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Pro-Hamas Demonstrators Avoid Punishment Following Wave of Dropped Charges, Reports Say
The State Attorney’s Office of Cook County, Illinois has dropped criminal charges filed against three Northwestern University faculty and one graduate student who allegedly obstructed law enforcement’s efforts to clear an unlawful demonstration at the Deering Meadow section of campus.
According to a local National Public Radio (NPR) affiliate, the office said its decision is based on its “policy not to prosecute peaceful protesters.”
Charges against the four individuals were pursued by the Northwestern University Police Department, which said that they allegedly engaged in “obstructing a police officer during the protests,” a crime for which they could, if convicted, spend a year in jail and pay a $2,500 fine, The Daily Northwestern reported last week. They had already appeared before a judge and were scheduled to do so again in August.
The university had defended the recommendation of its police department and rejected the notion that the individuals acted peaceably, saying in a statement issued earlier this month that it “does not permit activity that disrupts university operations, violates the law, or includes the intimidation or harassment of members of the community.”
Many more protesters have similarly avoided punishment for the actions they took during a burst of pro-Hamas demonstrations at the end of the 2023-2024 academic year, according to a new report by The New York Times. Prosecutors in Travis County, Texas, for example, have dropped over 100 charges of criminal trespassing filed against University of Texas at Austin protesters, the paper said, and 60 other Northwestern University protesters saw their charges dismissed, with prosecutors calling them “constitutionally dubious.” The Times added, however, that some charges will stick, including those filed against someone who bit a police officer, and many students are still awaiting the outcome of disciplinary proceedings.
Per the report, “At the University of Virginia on May 4, as students were preparing for final exams, administrators called in police to break up an encampment. Police officers in riot gear used chemical irritants to get protesters to disperse and eventually arrested 27 people. The local prosecutor dropped the charges facing seven people after he determined there wasn’t enough evidence. He offered the rest an agreement: their charges would be dismissed in August if they didn’t have any outstanding criminal charges at the time.”
Prosecutors in other states have not been as forbearing. According to Fresh Take Florida, prosecutors in Alachua County, Florida charged seven University of Florida students, as well as two non-students, with trespassing and resisting arrest. The defendants have resolved to take their chances at trial, the news service added, noting that all nine have rejected “deferred prosecution,” an agreement that would require them to plead guilty, or no contest, in exchange for the state’s expunging the convictions from their records in the future so long as they abstain from committing more criminal acts.
One of the nine, computer science student Parker Stanley Hovis, 26, — who was suspended for three years — proclaimed earlier this month that they will contest the state’s cases.
“We did not resist arrest, and we are prepared to fight our charges,” Hovis said in a statement. “We’re standing in solidarity with each other, and collectively demanding that the state drop the charges against us.”
Jewish civil rights group have described the anti-Israel protesters across the US as posing an imminent threat to Jewish students and faculty while noting that many avert being identified by concealing their faces with masks and keffiyehs, a traditional headscarf worn by Palestinians which has become known as a symbol of solidarity with the Palestinian cause and opposition to Israel. Images and footage of the practice have been widely circulated online, and it has rendered identifying the protesters — many of whom have chanted antisemitic slogans, vandalized school property, and threatened to harm Jewish students and faculty during a weeks-long demonstration between April and May — virtually impossible.
On Thursday, one such civil rights group, StandWithUs (SWU), implored the US Department of Justice to crack down on masked protests at Columbia University by enforcing legal statues which are widely referred to as the “KKK Laws,” citing numerous antisemitic incidents of harassment and assault on its campus and the difficulty of punishing the perpetrators.
Dating back to the administration of former US President Ulysses S. Grant, the so-called “KKK Laws” empower the federal government to prosecute those who engage in activities which violate the civil rights of protected groups, as the Ku Klux Klan did across the US South during Reconstruction to prevent African Americans from voting and living as free citizens. StandWithUs alleges that five anti-Zionist groups — most notably Students for Justice in Palestine (SJP) — currently operating on Columbia University’s campus have perpetrated similar abuses in violation of Title VI of the 1964 Civil Rights Act, which guarantees all students, regardless of race or ethnic background, has the right to a safe learning environment.
