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South Africa’s Genocide Suit Against Israel Threatens World Order
South Africa presented its opening arguments accusing Israel of “genocide,” last Thursday in the International Court of Justice (ICJ) at the Hague. Israel responded with its legal defense on Friday.
US Secretary of State Antony Blinken called the claim of genocide “meritless,” while other nations, such as Germany and the UK, described the claim as “unjustified” and “wrong.” Indeed, the IDF is extraordinarily careful to protect civilians, whereas Hamas (which is not subject to the ICJ) committed actual acts of genocide against Israelis as part of the October 7 massacre, a cruel irony that Blinken called “particularly galling.”
Unfortunately, the weakness of South Africa’s legal case is of little comfort, because their key objective is not to win the lawsuit, but to implement a one-sided “ceasefire” — which is something far more dangerous.
The “Convention on the Prevention and Punishment of the Crime of Genocide,” defines “genocide” (in summary) as the intent to destroy a group, coupled with specific acts in furtherance of that intent.
Accordingly, Hamas’ acts on October 7 legally constitute a “genocide” against Israel and the Jewish people. By contrast, Israel’s self defense does not remotely resemble a genocide, given the IDF’s herculean efforts to protect civilians in Gaza, and the incredibly small casualty numbers compared to other conflicts in the region, such as in Syria and Yemen. The Hamas-authored casualty figures that South Africa presented in court include combatants and civilians that Hamas itself has killed. The numbers also reflect Hamas’s use of human shields, and include many other inaccuracies, further weakening South Africa’s already flimsy case.
Accordingly, South Africa, which has close alliances with Russia, Iran, and Hamas, has focused its initial efforts not on winning the case but instead on attempting to secure an emergency order for a ceasefire, which could come as soon as this week. In a vacuum, a ceasefire might seem reasonable: it would seem to freeze hostilities while the parties fight in court instead of on the battlefield.
However, this case is deceptively different: the ICJ does not have jurisdiction over Hamas, as it does over Israel, because the internationally-designated terror group is not a signatory to the Convention. Therefore, the only kind of “ceasefire” the Court can order would be one-sided: Israel ceases, while Hamas fires.
During such a “ceasefire,” 136 Israeli hostages would remain in Hamas captivity, enduring (according to international intelligence) ongoing torture and rape; Hamas, which has pledged to repeat the October 7 massacre, would be free to re-arm, regroup, and carry out further attacks; and Israel would be legally prohibited from responding, even in self defense. In effect, Israel would become “army-less.”
To make its case, South Africa’s lawyers quoted a small niche of extreme outlier Israeli politicians and soldiers who made statements that, when viewed out of context, may be interpreted as “intent” to commit genocide. Israel responded that none of these statements constitute government policy, and that those who made them are not in decision making positions.
Indeed, a democracy with free speech will (and in fact should) produce a wide range of opinions, including ones counter to government policy and mainstream opinion. However, in order to secure a ceasefire order, South Africa need not show that these statements prove genocide, but only that they demonstrate the possibility of genocide. The ICJ’s panel of 15 judges include representatives from Russia, China, Lebanon, and other countries likely to be unfriendly to Israel, which further increases the likelihood that the Court may indeed order a one-sided and deadly “ceasefire.”
If carried out to its draconian conclusion, South Africa’s cunning ceasefire strategy, coupled with Hamas’ declared commitment to carry out further massacres, have the potential to produce possibly the greatest human tragedy in modern history: an entire series of October 7 style massacres, with Israel prohibited from acting in self defense, all with the cruel and ironic support of the very international laws that were intended to prevent such atrocities.
This begs the question: what if Israel simply disregards such an ICJ order in favor of defending its very survival?
In this case, the Court could recommend that the UN Security Council enforce crippling sanctions — not “BDS” style sanctions which are primarily PR stunts — but the kind of nation-eviscerating sanctions imposed in places like North Korea, Yugoslavia, and (ironically) apartheid-era South Africa.
Such measures could include cutting Israel off from energy markets, food supply, global trade, global financial systems, international travel, and more. Parallel procedures in other international bodies could produce international arrest warrants: not just for Israeli leadership but even for current and former IDF soldiers. (Norway, for example, has already begun steps in this direction.)
This apocalyptic sounding consequence begs yet another question: wouldn’t the United States veto any such resolution at the Security Council? The answer is not as certain as it seems. Based on Secretary Blinken’s statements, America would almost certainly veto a resolution that condemns Israel for genocide. However, if Israel were to violate a direct court order for a ceasefire, coupled with domestic and international public pressure and an upcoming US election, the answer becomes less clear. At the very least, ICJ enforcement measures constitute a risk that Israel must take seriously, even with likely US support.
