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Israel faces charges of genocide at the International Court of Justice. Here’s why, and how Israel will respond.
WASHINGTON (JTA) — Perhaps the most famous court case in Israel history was the trial of Adolf Eichmann, one of the architects of the Holocaust. Next week, more than 60 years later, lawyers for the Israeli government will again grapple with an allegation of genocide — but this time as defendants and not as prosecutors.
That grim history helps explain why Israel has chosen to engage with the International Court of Justice, which will weigh a claim by South Africa that Israel is committing genocide in its war against Hamas in Gaza. Israel is furious at the accusation, which it called a perversion of the genocide charge.
The ICJ will base its judgment on the 1948 U.N. Genocide Convention, which Israel joined almost as soon as the state was established because the convention was written in the wake of the Holocaust, in hopes of preventing another genocide.
“Israel decided to send a legal team because this is an outrageous application by South Africa and we will defend ourselves against those lies,” Lior Hayat, the spokesman for Israel’s Foreign Ministry, said in an interview.
Here’s what’s behind the accusation, how Israel is defending it and what to anticipate.
Who is adjudicating the accusation, and when?
The International Court of Justice, based in The Hague in the Netherlands, adjudicates claims against states. In the past it has considered disputes on everything from maritime border disputes to the United States’ funding of the Contras rebel groups in Nicaragua in the 1980s. The court, first convened in 1946, is the culmination of a series of international conferences that aimed to adjudicate disputes between nations as a means of preventing war.
The court has previously considered cases involving Israel’s treatment of the Palestinians, the moving of the U.S. embassy from Tel Aviv to Jerusalem and an incident in 1955 in which an El Al flight was shot down over Bulgarian airspace.
The International Criminal Court in the same city adjudicates criminal allegations against individuals, such as generals or notorious despots including Libya’s Muammar Ghaddafi and Russian President Vladimir Putin.
The case was initiated late last month by South Africa, and the first hearings are next week, Jan. 11 and 12.
Why is Israel participating?
Israel has a tradition of not engaging with war crimes accusations against its officials, in part because it is not party to the 2002 compact that created the International Criminal Court. In light of the United Nations’ repeated votes and other measures placing blame on Israel, Israel sees the U.N. system as irredeemably biased, and feels that the charges are likely to be loaded.
But Israeli officials say the charge of genocide is too much for a state born in the ashes of the Holocaust to ignore.
“The State of Israel will appear before the International Court of Justice at The Hague to dispel South Africa’s absurd blood libel,” Eylon Levy, a government spokesman, said on Jan. 2.
Rumors have circulated that Alan Dershowitz, the emeritus Harvard Law professor and Israel advocate, will be part of Israel’s legal team, though he has not confirmed his participation. Dershowitz has been on the legal teams of other famous defendants, including O.J. Simpson and, more recently, President Donald Trump during his first impeachment trial. He did not reply to a request for comment.
Beyond seeking to stake a moral defense against a crime it has prosecuted against Nazi war criminals, there are practical reasons for Israel to participate. The ICJ’s process may take years, but if after next week’s hearing it finds enough evidence to go forward, it may call on the parties in the Gaza war to cease hostilities.
Such a court order would establish a legal basis for countries to boycott and isolate Israel and to restrict the movement of its officials if Israel does not comply.
Two years ago, Ukraine sought and received a similar order from the court in its efforts to repel Russia’s invasion. But while both cases involve genocide, the Russia and Israel trials differ: Ukraine is not accusing Russia of genocide. Rather, it went to the ICJ to contest Russia’s accusation that Ukraine is committing genocide — which Putin has cited as a pretext for the war.
Russia, which is massive and has built an insular economy, ignored the order. But Israel, a small country allied with the West, can’t afford to make the same choice, said Orde Kittrie, a senior fellow at the Foundation for Defense of Democracies, an influential Washington think tank with close ties to Israel’s government.
“If Israel is ordered to do what Russia [was] ordered to do, which would be to immediately suspend its military operations, it would certainly be bad for Israel from a PR perspective,” said Kittrie, who is a law professor at Arizona State University. “You don’t want to be violating international law. You don’t want to be fighting when you’ve been told to stop.”
The Biden administration has indicated that it will not honor any injunctions targeting Israel as a result of the genocide charges. “We find this submission meritless, counterproductive, and completely without any basis in fact whatsoever,” National Security Council spokesman John Kirby said on Wednesday.