“We hope the Department of Justice will take this opportunity to restore justice on Columbia University’s campuses and hold bad actors responsible for violating federal laws,” Yael Lerman, director of the SWU Saidoff Legal Department, said in a statement.
Follow Dion J. Pierre @DionJPierre.
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Herzog Confirms Behind-the-Scenes Negotiations with Hamas – Deal ‘Possible’
i24 News – President Isaac Herzog revealed on Sunday that contacts are ongoing between Israel and Hamas for a ceasefire and hostage release deal.
In a conversation with Yael Alexander, the mother of the abductee Edan Alexander who has been held captive for 422 days by Hamas, Herzog said that “there are negotiations behind the scenes – and it is possible.”
“I reiterate the call – now, after the agreement in Lebanon, it’s time to make a deal and bring the captives home,” Herzog said.
His meeting comes after Hamas released a video over the weekend showing Edan Alexander, an American-Israeli who was captured on October 7, 2023, while serving in the IDF. The video showed him pleading for Prime Minister Benjamin Netanyahu and US President-Elect Donald Trump to secure a deal.
“There are negotiations with a bitter and cruel enemy whose entire purpose in the video was to demoralize us all,” he said. “On the contrary – I think this video gave us a lot of strength.”
“I had a sleepless night,” Yael Alexander said – “Edan, his voice. and the video which plays continuously. You can see from the video that Edan is going through hell, he is screaming and his eyes look sad, but this gave me a lot of strength – Edan strengthened us with his call to us. We released this video, so everyone can see – Edan is alive, and many other captives are alive and the time has come to do something and release them.”
Out of the 101 hostages held in Gaza, estimates range as to the number still living, with some going as low as two dozen.
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The Voice of Jacob
JNS.org – The Jewish world is grieving the horrific murder of Rabbi Zvi Kogan in the United Arab Emirates. A gentle ambassador of Judaism, his young life was snuffed out by the perpetrators of evil. We grieve with his young widow, his parents and his family. May God grant them strength, solace and only simcha (“happiness”) in the future.
In this week’s Torah portion, Toldot, we read of the birth of twin sons to Isaac and Rebecca. These twins could not have been less identical. Genesis 25:27 tells us, “The boys grew; Esau became an expert hunter, a man of the field, while Jacob was a guileless man, dwelling in the tents (of Torah).”
Esau was a wild man, hunting animals as well as women. Jacob was a student of Torah. One was a gladiator, the other a sage. Esau would become the father of Rome, the destroyers of our temple, while Jacob went on to become one of the founding fathers of our faith, the patriarch who fathered the 12 tribes of Israel.
Who should we want our children to emulate: the wild warrior or the gentle scholar?
“The voice is the voice of Jacob, and the hands are the hands of Esau,” said Isaac when he was going to bestow the all-important blessings to his son and heir apparent. Jacob is forever represented by the soft voice of the Torah, of wisdom, reason and ethics. Esau, however, is not symbolized by the voice but by the violent hands that strike out and hurt others.
Jewish heroes have always been the peaceful giants of philosophy, wisdom, ethics and morals. Violent murderers are the antithesis of everything we stand for.
I feel that there is a danger today, when our heroes are our Israel Defense Forces soldiers, pilots and naval officers, as they surely should be. They are superheroes of body and soul. Every time a young man or woman puts on a Tzahal uniform, they put their lives on the line. They are prepared to give their lives to defend our homeland and our people. The most secular kibbutznik becomes a tzaddik, the holy of holies, when he makes that courageous commitment.
In fact, the Sheloh—Rabbi Isaiah Horowitz (1558-1628)—wrote that at the holiest moment of the year, on Yom Kippur, at the very climax of the Neilah service when we shout out Shema Yisrael (“Hear O Israel”), we should have in mind to give our life for God, Al Kiddush Hashem “to sanctify his name,” and it will be considered as if we actually did.
Those courageous chayalim make that pledge daily. And far too many have sacrificed their lives in the current war against terror. So it is entirely appropriate that they should be our superheroes. But the inherent danger here is that our children and the younger generation idealize war and military action, heroic though it may be. These wars of defense are a regrettable necessity in our neck of the woods. And today, sadly, Jews everywhere need to be able to defend themselves.