These events are no mere show trial, but rather a carefully calculated attempt by Hamas, via its allies, to defeat Israel militarily by shutting down the IDF’s freedom of action. In doing so, Hamas and South Africa threaten the very institutions of international law.
Israel is subject to the ICJ because it signed the Convention, which did nothing to protect Israel on October 7, whereas Hamas is able to act with impunity precisely because it has not signed the Convention. Long term, this perversion of international law incentivizes all nations to withdraw from global institutions for their own protection, thus threatening the continued existence of international law itself.
Without international law and institutions, it would be more difficult to act against dangers such as Russia’s invasion of Ukraine, Iran’s pursuit of nuclear weapons, Myanmar’s Rohingya genocide, and more.
In short: Israel is fighting for its survival on two fronts: one is military, the other is legal and communications. An Israeli victory on both fronts is absolutely critical not only for the safety of Israel, but also the continued existence of international law, and the long-term security of the entire free world.
Daniel Pomerantz is an expert in international law, a lecturer at Reichman and Bar Ilan Universities in Israel, and the CEO of RealityCheck, an nonprofit NGO dedicated to clarifying global conversations with verifiable data. Daniel lives in Tel Aviv, Israel and can be found on Instagram at @danielspeaksup or at www.RealityCheckResearch.org.
The post South Africa’s Genocide Suit Against Israel Threatens World Order first appeared on Algemeiner.com.
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US House Passes ICC Sanctions Bill Following Netanyahu Arrest Warrant
The US House of Representatives on Thursday passed legislation that would sanction members of the International Criminal Court (ICC) over its issuing of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defense minister, Yoav Gallant.
The Illegitimate Court Counteraction Act (HR 23) calls for the warrants against the Israeli officials to be “condemned in the strongest possible terms,” labeling them as “illegitimate and baseless” actions that “create a damaging precedent that threatens the United States, Israel, and all United States partners who have not submitted to the ICC’s jurisdiction.”
The ICC has no jurisdiction over Israel as it is not a signatory to the Rome Statute, which established the court. Other countries including the US have similarly not signed the ICC charter. However, the ICC has asserted jurisdiction by accepting “Palestine” as a signatory in 2015, despite no such state being recognized under international law.
Beyond condemning the arrest warrants, the bill would also impose sanctions on any officials with the ICC, or entities supporting the court, who seek to investigate, arrest, detain, or prosecute “any protected person of the United States and its allies.”
The bill easily passed by a margin of 243-140. House Republicans overwhelmingly backed the bill, with 198 voting in favor, zero voting against, one voting “present,” and 20 abstaining from voting. House Democrats were more divided on the bill, with 45 voting in favor, 140 voting against, and 30 abstaining from voting.
The proposed sanctions would target individuals “directly engaged in or otherwise aided any effort by the ICC to investigate, arrest, detain, or prosecute a protected person.” In addition, the legislation would freeze assets and ban visas of sanctioned individuals and allow the sitting president to waive individual sanctions if the waiver is considered critical to US national security interests.
US Rep. Brian Mast (R-FL), a stalwart ally of Israel and co-sponsor of the bill, condemned the ICC on the floor of the House of Representatives.
“Israel is the tip of the spear in bringing the fight to an enemy that currently holds and has killed our fellow Americans,” said Mast, chair of the House Foreign Affairs Committee, referring to Israel’s military campaign against the Palestinian terrorist group Hamas.
Rep. Chip Roy (R-TX), another co-sponsor of the bill, lambasted the ICC for taking an “unprecedented action” against Israel, arguing that the court’s actions are undermining the Jewish state’s ability to defend itself against Hamas terrorism.
Roy decried the arrest warrants against Netanyahu and Gallant as a “politicized witch hunt” and claimed that the ICC “doesn’t have any jurisdiction” over the defensive military operations of the Jewish state.
Rep. Ritchie Torres (D-NY) issued a statement endorsing the bill.
“The ICC’s decision to issue arrest warrants against the leadership of Israel represents the weaponization of international law at its most egregious,” Torres said. “The ICC has set a precedent for criminalizing self-defense: any country daring to defend itself against an enemy that exploits civilians as human shields will face persecution posing as prosecution.”
Immediately after the vote, pro-Israel organizations issued statements applauding the House for advancing legislation to sanction the ICC.
The American Israel Public Affairs Committee (AIPAC), the foremost pro-Israel lobbying group in the US, praised the passage of HR 23.
