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South African Jews Welcome ICJ Ruling on Israel’s Military Operation in Gaza
South Africa’s main Jewish body on Friday welcomed the International Court of Justice (ICJ) ruling on Israel’s war against Hamas in Gaza, portraying it as a blow to the ruling African National Congress (ANC) which brought the case after accusing the Jewish state of committing “genocide.”
The South African Jewish Board of Deputies (SAJBD) said it “welcomes the ICJ’s recognition of Israel’s right to defend its citizens by denying the ANC government’s request for a ceasefire.”
It noted that the court “was never asked to determine the merits of the charge of genocide. It was only asked to provide interim measures, two of which were granted.”
The group highlighted the ICJ’s statement that it remains “gravely concerned about the fate of the hostages abducted during the attack in Israel on 7 October 2023 and held since then by Hamas and other armed groups, and calls for their immediate and unconditional release.”
“The court’s call for the hostages to be freed is a fundamental requirement for the end of the conflict,” the SAJBD said. “It is regrettable that the South African government did not put pressure on Hamas to release the hostages from the outset, which would have averted such terrible loss of life.” More than 200 Israeli and foreign hostages were seized by Hamas terrorists during their Oct. 7 pogrom in southern Israel, in which over 1,200 people were murdered amid atrocities that included mass rape.
The International Court of Justice (ICJ) unveiled its decision on Friday, regarding potential “emergency measures” against Israel following South Africa’s allegations of “state-led genocide” in Gaza.
The judgement summary was no immediate order to halt the war, but assistance must be provided to improve humanitarian conditions, take measures to prevent acts or incitement against the genocide convention, to preserve evidence and provide a report of government acts taken.
ICJ President Joan Donoghue stated in light of initial findings, the court has jurisdiction to hear the case and won’t remove it from the docket, as requested by Israel.
Donoghue later said the ICJ finds a plausible link for need of some of the provisional measures requested by South Africa.
The South African delegation sought nine provisional measures, urging the court to compel the Israel Defense Forces (IDF) to cease military actions in Gaza during the proceedings, aiming for an enforced ceasefire.
Israeli officials, regardless of the ICJ’s call, have affirmed their unwavering commitment to ‘asserting the right to self-defense.’
Anticipating the ICJ’s decision in The Hague, Prime Minister Benjamin Netanyahu orchestrated a special meeting. Simultaneously, Hamas issued a preliminary proclamation, expressing ‘willingness for a ceasefire’ if sanctioned by the court, hinging on reciprocal commitment from Israel.
Hamas reiterated its call for the release of Palestinian prisoners, the end of the Gaza siege, and the provision of vital aid to residents.
South Africa temporarily withdrew its diplomats from Israel and shuttered its embassy in Tel Aviv shortly after the Hamas assault, saying that the Pretoria government was “extremely concerned at the continued killing of children and innocent civilians” in Gaza.
Last month, two Hamas officials — Bassem Naim, a member of the terrorist organization’s politburo, and Khaled Qaddoumi, its official representative in Iran — arrived in South Africa to attend a government-sponsored conference in solidarity with the Palestinians as well as ceremonies commemorating the 10th anniversary of the death of Nelson Mandela, the former South African president who led the ANC in its struggle against apartheid.
The post South African Jews Welcome ICJ Ruling on Israel’s Military Operation in Gaza first appeared on Algemeiner.com.
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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.
The post Herzog Confirms Behind-the-Scenes Negotiations with Hamas – Deal ‘Possible’ first appeared on Algemeiner.com.
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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.
The post The Voice of Jacob first appeared on Algemeiner.com.
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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.
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