While we honor, cherish and admire our chayalim, they themselves would much rather be at their desktops, in the library or the yeshivah instead of on the front lines.
We dare not forget who we really are, the children of Jacob, B’nai Yisrael. Jacob is our eternal role model. Esau is the antithesis of everything we stand for.
Yes, believe it or not, Jews are pacifists. We are peace-loving people despite the scandalously libelous claims of genocide against us. Our enemies at the United Nations won’t acknowledge it, but it’s who we are.
Yes, we need the IDF, and we need it to be strong and fearless. But that is an unfortunate necessity, not an ideal.
Rabbi Zvi Kogan was a faithful scion of Jacob. His life was cut short by the hands of Esau. Perhaps the appropriate response to this tragedy would be to emulate his ways and enhance our own observance of this sacred ideal or to encourage another to embrace it.
May the voice of Jacob forever drown out and overpower the tumultuous, blood-stained hands of Esau. And may our reluctant warriors be able to go home and resume their gentle lives in peace and security.
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Unable to Destroy Israel Militarily, Its Enemies Resort to Lawfare
JNS.org – Jerusalem has decided to appeal the International Criminal Court’s (ICC) decision to issue warrants for the arrest of Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant. Israel submitted an announcement to the ICC on Wednesday regarding its intention, along with a demand to delay the warrants’ implementation.
In its decision, the ICC said there were reasonable grounds to believe Netanyahu and Gallant were criminally responsible for acts including murder, persecution and starvation as weapons of war as part of a “widespread and systematic attack against the civilian population of Gaza.”
Netanyahu has called the accusation a “modern Dreyfus trial.”
Once again, the Jews have been placed in the docket, this time as antisemites seek to punish Israel on trumped-up charges of “genocide” against the Palestinian people, he said.
Netanyahu met in Jerusalem on Wednesday with U.S. Sen. Lindsey Graham (R-S.C.), who updated him on the efforts he is advancing in Congress against the ICC and countries that cooperate with it.
Amb. Alan Baker, director of the Institute for Contemporary Affairs at the Jerusalem Center for Security and Foreign Affairs and the head of the Global Law Forum, told JNS that practically, “assuming states agree to honor the arrest warrants, despite their being inherently invalid and ultra vires [running against] the ICC statute, they could theoretically try to arrest Netanyahu and Gallant if they enter their territory.”
In a statement published on Wednesday, the Israeli Prime Minister’s Office said Jerusalem’s notice of appeal “shows in detail to what degree the decision to issue the arrest warrants was baseless and without any factual or legal foundation whatsoever.”
Israel denies the authority of the ICC and the legitimacy of the warrants issued against the prime minister and the former defense minister, the statement continued.
Should the court reject the appeal, it will underscore to Israel’s friends in the United States and elsewhere the ICC’s bias against the Jewish state, it added.
The court lacks jurisdiction in the case for several reasons.
First, Israel is not a party to the Rome Statute that established the court, and second because Israel has its own independent, robust judiciary. Third, Palestine is not a state and does not meet the criteria for statehood under international law.
By calling for the arrest of Israel’s leaders, the ICC is violating the Rome Statute, which clearly states that complementarity is the crucial factor in such a decision.
Since Israel has a robust judicial system, it is unnecessary and unlawful for the ICC to involve itself in Israel’s internal matters, and by doing so the court breaches its foundational principles.
Furthermore, as a recent Wall Street Journal editorial noted, “The charge of deliberate starvation is absurd. Israel has facilitated the transfer of more than 57,000 aid trucks and 1.1 million tons of aid [into Gaza], even though Hamas’s rampant theft means Israel is provisioning its battlefield enemy, something the law can’t require.”
The warrant also, absurdly, calls for the arrest of Hamas leader Ibrahim al-Masri, otherwise known as Mohammed Deif, whom Israel and Hamas both say was killed in an Israeli airstrike in July.
By naming him together with Israel’s leaders and thereby feigning even-handedness, the ICC has only demonstrated morally repugnant equivalence.
The Wall Street Journal also highlighted the case of Alice Wairimu Nderitu, the U.N. Special Adviser on the Prevention of Genocide. After she declared that the war against Hamas does not meet the qualifications for genocide, the United Nations announced that her contract will not be renewed, though it has denied the two things are linked.
