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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 CourtIn 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.


The post Israel faces charges of genocide at the International Court of Justice. Here’s why, and how Israel will respond. appeared first on Jewish Telegraphic Agency.

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Hamas Says No Interim Hostage Deal Possible Without Work Toward Permanent Ceasefire

Explosions send smoke into the air in Gaza, as seen from the Israeli side of the border, July 17, 2025. Photo: REUTERS/Amir Cohen

The spokesperson for Hamas’s armed wing said on Friday that while the Palestinian terrorist group favors reaching an interim truce in the Gaza war, if such an agreement is not reached in current negotiations it could revert to insisting on a full package deal to end the conflict.

Hamas has previously offered to release all the hostages held in Gaza and conclude a permanent ceasefire agreement, and Israel has refused, Abu Ubaida added in a televised speech.

Arab mediators Qatar and Egypt, backed by the United States, have hosted more than 10 days of talks on a US-backed proposal for a 60-day truce in the war.

Israeli officials were not immediately available for comment on the eve of the Jewish Sabbath.

Israeli Prime Minister Benjamin Netanyahu’s office said in a statement on a call he had with Pope Leo on Friday that Israel‘s efforts to secure a hostage release deal and 60-day ceasefire “have so far not been reciprocated by Hamas.”

As part of the potential deal, 10 hostages held in Gaza would be returned along with the bodies of 18 others, spread out over 60 days. In exchange, Israel would release a number of detained Palestinians.

“If the enemy remains obstinate and evades this round as it has done every time before, we cannot guarantee a return to partial deals or the proposal of the 10 captives,” said Abu Ubaida.

Disputes remain over maps of Israeli army withdrawals, aid delivery mechanisms into Gaza, and guarantees that any eventual truce would lead to ending the war, said two Hamas officials who spoke to Reuters on Friday.

The officials said the talks have not reached a breakthrough on the issues under discussion.

Hamas says any agreement must lead to ending the war, while Netanyahu says the war will only end once Hamas is disarmed and its leaders expelled from Gaza.

Almost 1,650 Israelis and foreign nationals have been killed as a result of the conflict, including 1,200 killed in the Oct. 7, 2023, Hamas attack on southern Israel, according to Israeli tallies. Over 250 hostages were kidnapped during Hamas’s Oct. 7 onslaught.

Israel responded with an ongoing military campaign aimed at freeing the hostages and dismantling Hamas’s military and governing capabilities in neighboring Gaza.

The post Hamas Says No Interim Hostage Deal Possible Without Work Toward Permanent Ceasefire first appeared on Algemeiner.com.

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Iran Marks 31st Anniversary of AMIA Bombing by Slamming Argentina’s ‘Baseless’ Accusations, Blaming Israel

People hold images of the victims of the 1994 bombing attack on the Argentine Israeli Mutual Association (AMIA) community center, marking the 30th anniversary of the attack, in Buenos Aires, Argentina, July 18, 2024. Photo: REUTERS/Irina Dambrauskas

Iran on Friday marked the 31st anniversary of the 1994 bombing of the Argentine Israelite Mutual Association (AMIA) Jewish community center in Buenos Aires by slamming Argentina for what it called “baseless” accusations over Tehran’s alleged role in the terrorist attack and accusing Israel of politicizing the atrocity to influence the investigation and judicial process.

The Iranian Foreign Ministry issued a statement on the anniversary of Argentina’s deadliest terrorist attack, which killed 85 people and wounded more than 300.

“While completely rejecting the accusations against Iranian citizens, the Islamic Republic of Iran condemns attempts by certain Argentine factions to pressure the judiciary into issuing baseless charges and politically motivated rulings,” the statement read.

“Reaffirming that the charges against its citizens are unfounded, the Islamic Republic of Iran insists on restoring their reputation and calls for an end to this staged legal proceeding,” it continued.

Last month, a federal judge in Argentina ordered the trial in absentia of 10 Iranian and Lebanese nationals suspected of orchestrating the attack in Buenos Aires.

The ten suspects set to stand trial include former Iranian and Lebanese ministers and diplomats, all of whom are subject to international arrest warrants issued by Argentina for their alleged roles in the terrorist attack.

In its statement on Friday, Iran also accused Israel of influencing the investigation to advance a political campaign against the Islamist regime in Tehran, claiming the case has been used to serve Israeli interests and hinder efforts to uncover the truth.

“From the outset, elements and entities linked to the Zionist regime [Israel] exploited this suspicious explosion, pushing the investigation down a false and misleading path, among whose consequences was to disrupt the long‑standing relations between the people of Iran and Argentina,” the Iranian Foreign Ministry said.