Pro-Palestinian protestors supporting the Boycott, Divestment and Sanctions campaign against Israel in Cape Town, South Africa, Sept. 21, 2015. Michelly Rall/Getty Images)
Why is South Africa making the charge?
South Africa’s government sees itself as a bulwark against what it casts as western imperialism. It also wants to push back against perceptions in the West that, since the end of apartheid in the early 1990s, it has devolved into corruption, authoritarianism and alliances with repressive regimes.
In 2017, it ignored an ICC warrant for the arrest of then-Sudanese president Omar al-Bashir on genocide charges, allowing him to enter the country.
In addition to the genocide accusation, it has embraced charges that Israel is guilty of apartheid, the crime of institutionalized racial discrimination that was South Africa’s hallmark under white minority rule for decades. Its leaders have never forgiven Israel for cozying up to the apartheid regime. Its parliament in November, in a non-binding vote, said the government should expel Israeli diplomats.
“South Africa has been engaged on the Palestinian issue since really the end of apartheid and the founding of the state,” Michael Walsh, a visiting scholar at the University of California Berkeley, told Vox. “It’s been a prominent issue in South African politics and among South African leaders.”
What is the basis for the genocide accusation?
Pro-Palestinian activists and anti-Zionist figures have been accusing Israel of genocide since the earliest days of the war — an allegation Israeli and other scholars across the political spectrum have strenuously denied both in this conflict and previous rounds of fighting. (A recent letter by a group of Israeli public figures — unconnected with the ICJ case — did accuse some Israeli officials of incitement to genocide, though not of the crime of genocide itself.)
South Africa’s charging document in the ICJ case, which outlines what it calls acts of genocide and also intent, relies on many of the same arguments pro-Palestinian activists have made in recent months.
The acts are drawn from news accounts of the carnage, which according to the Hamas-run Gaza Health Ministry has topped 22,000 Palestinian casualties, including thousands of children. That number doesn’t differentiate between civilians and combatants.
Also included are warnings by international bodies that the population of the enclave is on the verge of mass starvation and disease. “The acts in which Israel has engaged … are genocidal in character, having regard to their nature, scope and context,” the charging document says.
In seeking to establish intent, South Africa quotes statements by Israeli leaders, including Prime Minister Benjamin Netanyahu, that South Africa claims are genocidal in scope.
That is an “extraordinarily challenging” standard to meet, according to an analysis by Alaa Hachem and Oona Hathaway at Just Security, an online security think tank run out of the New York University School of Law. “It requires proof of a specific intent to destroy a group in whole or in part.”
The South African charging document quotes a speech Netanyahu delivered to the Knesset, describing the war as “a struggle between the children of light and the children of darkness, between humanity and the law of the jungle,” which South Africa called a “a dehumanizing theme to which he returned on various occasions.”
That quote and some of the others in the document, the FDD’s Kittrie noted, refer not to the Palestinians as a whole but to Hamas. Kittrie said that Israeli leaders on other occasions have made clear that their war is with the terrorist group that launched the conflict with massacres that took the lives of some 1,200 people, most of them civilians, on Oct. 7.
“Our war against Hamas, the Hamas terrorist organization, is a war — it’s not a war against the people of Gaza,” Defense Minister Yoav Gallant said last month at a press conference with Lloyd Austin, the U.S. defense secretary.
Smoke is seen over Beit Hanoun in the Gaza Strip from the Israeli side of the border, Oct. 27, 2023. (Amir Levy/Getty Images)
Other more damning quotes cited in the document come from figures on the far right. It quotes for instance Amichai Eliahu, the minister of heritage who is a member of the Otzma Yehudit, or Jewish Power, party, who has said, “There is no such thing as uninvolved civilians in Gaza” and has called to nuke the territory.
Those figures are not making decisions in the war, Kittrie said. “The South Africans point to a few statements by members of the Knesset,” he said. “They take some statements out of context.”
That may be the case, said Yaniv Roznai, a law professor at Reichman University in Israel, but it is incumbent on Netanyahu and others to get their allies to avoid indulging fantasies of ethnic cleansing at an extraordinarily risky time.
“Instead of understanding that words have meanings, and that we are in wartime and to watch their mouths and not say really stupid things,” Netanyahu and others are “trying to explain them,” Roznai said in a podcast for UnXeptable, a group that opposes the massive judicial reforms Netanyahu sought before the war.
What will Israel’s case be?