“AIPAC commends the House for adopting the Illegitimate Court Counteraction Act, which imposes sanctions on foreign persons aiding the International Criminal Court’s (ICC) morally bankrupt and legally baseless attack against Israel,” AIPAC said in a statement.
The Republican Jewish Coalition (RJC) also celebrated the passage of the legislation, lauding Republican leadership in helping advance the bill through the House of Representatives.
“We thank [House Speaker Mike Johnson] and the [House Republican] majority for their leadership and prioritizing this critical legislation in week one of the 119th Congress,” the RJC wrote on X/Twitter.
In November, the ICC issued arrest warrants for Netanyahu, Gallant, and Hamas terror leader Ibrahim al-Masri (better known as Mohammed Deif) for alleged war crimes and crimes against humanity in the Gaza conflict. The ICC said there were reasonable grounds to believe Netanyahu and Gallant were criminally responsible for starvation in Gaza and the persecution of Palestinians — charges vehemently denied by Israel, which has provided significant humanitarian aid into the war-torn enclave throughout the war.
US and Israeli officials issued blistering condemnations of the ICC move, decrying the court for drawing a moral equivalence between Israel’s democratically elected leaders and the heads of Hamas, the Palestinian terrorist group that launched the ongoing war in Gaza with its massacre across southern Israel last Oct. 7.
The ICC’s chief prosecutor, Karim Khan, initially made his surprise demand for arrest warrants for Netanyahu and Gallant on the same day in May that he suddenly canceled a long-planned visit to both Gaza and Israel to collect evidence of alleged war crimes. The last-second cancellation infuriated US and British leaders, according to Reuters, which reported that the trip would have offered Israeli leaders a first opportunity to present their position and outline any action they were taking to respond to the war crime allegations.
Following the official issuing of arrest warrants in November, a slew of US lawmakers vowed to seek retribution against the ICC after President-elect Donald Trump takes office later this month.
Incoming US Senate Majority Leader John Thune (R-SD) has also threatened to push legislation imposing sanctions on the ICC if it does not halt its efforts to pursue arrest warrants against Israeli officials.
The post US House Passes ICC Sanctions Bill Following Netanyahu Arrest Warrant first appeared on Algemeiner.com.
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California College Sued for Punishing Jewish Professor Over Conversation on Israeli-Palestinian Conflict
A Jewish professor is suing the California College of the Arts (CCA) in San Francisco for allegedly violating her rights by punishing her because she disagreed with students about the Israeli-Palestinian conflict.
According to court documents shared with The Algemeiner by the Deborah Project, a legal nonprofit which defends the civil rights of Jewish educators, Professor Karen Fiss’s tribulations began on Oct. 23, 2023, when she exchanged remarks with several members of the terrorist-linked Students for Justice in Palestine (SJP) group who summoned her to an anti-Zionist display and asked that she support the campaign for a ceasefire in Gaza.
Fiss scanned their materials — which included a sign that proclaimed the anti-Israel genocidal slogan “From the river to the sea,” artwork, and quick response (QR) codes promoting their cause — and initiated a dialogue with the students, asking what the slogan meant and what news sources they read. Offended by Fiss’s signaling she was not an anti-Zionist, one of the students tore down the “from the river to the sea sign” and began arguing that reports of the Palestinian terrorist group Hamas’s atrocities in southern Israel on Oct. 7, 2023 were fabricated.
The conversation reached the fateful moment which precipitated Fiss’s lawsuit when one of the students, Maryiam Alwael, asserted that her knowledge of the Israeli-Palestinian conflict was superior because she was a native of Kuwait, to which Fiss responded by asking the student if she was aware of the Kuwaiti government’s expulsion of 300,000 Palestinians in 1991. Fiss then argued for a more nuanced narrative of the Middle Eastern conflict, noting that not all Middle Easterners are anti-Israel and many oppose Hamas and disapprove of Iran’s backing of it. She ended by counseling the young women to avoid ideological echo chambers. Alwael said she liked her own views.
While both sides made sharp points, the conversation remained civil, according to court documents. However, the students interpreted Fiss’s comments as an attack on their identities and filed a complaint which accused her of being “harassing and discriminatory.” With little due process, Fiss was ultimately found guilty of the allegation and forced to submit to a series of “diversity, equity, and inclusion” trainings — a form of political rehabilitation in which subjects are forced to denounce key values of Western civilization such as the meritocracy and the sovereignty of the individual.
In explaining its guilty verdict, the college accused Fiss of being culturally insensitive and imposing her “power” on the women, who are ethnic minorities of color. Fiss, it said, “began explaining the history of Alwael’s country to her,” and “caused the students to reasonably believe” that Fiss was “using [her] positional power as a professor to get the outcome [she] sought, which was for the students to agree with [her] point of view.”