“Clear, undeniable evidence now shows the Zionist regime and its affiliates exerting influence on the Argentine judiciary to frame Iranian nationals,” the statement continued.

In April, lead prosecutor Sebastián Basso — who took over the case after the 2015 murder of his predecessor, Alberto Nisman — requested that federal Judge Daniel Rafecas issue national and international arrest warrants for Iran’s Supreme Leader Ayatollah Ali Khamenei over his alleged involvement in the attack.

Since 2006, Argentine authorities have sought the arrest of eight Iranians — including former president Ali Akbar Hashemi Rafsanjani, who died in 2017 — yet more than three decades after the deadly bombing, all suspects remain still at large.

In a post on X, the Delegation of Argentine Israelite Associations (DAIA), the country’s Jewish umbrella organization, released a statement commemorating the 31st anniversary of the bombing.

“It was a brutal attack on Argentina, its democracy, and its rule of law,” the group said. “At DAIA, we continue to demand truth and justice — because impunity is painful, and memory is a commitment to both the present and the future.”

Despite Argentina’s longstanding belief that Lebanon’s Shiite Hezbollah terrorist group carried out the devastating attack at Iran’s request, the 1994 bombing has never been claimed or officially solved.

Meanwhile, Tehran has consistently denied any involvement and refused to arrest or extradite any suspects.

To this day, the decades-long investigation into the terrorist attack has been plagued by allegations of witness tampering, evidence manipulation, cover-ups, and annulled trials.

In 2006, former prosecutor Nisman formally charged Iran for orchestrating the attack and Hezbollah for carrying it out.

Nine years later, he accused former Argentine President Cristina Fernández de Kirchner — currently under house arrest on corruption charges — of attempting to cover up the crime and block efforts to extradite the suspects behind the AMIA atrocity in return for Iranian oil.

Nisman was killed later that year, and to this day, both his case and murder remain unresolved and under ongoing investigation.

The alleged cover-up was reportedly formalized through the memorandum of understanding signed in 2013 between Kirchner’s government and Iranian authorities, with the stated goal of cooperating to investigate the AMIA bombing.

The post Iran Marks 31st Anniversary of AMIA Bombing by Slamming Argentina’s ‘Baseless’ Accusations, Blaming Israel first appeared on Algemeiner.com.

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Jordan Reveals Muslim Brotherhood Operating Vast Illegal Funding Network Tied to Gaza Donations, Political Campaigns

Murad Adailah, the head of Jordan’s Muslim Brotherhood, attends an interview with Reuters in Amman, Jordan, Sept. 7, 2024. Photo: REUTERS/Jehad Shelbak

The Muslim Brotherhood, one of the Arab world’s oldest and most influential Islamist movements, has been implicated in a wide-ranging network of illegal financial activities in Jordan and abroad, according to a new investigative report.

Investigations conducted by Jordanian authorities — along with evidence gathered from seized materials — revealed that the Muslim Brotherhood raised tens of millions of Jordanian dinars through various illegal activities, the Jordan news agency (Petra) reported this week.

With operations intensifying over the past eight years, the report showed that the group’s complex financial network was funded through various sources, including illegal donations, profits from investments in Jordan and abroad, and monthly fees paid by members inside and outside the country.

The report also indicated that the Muslim Brotherhood has taken advantage of the war in Gaza to raise donations illegally.

Out of all donations meant for Gaza, the group provided no information on where the funds came from, how much was collected, or how they were distributed, and failed to work with any international or relief organizations to manage the transfers properly.

Rather, the investigations revealed that the Islamist network used illicit financial mechanisms to transfer funds abroad.

According to Jordanian authorities, the group gathered more than JD 30 million (around $42 million) over recent years.

With funds transferred to several Arab, regional, and foreign countries, part of the money was allegedly used to finance domestic political campaigns in 2024, as well as illegal activities and cells.

In April, Jordan outlawed the Muslim Brotherhood, the country’s most vocal opposition group, and confiscated its assets after members of the Islamist movement were found to be linked to a sabotage plot.

The movement’s political arm in Jordan, the Islamic Action Front, became the largest political grouping in parliament after elections last September, although most seats are still held by supporters of the government.

Opponents of the group, which is banned in most Arab countries, label it a terrorist organization. However, the movement claims it renounced violence decades ago and now promotes its Islamist agenda through peaceful means.

The post Jordan Reveals Muslim Brotherhood Operating Vast Illegal Funding Network Tied to Gaza Donations, Political Campaigns first appeared on Algemeiner.com.

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