidney diseases and advancing the development of innovative treatments.
Researchers believe the model could help assess how medications impact fetal kidneys during pregnancy and move science closer to repairing or replacing damaged kidney tissue with lab-grown cells.
The discovery came days after researchers from Hebrew University of Jerusalem and international partners discovered a way to boost the immune system’s cancer-fighting ability by reprogramming how T cells, which are white blood cells critical to the immune system, produce energy.
The researchers explained in a study published in the peer-reviewed Nature Communications that disabling a protein known as Ant2 in T cells greatly enhances their effectiveness against tumors.
“By disabling Ant2, we triggered a complete shift in how T cells produce and use energy,” Prof. Michael Berger of Hebrew University’s Faculty of Medicine, who co-led the study with doctorate student Omri Yosef, told the Tazpit Press Service. “This reprogramming made them significantly better at recognizing and killing cancer cells.”
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Netherlands to Push EU to Suspend Israel Trade Deal but Won’t Recognize Palestinian State ‘At This Time’
Netherlands Foreign Affairs Minister Caspar Veldkamp addresses a press conference, in New Delhi on April 1, 2025. Photo: ANI Photo/Sanjay Sharma via Reuters Connect
The Netherlands is spearheading efforts to suspend the European Union-Israel trade agreement amid rising EU criticism of Israel’s actions in Gaza, while simultaneously refusing to recognize a Palestinian state, contrasting with other member states as international pressure mounts.
On Thursday, Dutch Foreign Minister Caspar Veldkamp announced that the Netherlands will push the EU to suspend the trade component of the EU-Israel Association Agreement — a pact governing the EU’s political and economic ties with the Jewish state.
This latest anti-Israel initiative follows a recent EU-commissioned report accusing Israel of committing “indiscriminate attacks … starvation … torture … [and] apartheid” against Palestinians in Gaza during its military campaign against Hamas, an internationally designated terrorist group.
Following calls from a majority of EU member states for a formal investigation, this report built on Belgium’s recent decision to review Israel’s compliance with the trade agreement, a process initiated by the Netherlands and led by EU High Representative for Foreign Affairs and Security Policy Kaja Kallas.
According to the report, “there are indications that Israel would be in breach of its human rights obligations” under the 25-year-old EU-Israel Association Agreement.
While the document acknowledges the reality of violence by Hamas, it states that this issue lies outside its scope — failing to address the Palestinian terrorist group’s role in sparking the current war with its bloody rampage across southern Israel on Oct. 7, 2023.
Israeli officials have slammed the report as factually incorrect and morally flawed, noting that Hamas embeds its military infrastructure within civilian targets and Israel’s army takes extensive precautions to try and avoid civilian casualties.
In a Dutch parliamentary debate on Gaza on Thursday, Veldkamp also announced that the government would not recognize a Palestinian state for now — a position that stands in sharp contrast to the recent moves by several other EU member states to extend recognition.
“The Netherlands is not planning to recognize a Palestinian state at this time,” the Dutch diplomat said.
“This war has ceased to be a just war and is now leading to the erosion of Israel’s own security and identity,” he continued.
This latest decision goes against the position of several EU member states, including France, which has committed to recognizing Palestinian statehood in September.
The United Kingdom has likewise indicated it will do so unless Israel acts to ease the humanitarian crisis in Gaza and agrees to a ceasefire.
For its part, Germany said it was not planning to recognize a Palestinian state in the short term, and Italy argued that recognition must occur simultaneously with the recognition of Israel by the new entity.
Spain, Norway, Ireland, and Slovenia all recognized a Palestinian state last year.
Israel has been facing growing pressure from several EU member states seeking to undermine its defensive campaign against the Palestinian terrorist group Hamas in Gaza.
On Thursday, European Commission Vice President Teresa Ribera strongly condemned Israel’s actions in the war-torn enclave, describing the situation as a “grave violation of human dignity.”
“What we are seeing is a concrete population being targeted, killed and condemned to starve to death,” Ribera told Politico. “If it is not genocide, it looks very much like the definition used to express its meaning.”
