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Israel’s Kafkaesque Ordeal at the ICC
Proceedings at the International Criminal Court (ICC) in The Hague, Netherlands, February 16, 2021. Photo: ICC-CPI/Handout via Reuters.
Israel is facing unprecedented and bizarre proceedings at the International Criminal Court (ICC), crescendoing with a request by Prosecutor Karim Khan for arrest warrants against its sitting Prime Minister, Benjamin Netanyahu, and Defense Minister, Yoav Gallant.
These events are the result of a multi-faceted and long-developing campaign by anti-Israel activists that has largely advanced under the radar.
Firstly, Israel is not a member of the Court and does not recognize ICC jurisdiction over its actions. In the late 1990s, Israel was initially a strong backer of the ICC, but during the drafting of the Court’s governing Rome Statute, the Arab League blocked efforts to include terrorism as an international crime and helped invent a new crime that would specifically target Israeli activity across the 1949 armistice lines. For these reasons, Israel refused to ratify the Rome Statute and join the Court.
In any other situation, this would be the end of the matter. However, beginning in 2009, the Palestinian Authority (PA), acting in collaboration with UN Rapporteurs and European-funded NGOs linked to the Popular Front for the Liberation of Palestine terror group, attempted to join the Court.
Rather than dismiss the PA’s effort immediately because the PA is not a state — and ICC membership is only available to states — the ICC Prosecutor at the time, Luis Moreno-Ocampo, launched a PR campaign to ostensibly “debate” the issue. Three years later, he rejected the PA’s application, but instead provided a blueprint facilitating the Palestinians’ ability to circumvent the clear standards of the Rome Statute.
In November 2012, the Palestinians succeeded in upgrading their status at the UN to “non-member observer state.” Merely on the basis of this semantic, rather than substantive change, ICC officials allowed the Palestinians to game the system and join the Court.
Despite these machinations and exploitation of the Court, the next Prosecutor, Fatou Bensouda, filed a request with the Court’s Pre-Trial chamber (PTC) in December 2019 seeking authorization to open an investigation into crimes allegedly committed on the territory of the “State of Palestine,” despite the fact that this state does not exist and has no defined territory. Moreover, she argued that the Court could proceed against Israelis, regardless of whether it was a member of the Court.
This action, endorsed by the PTC in February 2021 in a controversial 2-1 opinion, essentially eviscerated the Oslo Accords, the agreement mutually agreed to between Israel and the PLO in the mid-1990s, which lays out governance of the West Bank and Gaza.
A key provision of the Accords is that the PA would not have any authority to exercise or delegate any criminal jurisdiction over Israelis to the Court. The Prosecutor and the Court completely ignored this issue.
In yet another unbelievable move, the Court next also allowed the Palestinians to retroactively assign temporal jurisdiction going back to June 13, 2014, precisely the day after the kidnapping and subsequent murder of three Israeli teenagers, which triggered the war that summer. This meant that Hamas’ brutal murder and kidnapping of Jews, a preview of what Israel would experience on a larger scale on October 7, would get a free pass from the Court.
Fast-forward to Khan’s move to file for arrest warrants against Netanyahu and Gallant. Here, too, the Prosecutor’s office engaged in highly questionable conduct. Khan could have already issued indictments against Hamas leaders on October 7 itself, when their flagrant crimes were broadcast around the world. Instead, he chose to wait until after manufactured allegations of “starvation” could be crafted against Israeli officials. He also inexplicably ignored thousands of other war crimes, including each rocket attack on Israel, committed by Palestinians since 2014.
In yet another outrageous move, at the time of the announcement, Khan’s team had been scheduled to attend meetings in Israel. However, the planned trip appears to have been a bad faith ruse. Instead of the team boarding the plane, Khan went on CNN to tell Christiane Amanpour in an exclusive interview about the arrest warrant requests. It doesn’t take an expert in communications to know that such a step would generate a storm of PR almost solely focused on Israel, meaning attention on the Hamas atrocities and real crimes committed on October 7 would be virtually ignored.
One also wonders if any mind was paid to what this action might mean for any hope of a ceasefire to secure the release of the hostages.