Kittrie said Israel will be able to show it has instituted mitigation measures in its military campaign.
“Israel’s extensive advance warning and other measures to mitigate harm to Gaza civilians make clear that Israel’s goal is not to commit genocide but, far from it, to instead minimize Palestinian civilian casualties while lawfully exercising Israel’s rights to rescue its hostages, apprehend the Oct. 7 perpetrators, and ensure that Israel’s population is secure from further attacks,” he said.
Israeli spokespeople have also suggested that Israel will seek to turn the tables, and level charges of genocide against Hamas.
“The Hamas terrorist organization — which is committing war crimes, crimes against humanity and sought to commit genocide on 7 October — is responsible for the suffering of the Palestinians in the Gaza Strip by using them as human shields and stealing humanitarian aid from them,” the Foreign Ministry’s Hayat said in a statement.
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US Senators Urge Secretary of Homeland Security to Secure Northern Border From Gaza Refugees
US Sen. Ted Cruz (R-TX) speaking at a press conference about the United States restricting weapons for Israel, at the US Capitol, Washington, DC. Photo: Michael Brochstein/Sipa USA via Reuters Connect
Six US senators sent a letter to US Secretary of Homeland Security Alejandro Mayorkas this week requesting that he increase security measures along the northern border in response to Canada accepting an influx of refugees from Gaza, the Palestinian enclave ruled by the terrorist group Hamas.
The six Republican lawmakers — Sens. Marco Rubio (FL), Ted Cruz (TX), Joni Ernst (IA), Tom Cotton (AK), Mike Braun (IN), and Josh Hawley (MO) — said they were “deeply concerned” that refugees from Gaza could sneak into the United States. The senators warned that allowing unvetted Palestinian refugees to cross the border poses a serious national security threat.
“On May 27, 2024, the Government of Canada announced its intent to increase the number of Gazans who will be allowed into their country under temporary special measures,” the senators wrote. “We are deeply concerned and request heightened scrutiny by the US Department of Homeland Security should any of them attempt to enter the United States at ports of entry as well as between ports of entry.”
After arriving in Canada, the Palestinian refugees will be given a “Refugee Travel Document,” which serves as a valid form of identification, the letter claimed, adding that US Citizenship and Immigration Services recognizes these documents as a valid substitute for a passport. The senators warned that “individuals with ties to terrorist groups” could potentially enter into the United States.
The letter argued that the US should maintain “common-sense terrorist screening and vetting” for any individual attempting to enter its borders from a foreign country. The lawmakers lamented that the Biden administration’s “”ax border enforcement” has rendered the country vulnerable to potential terrorist attacks. From April 1, 2023 to March 31, 2024, the US Customs and Border Protection’s Office of Field Operations intercepted over 233 suspected terrorists at the northern border, according to the letter.
“[T]he possibility of terrorists crossing the US-Canada border is deeply concerning given the deep penetration of Gazan society by Hamas,” the senators wrote. “It would be irresponsible for the US to not take necessary heightened precautions when foreigners attempt to enter the United States.”
On Oct. 7, Hamas launched the ongoing war in Gaza with its Oct. 7 invasion of and massacre of 1,200 people across southern Israel. The Palestinian terrorist group also kidnapped over 250 hostages.
In response, Israel launched defensive military operations in Gaza with the aim of freeing the hostages and permanently dislodging Hamas from the neighboring enclave.
The vast majority of Palestinians in Gaza, as well as the West Bank, still support Hamas’ Oct. 7 massacre across southern Israel that started the ongoing war, and they would prefer a “day after” scenario in which Hamas remains in control of Gaza rather than the Palestinian Authority, which governs in the West Bank, or other Arab countries, according to recent Palestinian polling. The same polling found that, when asked about support for Palestinian political parties and movements, a plurality chose Hamas.
US lawmakers are split along party lines as to whether the United States should accept refugees from Gaza. Republicans are largely opposed to importing refugees from Gaza, arguing that individuals from the war-torn enclave present “a national security risk” to the United States.” In May, Ernst and Sen. Mitch McConnell (R-KY) sent US President Joe Biden a letter, urging him not to accept any refugees from Gaza.
In June, however, a group of 70 Democratic lawmakers sent Mayorkas a letter, requesting he create “pathways” for more refugees of the Israel-Hamas war to resettle in America.
The post US Senators Urge Secretary of Homeland Security to Secure Northern Border From Gaza Refugees first appeared on Algemeiner.com.
