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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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‘Fine Scholar’: UC Berkeley Chancellor Praises Professor Who Expressed Solidarity With Oct. 7 Attacks

University of California, Berkeley chancellor Dr. Rich Lyons, testifies at a Congressional hearing on antisemitism, in Washington, D.C., U.S., on July 15, 2025. Photo: Allison Bailey via Reuters Connect.
The chancellor of University of California, Berkeley described a professor who cheered the Oct. 7 Hamas massacre across southern Israel a “fine scholar” during a congressional hearing held at Capitol Hill on Tuesday.
Richard K. Lyons, who assumed the chancellorship in July 2024 issued the unmitigated praise while being questioned by members of the House of Representatives Committee on Education and the Workforce, which summoned him and the chief administrators of two other major universities to interrogate their handling of the campus antisemitism crisis.
Lyons stumbled into the statement while being questioned by Rep. Lisa McClain (R-MI), who asked Lyons to describe the extent of his relationship and correspondence with Professor Ussama Makdisi, who tweeted in Feb. 2024 that he “could have been one of those who broke through the siege on October 7.”
“What do you think the professor meant,” McClain asked Lyons, to which the chancellor responded, “I believe it was a celebration of the terrorist attack on October 7.” McClain proceeded to ask if Lyons discussed the tweet with Makdisi or personally reprimanded him, prompting an exchange of remarks which concluded with Lyons’s saying, “He is a fine scholar.”
Lyon’s comment came after nearly three hours in which the group of university leaders — which included Dr. Robert Groves, president of Georgetown University, and Dr. Felix V. Matos Rodriguez, chancellor of the City University of New York (CUNY) — offered gaffe-free, deliberately worded answers to the members’ questions to avoid eliciting the kind of public relations ordeal which prematurely ended the tenures of two Ivy League presidents in 2024 following an education committee held in Dec. 2023.
Rep. McClain later criticized Lyons on social media, calling his comment “totally disgraceful.” She added, “Faculty must be held accountable and Jewish students deserve better.”
CUNY chancellor Rodriguez also triggered a rebuke from the committee members in which he was also described as a “disgrace.”
As previously reported by The Algemeiner, CUNY campuses have been lambasted by critics as some of the most antisemitic institutions of higher education in the United States. Last year, the US Department of Education’s Office for Civil Rights (OCR) resolved half a dozen investigations of antisemitism on CUNY campuses, one of which involved Jewish students who were pressured into saying that Jews are White people who should be excluded from discussions about social justice.
During Tuesday’s hearing Rodriguez acknowledged that antisemitic incidents continue to disrupt Jewish academic life, disclosing that 84 complaints of antisemitism have been formally reported to CUNY administrators since 2024. 15 were filed in 2025 alone, but CUNY, he said, has published only 18 students for antisemitic conduct. Rodriguez went on to denounce efforts to pressure CUNY into adopting the boycott, divestment, and sanctions (BDS) movement against Israel, saying, “I have repudiated BDS and I have said there’s no place for BDS at the City University of New York.”
Rep. Virginia Foxx (R-NC) remarked, however, that Rodriguez has allegedly done little to address antisemitism in the CUNY faculty union, the Professional Staff Congress (PSC), which has passed several resolutions endorsing BDS and whose members, according to 2021 ruling rendered by the Equal Employment Opportunity Commission (EEOC), discriminated against Professor Jeffrey Lax by holding meetings on Shabbat to prevent him and other Jews from attending them.
“The PSC does not speak for the City University of New York,” Rodriquez protested. “We’ve been clear on our commitment against antisemitism and against BDS.”
Later, Rep. Elise Stefanik (R-NY), whose grilling of higher education officials who appear before the committee has created several viral moments, rejected Rodriguez’s responses as disingenuous.
“It’s all words, no action. You have failed the people of New York,” she told the chancellor. “You have failed Jewish students in New York State, and it is a disgrace.”
Following the hearing, The Lawfare Project, legal nonprofit which provides legal services free of charge to Jewish victims of civil rights violations, applauded the education committee for publicizing antisemitism at CUNY.
“I am thankful for the many members of Congress who worked with us to ensure that the deeply disturbing facts about antisemitism at CUNY were brought forward in this hearing,” Lawfare Project litigation director Zipora Reich said in a press release. “While it is deeply frustrating to hear more platitudes and vague promises from CUNY’s leadership, we are encouraged to see federal lawmakers demanding accountability.”
Follow Dion J. Pierre @DionJPierre.
The post ‘Fine Scholar’: UC Berkeley Chancellor Praises Professor Who Expressed Solidarity With Oct. 7 Attacks first appeared on Algemeiner.com.
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Scandal-Plagued UN Commission Disbands Amid Increasing US Pressure Against Anti-Israel International Organizations

Miloon Kothari, member of the United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel, briefs reporters on the first report of the Commission. UN Photo/Jean Marc Ferré
The Commission of Inquiry (COI), a controversial United Nations commission investigating Israel for nearly five years, has collapsed after all three of its members abruptly resigned days after the United States sanctioned a senior UN official over antisemitism.
Commission chair Navi Pillay resigned on July 8, citing health concerns and scheduling conflicts. Her fellow commissioners, Chris Sidoti and Miloon Kothari, followed suit days later. While none of the commissioners directly linked their resignations to the U.S. sanctions, the timing suggests mounting American pressure played a decisive role.
The resignations came just one day before the Trump administration announced sanctions on Francesca Albanese, the UN Special Rapporteur on the Palestinian territories. Albanese was sanctioned over what the State Department called a “pattern of antisemitic and inflammatory rhetoric.” She had previously claimed that the U.S. was controlled by a “Jewish lobby” and questioned Israel’s right to self-defense. The sanctions bar her from entering the U.S. and freeze any assets under American jurisdiction.
The resignations mark a major victory for critics who have long viewed the inquiry as biased and politically motivated.
Watchdog groups, including Geneva-based UN Watch, celebrated the swift collapse of the Commission of Inquiry (COI), which they say had long operated with an open mandate to target Israel. “This is a watershed moment of accountability,” said UN Watch Executive Director Hillel Neuer. “The COI was built on bias and sustained by hatred. Its fall is a victory for human rights, not a defeat.”
The COI had faced heavy criticism since its formation in 2021. In July 2022, Commissioner Miloon Kothari, made comments about the undue influence of a so-called “Jewish lobby” on the media, said the COI would “have to look at issues of settler colonialism.”
“Apartheid itself is a very useful paradigm, so we have a slightly different approach, but we will definitely get to it,” he added.
The Commission was established in 2021 year following the 11-day war between Israel and Gaza’s ruling Hamas group in May. COI is the first UN commission to ever be granted an indefinite period of investigation, which has drawn criticism from the US State Department, members of US Congress, and Jewish leaders across the world.
Following the resignations, Council President Jürg Lauber invited member states to nominate replacements by August 31. However, it is unclear whether the commission will be reconstituted or quietly shelved. UN Watch and other groups have urged the council to disband the COI entirely, calling it irreparably biased.
The post Scandal-Plagued UN Commission Disbands Amid Increasing US Pressure Against Anti-Israel International Organizations first appeared on Algemeiner.com.