Egregiously, Khan’s actions offended another cornerstone of the Rome Statute, that of complementarity. The ICC is only supposed to act as a court of last resort in situations where a judicial system is unable or unwilling to investigate international crimes. As he himself acknowledged on a visit to Israel in early December, Israel has robust investigatory mechanisms and judiciary — one that has never shied away from intervening in military matters, nor in going after the most senior officials, including prime ministers.
Instead of giving the Israeli system a reasonable time to proceed, however, the Prosecutor disregarded the complementarity requirement and decided to bulldoze forward. In contrast, although Khan has had for years the jurisdiction to act against President Maduro in Venezuela, the Taliban in Afghanistan, and military junta in Myanmar — authoritarian governments responsible for horrific atrocities — no cases have been filed.
Multiple procedural irregularities and political maneuverings of the Office of Prosecutor have been well-documented, and there are several other disturbing aspects to the “Situation in Palestine” not mentioned here. For years, the ICC has been under intense criticism for its lack of accomplishments in its more than 20 years of operation. Khan was brought in to serve as a sober and responsible actor to right the ship. The actions of his office the past few months now call this assessment into question.
In an interview published with the Times of London a few days after his inexplicable actions, Khan stated, “if we don’t hold on to the law, we have nothing to cling onto.” The Prosecutor would be wise to reflect on his Office’s history and follow his own advice.
Anne Herzberg is the Legal Advisor of NGO Monitor, a Jerusalem-based research organization.
The post Israel’s Kafkaesque Ordeal at the ICC first appeared on Algemeiner.com.
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US Treasury Department Targets International Charities, Individuals Fundraising for Hamas
Palestinian supporters protesting outside a Scotland vs. Israel match at the a UEFA Women’s European Qualifiers at Hampden Park, Glasgow, Scotland on May 31, 2024. Photo: Alex Todd/Sportpix/Sipa USA via Reuters Connect
The US Department of the Treasury’s Office of Foreign Assets Control (OFAC) has identified three individuals and one charity as having significant financial ties to the Palestinian terrorist group Hamas.
In a statement released on Monday, the one-year anniversary of Hamas’s Oct. 7 massacre across southern Israel, OFAC announced new sanctions against the entities spotlighted by its investigation and noted they play integral roles in funding Hamas’s terrorism ventures under the guise of “charitable work.” The department said that the investigation was part of its efforts to surface abuses by self-described “charity organizations” really working to financially support terrorist groups.
“As we mark one year since Hamas’s brutal terrorist attack, Treasury will continue relentlessly degrading the ability of Hamas and other destabilizing Iranian proxies to finance their operations and carry out additional violent acts,” US Secretary of the Treasury Janet Yellen said in a statement. “The Treasury Department will use all available tools at our disposal to hold Hamas and its enablers accountable, including those who seek to exploit the situation to secure additional sources of revenue.”
“Treasury is committed to exposing terrorists and terrorist organizations that abuse the NPO sector. By publicly identifying a sham charity, this action reduces the overall risk of the NPO sector and helps preserve access by legitimate humanitarian organizations to financial services,” OFAC added in a statement.
The Treasury Department identified Hamid Abdullah Hussein al Ahmar (al Ahmar), a Yemeni national living in Turkey, as an influential and prolific financier of Hamas. According the US government announcement, al Ahmar has served as the chairman of the Al-Quds International Foundation, a charity organization controlled by Hamas. In addition, OFAC identified nine entities controlled by Ahmar — Al Ahmar Trading Group, Al Ahmar Oils Supply and Distribution, Sama International Media, Al Salam Trading and Agencies General Establishment, Saba, Trade & Investment S.R.O, Sabafon International SAL, Sabaturk Dis Ticaret Anonim Sirketi, Vivid Enerji Yatirimlari Anonim Sirketi, Investrade Portfoy Yonetimi Anonim Sirketi — as potentially having ties to Hamas’s operations.
The agency also flagged a cohort of Hamas funders based in European countries. Italy-based Hamas member Mohammad Hannoun runs the “Charity Association of Solidarity with the Palestinian People,” according to OFAC, which said the so-called “charity” actually operates as a fundraising effort for Hamas’s military wing. Hannoun has been designated by OFAC for “having materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, Hamas.”
Germany-based Hamas member Majed al-Zeer helps spearhead the terrorist group’s European fundraising initiatives, OFAC claimed, adding that he has “appeared publicly with other senior Hamas members in order to generate funding and other support for Hamas.”