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Video of Masked Man Vowing ‘Rivers of Blood’ at Paris Olympics Over Israel Support Appears to Be Fake, of Russia Origin
Screenshot of a widely circulated video published on social media showing a masked man vowing that “rivers of blood will flow” at the 2024 Paris Olympics due to France’s support for Israel. According to reports, the video appears to be fake and of Russian origin.
A widely circulated video published on social media this week showing a masked man vowing that “rivers of blood will flow” at the 2024 Paris Olympics due to France’s support for Israel appears to be fake and of Russian origin, according to reports.
The video — published on Tuesday on social media networks including X/Twitter and Telegram — featured a keffiyeh-clad man with his face covered, delivering an Arabic-language address threatening France with violence due to the country’s alleged support for Israel amid its ongoing war with Hamas in Gaza.
Addressing “the people of France” and “French President [Emmanuel] Macron,” the masked individual said, “You supported the Zionist regime in its criminal war against the people of Palestine. You provided Zionists with weapons; you helped murder our brothers and sisters, our children.”
“You invited the Zionists to the Olympic games. You will pay for what you have done!” continued the man, who wore a shirt adorned with a Palestinian flag. “Rivers of blood will flow through the streets of Paris. This day is approaching, God willing. Allah is the greatest.”
The video, published on X/Twitter by the account @endzionism24 and retweeted by Palestinian activist Ihab Hassan, ended with the speaker holding a prop severed head complete with fake blood up for the camera.
He is not a Palestinian:
A video clip has surfaced showing an individual wearing a keffiyeh and a Palestinian flag badge, threatening France with a “river of blood” at the Olympic Games.
It is glaringly obvious to any Arabic speaker that this person is not Arab; his dialect… pic.twitter.com/rwWGkkbiAi
— Ihab Hassan (@IhabHassane) July 23, 2024
Hassan and other social media users immediately noted that the man speaking was clearly not a native Arabic speaker, citing his reasonably fluent but awkward and occasionally incorrect pronunciation.
Many social media users aware of the mispronunciations seemed to blame Israel for the video, implying the clip was a false flag meant to fearmonger and demonize Palestinians and Muslims. They did not address the fact that Israel has access to hundreds of thousands of native Palestinian Arabic speakers who would sound far more convincing than the man in the video.
On Wednesday, French Interior Minister Gerald Darmanin said that “French secret services and their partners have not been able to authenticate the veracity of this video.”
According to researchers at Microsoft, however, the video appears to be part of a Russian-linked disinformation campaign meant to disrupt the Olympics, which began with the opening ceremony on Friday.
The researchers from Microsoft’s Threat Analysis Center told NBC News that the clip appears to have come from a Russian disinformation group known as Storm-1516, an outgrowth of Russia’s Internet Research Agency.
The latest clip was linked to a similar disinformation video falsely alleging that Ukraine had sent arms to Hamas — a claim for which there is no evidence. According to the researchers, the more recent video appears to be part of a Russian scare campaign meant to disrupt the Olympics.
The video came just days before France’s rail infrastructure was hit on Friday, ahead of the start of the Olympics, with widespread acts of vandalism including arson attacks, paralyzing travel to Paris from the rest of France and Europe just hours before the opening ceremony of the Olympics. French authorities described the acts as “criminal” and “malicious.”
Israeli Foreign Minister Israel Katz said that the sabotage of France’s high-speed rail network was directed by Iran, which Western intelligence agencies have for years labeled as the world’s foremost state sponsor of terrorism.
“The sabotage of railway infrastructure across France ahead of the Olympics was planned and executed under the influence of Iran’s axis of evil and radical Islam,” Katz wrote on X/Twitter. “As I warned my French counterpart [Stéphane Séjourné] this week, based on information held by Israel, Iranians are planning terrorist attacks against the Israeli delegation and all Olympic participants. Increased preventive measures must be taken to thwart their plot. The free world must stop Iran now — before it’s too late.”
Katz was referring to a letter he sent on Thursday to Séjourné raising alarm bells about what he described as a plan by Iran to attack Israel’s Olympic delegation.
Darmanin and French National Police both announced previously that they are taking increased security measures to ensure the safety of Israel’s Olympic delegation while they are in Paris amid mounting threats. These measures include providing them with round the clock security from French police. The Israeli delegation will also receive additional security details from Israel’s Shin Bet security agency during the Olympics.