Until now, the European Commission has refrained from accusing Israel of genocide, but Ribera’s comments mark one of the strongest European condemnations since the outbreak of the war in Gaza.
She also called on the EU to take decisive action by considering the suspension of its trade agreement with Israel and the implementation of sanctions, while emphasizing that such measures would require unanimous approval from all member states.
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Graduate Student Unions Promoting Antisemitism, Reform Group Says
Students listen to a speech at a protest encampment at Stanford University in Stanford, California US, on April 26, 2024. Photo: Carlos Barria via Reuters Connect.
Higher-education-based unions controlled by United Electrical, Radio, and Machine Workers of America (UE) are rife with antisemitism and anti-Zionist discrimination, according to a new letter imploring the US Congress’s House Committee on Education and the Workforce to address the matter.
“Tracing its roots to communism in the 1930s, the UE is a radical, pro-Hamas labor union that has a long history of antisemitism,” the National Right to Work Foundation (NRTW), one of the US’s leading labor reform groups, wrote on July 30 in a message obtained by The Algemeiner. “The UE openly supports the boycott, divestment, and sanctions (BDS) movement, which is designed to cripple and destroy Israel economically. Today, the UE furthers its antisemitic agenda by unionizing graduate students on college campuses and using its exclusive representation powers to create a hostile environment for Jewish students. The hostile environment includes demanding compulsory dues to fund the UE’s abhorrent activities.”
NRTW went on to describe a litany of alleged injustices to which UE members subject Jewish student-employees in the US’s most prestigious institutions of higher education, from the Massachusetts Institute of Technology (MIT) to Cornell University. At MIT, the letter said, “union officers” aided a riotous group which illegally occupied a section of campus with a “Gaza Solidarity Encampment,” participating in the demonstration and even denying access to campus buildings. UE members at Stanford University, meanwhile, allegedly denied religious accommodations to Jewish students who requested exemption from union dues over that branch’s supporting the BDS movement. And Cornell University UE was accused of denying religious exemptions in several cases as well and followed up the rejection with an intrusive “questionnaire” which probed Jewish students for “legally-irrelevant information.”
The situation requires federal oversight and intervention, NRTW said, including Congress’s possibly clarifying that student-employees are not traditional employees and are therefore afforded protections under sections of the Civil Rights Act which apply to the campus.
“These continuing patterns of antisemitism are illegal, immoral, and must be stopped,” the letter continued. “We encourage you to do all that is in your power to investigate and help bring an end to the UE and its affiliates’ nonstop harassment and intimidation of Jewish students … The Trump administration can also use tools available to it under Title VI and Title VI of the Civil Rights Act against colleges who work with unions to create a hostile environment for Jewish students.”
July’s letter is not the first time NRTW has publicized alleged antisemitic abuse in unions representing higher education employees.
In 2024, it represented a group of six City University of New York (CUNY) professors, five of whom are Jewish, who sued to be “freed” from CUNY’s Professional Staff Congress (PSC-CUNY) over its passing a resolution during Israel’s May 2021 war with Hamas which declared solidarity with Palestinians and accused the Jewish state of ethnic cleansing, apartheid, and crimes against humanity. The group contested New York State’s “Taylor Law,” which it said chained the professors to the union’s “bargaining unit” and denied their right to freedom of speech and association by forcing them to be represented in negotiations by an organization they claim holds antisemitic views.
That same year, NRTW prevailed in a discrimination suit filed to exempt another cohort of Jewish MIT students from paying dues to the Graduate Student Union (GSU). The students had attempted to resist financially supporting GSU’s anti-Zionism, but the union bosses attempted to coerce their compliance, telling them that “no principles, teachings, or tenets of Judaism prohibit membership in or the payment of dues or fees” to the union.
“All Americans should have a right to protect their money from going to union bosses they don’t support, whether those objections are based on religion, politics, or any other reason,” NRTW said at the time.
Follow Dion J. Pierre @DionJPierre.