According to Nderitu, the term “genocide” encapsulates the Holocaust, the Hutus’ mass murder of Tutsis in Rwanda, the Serbian attacks on Bosnian Muslims and the killings being carried out in Sudan.
“As a legal matter, establishing a pattern of violence as a genocide requires demonstrating intent. Israel’s campaign of self-defense doesn’t qualify,” the Journal‘s editorial noted.
The court’s baseless case against Israel’s leaders, coupled with Nderitu’s dismissal, demonstrates that the ICC is abusing the law for political means.
Several world leaders, including President Joe Biden, have harshly criticized the ICC decision.
Biden stated on Thursday evening that warrants were “outrageous.”
Rep. Mike Waltz, tapped by President-elect Donald Trump as National Security Advisor, tweeted, “The ICC has no credibility and these allegations have been refuted by the U.S. government. Israel has lawfully defended its people & borders from genocidal terrorists. You can expect a strong response to the antisemitic bias of the ICC & UN come January.”
Hungarian Prime Minister Viktor Orban has invited Netanyahu to visit his country, assuring him he faces no risk of arrest.
While ambiguous at first, France has declared it will not enforce the warrants as Israel is not a signatory to the ICC.
Some analysts have questioned whether France’s decision was linked to the ceasefire announced Wednesday between Hezbollah and Israel.
Famed lawyer Alan Dershowitz has announced he is assembling a “dream team” to defend Israel in The Hague.
This support is crucial because so much of the international community has fallen for the widespread anti-Israel propaganda.
Hala Rharrit, a former U.S. State Department diplomat who has made her anti-Israel opinions well known, said in an Al-Jazeera interview that most of the world is feeling that “finally, finally, there is a sense that the international community is taking action, far little too late.”
She said that in the State Department, “secretly, many American diplomats are celebrating this.”
Rharrit resigned in April in protest over Biden’s support for Israel.
Several world leaders have condoned the ICC decision.
Turkish President Recep Tayyip Erdogan called the ICC warrants “courageous.”
European Union foreign policy chief Josep Borrell said, “The states that signed the Rome convention are obliged to implement the decision of the court. It’s not optional.”
Some experts have questioned whether the warrant and its implications could prevent civilized nations from fighting terrorism.
“If this progresses to a large-scale issuance of arrest warrants for a wider range of military people and politicians, it could certainly serve as a warning to states involved in fighting terror,” said Amb. Baker.
“But this issue is more of a blatant Israel-directed issue and would not necessarily be used against other states fighting terror,” he added.
According to Natasha Hausdorff, legal director of UK Lawyers for Israel Charitable Trust, “Every phrase of every sentence” in the court’s warrant “was in fact false.”
In a conversation with Matt Frei of Leading Britain’s Conversation (LBC), Hausdorff provided a stinging rebuke to the ICC. “One example is that in furtherance of this allegation of starvation, the prosecutor relied on a report that suggested that famine might come to parts of the Gaza Strip,” she said.
“That report was subsequently debunked by a Famine Review Committee report that indicated it had been based on insufficient or incomplete information and it drew implausible conclusions,” she said.
“The overall conclusion of that process and also from the press release the court put out on Thursday is that they have made that determination to arrest Netanyahu and Gallant on the basis of this slew of false information,” she said.
Should Israel be approaching this challenge differently?
According to Baker, Israel needs to show the countries that are party to the ICC statute “that the issuance of the warrants is ultra vires the terms of the statute since the ICC cannot exercise jurisdiction in the territory of a non-state entity that has no sovereign territory.”
He added that it is “widely acknowledged that no state of Palestine exists, and the fact that the Palestinian leadership has manipulated the United Nations and ICC to treat them as if they are a state doesn’t alter the basic legal and political fact that there is no state of Palestine. Hence the ICC cannot be given jurisdiction by a non-state, and cannot issue arrest warrants.”
“Also,” he said, “as Israel is not a party to the ICC statute, its senior officials enjoy state and diplomatic immunity and thus cannot be arrested.”
The post Unable to Destroy Israel Militarily, Its Enemies Resort to Lawfare first appeared on Algemeiner.com.