Adel Doughman leads Hamas’s Austrian activities and is “one of the most prominent Hamas representatives in Europe,” according to OFAC. Doughman has also maintained high-ranking positions in Europe-based organizations that have allegedly funneled money to the terrorist group.
Both Al-Zeer and Doughman “are being designated for having acted or purported to act for or on behalf of, directly or indirectly, Hamas,” OFAC wrote.
OFAC also highlighted Hamas’s use of “unlicenced” financial institutions such as Al-Intaj Bank to help facilitate their activities. The Hamas government in Gaza granted the alleged terrorist-supporting bank a “permit” to operate in the Palestinian enclave. The bank “provides financial services for Hamas despite not being connected to international banks,” OFAC said.
OFAC levied sanctions on the implicated actors, banning their organizations and transactions from operating in the United States and mandating their reporting to the agency.
“As a result of today’s action, all property and interests in property of the designated persons described above, and of any entities that are owned directly or indirectly, 50 percent or more by them, individually, or with other blocked persons, that are in the United States or in the possession or control of U.S. persons are blocked and must be reported to OFAC,” the agency wrote.
In the year following Hamas’s Oct. 7 slaughter of 1,200 individuals in southern Israel, US federal agencies have identified a flood of terrorist-tied fundraising and information efforts on American soil. In July, US Director of National Intelligence Avril Haines warned that “actors tied to Iran’s government” have encouraged and provided financial support to rampant protests opposing Israel’s war against Hamas.
Iran has for years provided Hamas with weapons, funding, and training.
The post US Treasury Department Targets International Charities, Individuals Fundraising for Hamas first appeared on Algemeiner.com.
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Kamala Harris Refuses to Affirm Netanyahu as an ‘Ally’ of the United States
US Vice President and Democratic presidential candidate Kamala Harris speaks during a campaign event in Eau Claire, Wisconsin, US, Aug. 7, 2024. Photo: REUTERS/Erica Dischino
US Democratic presidential nominee Kamala Harris refused to affirm that Israeli Prime Minister Benjamin Netnayahu is an “ally” of the United States, dodging a direct question on the subject and fueling doubts about her commitment to the Jewish state.
During an interview with the long-running news program “60 Minutes,” Harris was pressed on the Biden administration’s struggles to secure a ceasefire deal between Israel and the Palestinian terrorist group Hamas, which has totally ruled Gaza since 2007. Journalist Bill Whitaker asked the incumbent US vice president whether Washington, DC wields influence over Netanyahu and whether the Biden administration considers the Israeli prime minister a trusted partner.
“Do we have a real, close ally in Prime Minister Netanyahu?” Whitaker asked.
“I think, with all due respect, the better question is do we have an important alliance between the American people and the Israeli people? And the answer to that question is yes,” Harris responded.
Over the course of the interview, Whitaker accused Netanyahu of ignoring American requests to tone down Israeli military activity in Gaza and Lebanon. Harris did not voice disagreement with the journalist’s claims.
“We supply Israel with billions of dollars in military aid. And yet, Prime Minister Netanyahu seems to be charting his own course. The Biden-Harris administration has pressed him to agree to a ceasefire. He’s resisted. You urged him to not go into Lebanon. He went in anyway. He has promised to make Iran pay for a missile attack, and that has the potential of expanding the war. Does the US have no sway under Prime Minister Netanyahu?” Whitaker asked.
US officials have said in recent weeks that Hamas has refused to agree to a ceasefire deal, pointing the finger mainly at the terrorist group’s top leader, Yahya Sinwar.
Meanwhile, Israel has in recent weeks been launching more intensive military operations against the terrorist group Hezbollah, which for the past year has been firing rockets, missiles, and drones at northern Israeli communities almost daily.
Iran, which supports both Hamas and Hezbollah, launched over 180 ballistic missiles at Israel directly. The Jewish state has vowed to respond to the attack.
Harris responded to Whitaker, arguing that American military aid has allowed Israel to “defend itself against 200 ballistic missiles” aimed at killing the Jewish state’s civilians. “It is without any question,” she continued, that the federal government has an “imperative” to help Israel mitigate threats from belligerent entities such as Iran, Hamas, and Hezbollah. The vice president added that Israel has an obligation to allow “humanitarian aid” to enter the Gaza Strip and cooperate with ceasefire negotiations.