The post Video of Masked Man Vowing ‘Rivers of Blood’ at Paris Olympics Over Israel Support Appears to Be Fake, of Russia Origin first appeared on Algemeiner.com.
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Top St. Louis Newspaper Endorses US Rep. Cori Bush’s Opponent, Argues Incumbent’s Israel Stance Is ‘Disqualifying’
US Rep. Cori Bush (D-MO) raises her fist as US Rep. Rashida Tlaib (D-MI) addresses a pro-Hamas demonstration in Washington, DC. Photo: Reuters/Allison Bailey
The editorial board of The St. Louis Post-Dispatch, the largest daily newspaper in Missouri, has endorsed the opponent of US Rep. Cori Bush (D-MO), pointing to the incumbent congresswoman’s lack of legislative accomplishments and stance on the Israel-Hamas war.
The Post-Dispatch argued that Bush’s position on Israel and the Gaza war should be “disqualifying” for any elected representative. The outlet took umbrage with Bush for equating a close democratic ally of the US with a genocidal terrorist organization.
“Israel’s conduct of the war has been far from perfect, but it remains a democracy fighting for survival against an evil terrorist organization. Bush’s tendency to equate both sides — and even to side with the terrorists, as when she cast one of just two House votes against a resolution to bar Hamas members from the US — should in itself be disqualifying for re-election,” the editorial board wrote.
Bush has established herself as one of the most vocal critics of Israel in the US Congress. Only nine days after Hamas’ Oct. 7 slaughter of roughly 1,200 people in southern Israel, Bush called for an “immediate ceasefire” between Israel and the Palestinian terrorist group. As the war dragged on, Bush’s rhetoric toward Israel sharpened, with the congresswoman accusing the Jewish state of committing “genocide” in Gaza and “apartheid” in the West Bank. Bush has also accused Israel of inflicting a “famine” in Gaza without providing evidence.
Bush seems more interested in pandering to the far-left fringes of the progressive movement than serving her constituents, the Post-Dispatch argued. Bush’s membership in “The Squad” — a clique of far-left progressive, anti-establishment lawmakers in the House of Representatives — has rendered her completely incapable of “accomplishing anything” in the halls of Congress, according to the newspaper.
The editorial board urged its readers to vote for Wesley Bell, pointing to his moderated approach to the Israeli-Palestinian conflict as an example of his pragmatism and moral clarity.
“On Israel, Bell offers an appropriately measured stance, acknowledging the need to protect Gazan civilians and work toward a two-state solution, while supporting America’s closest ally in the Middle East,” the outlet wrote.
In contrast to Bush, Bell has expressed more sympathy to Israel’s military operations in Gaza, emphatically rejecting the notion that Israel’s actions in Gaza constitute “genocide” or “ethnic cleansing.”
Moreover, Bell has strengthened his ties with the Jewish community over the course of his campaign. The American Israel Public Affairs Committee (AIPAC), the foremost pro-Israel lobbying group in the US, donated a reported $5 million to Bell’s campaign through its United Democracy Project super PAC. A group of 30 St. Louis-area rabbis penned a letter endorsing Bell, accusing Bush of a “lack of decency, disregard for history, and for intentionally fueling antisemitism and hatred.” Bell also brought about an official “director of Jewish outreach” to increase turnout among the Jewish community.
A poll commissioned by McLaughlin & Associates and sponsored by the CCA Action Fund, a pro-Bell super PAC, showed Bell with a commanding 56 percent to 33 percent lead over Bush.
Supporters of Israel see the primary race as a prime opportunity to oust another opponent of the Jewish state from the halls of Congress. Rep. Jamaal Bowman (D-NY), a progressive lawmaker, lost his primary race to a pro-Israel challenger on June 25. Over the course of his reelection campaign, Bowman accused Israel of committing “genocide” and enacting “apartheid” against Palestinians. Bowman’s comments incensed Jewish constituents in the leafy suburbs of Westchester County, New York.
Furthermore, observers are looking to the race as a potential indicator of the Democratic electorate’s position on Israel. Opinions of the Jewish state among Democrats have soured in the months following Oct. 7, calling into question whether anti-Israel views are still a liability with American liberals.
The post Top St. Louis Newspaper Endorses US Rep. Cori Bush’s Opponent, Argues Incumbent’s Israel Stance Is ‘Disqualifying’ first appeared on Algemeiner.com.
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