Harris added that American pressure against Israel has “resulted in a number of movements in that region” that have helped improve living standards for Palestinians in Gaza.
Since ascending to the top of the Democratic presidential ticket in July, Harris has sought to shore up support among the Jewish community as well as the Arab and Muslim communities in the US. The vice president has also been dogged by accusations that she maintains only mild support for Israel.
In an official White House statement commemorating the Oct. 7 slaughter of roughly 1,200 people throughout southern Israel, the vice president vowed to “do everything in my power to ensure that the threat Hamas poses is eliminated, that it is never again able to govern Gaza, that it fails in its mission to annihilate Israel, and that the people of Gaza are free from the grip of Hamas.”
In the same statement reflecting on the deadliest massacre of Jews since the Holocaust, Harris dedicated a paragraph to seemingly criticizing the Israeli war effort. The Democratic nominee promised that she “will always fight for the Palestinian people.”
“Hamas’s terrorist attack on Oct. 7 launched a war in Gaza. I am heartbroken over the scale of death and destruction in Gaza over the past year — tens of thousands of lives lost, children fleeing for safety over and over again, mothers and fathers struggling to obtain food, water, and medicine,” the statement read. “It is far past time for a hostage and ceasefire deal to end the suffering of innocent people. And I will always fight for the Palestinian people to be able to realize their right to dignity, freedom, security, and self-determination. We also continue to believe that a diplomatic solution across the Israel-Lebanon border region is the only path to restore lasting calm and allow residents on both sides to return safely to their homes.”
The post Kamala Harris Refuses to Affirm Netanyahu as an ‘Ally’ of the United States first appeared on Algemeiner.com.
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Celebrities Partner With Families of Female Hamas Hostages to Call for Their Return Home
Chloe Fineman poses at the screening of the film “Megalopolis” at AMC Lincoln Square in New York City, US, Sept. 23, 2024. Photo: Reuters
A total of 13 celebrities, social media activists, and other influential pro-Israel supporters advocated for the return of 13 women who have been held hostage by Hamas for 365 days since the deadly terrorist attacks on Oct. 7, 2023, in a new video released by The Hostages and Missing Families Forum.
In the video shared on social media as part of the #BringThemHomeNow movement, the 13 activists talk about the hostages, describing who they are, their personalities, and their hopes and dreams for the future. The clip was published on the one-year anniversary of the Oct. 7 terrorist attacks in southern Israel, where Hamas-led terrorists murdered 1,200 people and took over 250 hostages, 97 of which remain in Hamas captivity. The remaining hostages include seven Americans, four of whom are presumed to be alive, according to the American Jewish Committee.
The influential figures who participated in the video include media personality and television host Andy Cohen; “Saturday Night Live” cast member and comedian Chloe Fineman; designer Rebecca Minkoff; Princess Noor Pahlavi, the daughter of the exiled Crown Prince of Iran Reza Pahlavi; artist Zoe Buckman, actresses Patricia Heaton, Debra Messing, Ginnifer Goodwin and Emmanuelle Chriqui; attorney and activist Elica Le Bon, and social media influencers Emily Austin, Adela Cojab Made and Baby Ariel.
The 13 female hostages still held captive by Hamas who are highlighted in the clip are Romi Gonen, 24; Naama Levy, 20; Liri Albag, 19; Ofra Keidar, 70; Shiri Bibas, 33; Inbar Hayman, 27; Emily Damari, 27; Karina Ariev, 20; Agam Berger, 20; Doron Steinbrecher, 31; Arbel Yehud, 29; Daniella Gilboa, 20; and Judy Weinstein Haggai, 70. The video includes footage of some of the hostages that has been released either from their abduction on Oct. 7 or during their ongoing captivity.
It was announced in December that Hayman and Weinstein-Haggai were killed in Hamas captivity. Their bodies remain in Gaza. Weinstein-Haggai was an American-Canadian who immigrated to Israel in 1976. Her husband was killed by Hamas terrorists on Oct. 7.
The post Celebrities Partner With Families of Female Hamas Hostages to Call for Their Return Home first appeared on Algemeiner.com.
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