The college reached these findings but declined to apply the same logic to an earlier complaint Fiss had filed about the Critical Ethnic Studies program’s issuing a statement — “DECOLONIZATION IS NOT A DINNER PARTY,” it said — which justified Hamas’s violence and implied that Jews are not indigenous to their own homeland. This is because, the Deborah Project says, CCA rules are in place to protect left-wing anti-Zionism and punish Jews who oppose it.
“Because Dr. Fiss’s beliefs do not align with the creed mandated and enforced by the college, she has suffered repeated and severe adverse treatment by CCA, which has dramatically impeded her ability to function as a scholar,” the Deborah Project said in its complaint. “As part of its policy of enforcing ideological conformity about Israel, CCA has threatened Dr. Fiss with dismissal for two reasons: (1) her refusal to comply with student demands to contact her congressional representatives to pressure Israel — a sovereign nation — to cease its military response to an ongoing threat; and (2) for respectfully challenging this monopolization of discourse and reaffirming the principles of open dialogue and open debate within CCA.”
According to Lori Lowenthal Marcus, legal director of the Deborah Project, the college ignored Fiss’s concerns about widespread support for Hamas’s atrocities in Israel last Oct. 7, arguing they were simply expressions of free speech.
“Karen Fiss, a fully-tenured professor at CCA was told that her pain, intimidation, and horror upon learning that a huge number of not only students at CCA but her fellow faculty members, the department chairs, and members of the administration not only justified, but supported the wanton rape, torture, and murder of her co-religionists on Oct. 7 was not problematic as far as CCA was concerned because those positions were protected by free speech,” Lowenthal Marcus told The Algemeiner.
She added that CCA “accorded no such academic freedom to Dr. Fiss, who was disciplined for a single conversation that all parties agree was civil.”
“For this actual exercise of academic freedom,” Lowenthal Marcus concluded, “CCA found that Dr. Fiss’s speech constituted harassment of the Kuwaiti student. It was also found to be bullying, on the theory that Dr. Fiss was found to have used her position as a faculty member to pressure the students to adopt Dr. Fiss’s view — when it is undisputed that, throughout the conversation, the students did not even know Dr. Fiss was a professor. For this, Dr. Fiss’s file was permanently marked, and she was warned that if such a thing were to occur again, Fiss would suffer additional punishment, up to and including termination.
Now, with her reputation blighted by scandal and the college threatening revoke her tenure, Fiss is fighting for both her right to exist as a proud Jew at work as well as her right to free speech. She is suing CCA for discriminating against her for being Jewish, a violation of Titles VI and VII of the Civil Rights Act of 1964, and breach of contract, offenses which caused her “substantial damages” and other trauma.
Follow Dion J. Pierre @DionJPierre.
The post California College Sued for Punishing Jewish Professor Over Conversation on Israeli-Palestinian Conflict first appeared on Algemeiner.com.
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Jewish Voice for Peace’s ‘Extremist’ Anti-Israel Agenda, Terror Group Ties Highlighted in Report
A pro-Israel nonprofit has published a new bombshell booklet detailing the inner workings and funding of Jewish Voice for Peace (JVP), a controversial and prominent anti-Zionist group that has helped organize widespread demonstrations against the Jewish state during the war in Gaza.
StandWithUs (SWU), an organization which promotes a mission of “supporting Israel and fighting antisemitism,” released the report examining how the far-left JVP — which defended the Palestinian terrorist group Hamas’s invasion of southern Israel last Oct. 7 — “promotes antisemitic conspiracy theories” and even partners with terrorist organizations to achieve its “primary goal” of “dismantling the State of Israel.”
According to the report, JVP weaponizes the plight of Palestinians to advance an “extremist” agenda which promotes the destruction of Israel and whitewashes terrorism, receiving money from organizations that have ties to Middle Eastern countries such as Iran.
“JVP and its allies slander and dehumanize Israelis as privileged, powerful, and racist white European colonizers,” the report says. “They promote dangerous conspiracy theories tying Israelis to injustices against various communities” around the world.
The booklet points out that JVP pushes a misleading history of Jewish presence in the Middle East, ignoring that Jews “faced systemic discrimination at best and brutal violence at worst under Muslim and Arab rule, until almost all of them fled or were expelled in the 20th century.” SWU also notes that JVP has routinely labeled Jews as “racist” for expressing fear about the prospect of living as minorities in Israel.
“JVP simply refuses to acknowledge that most Jews genuinely see efforts to eliminate the world’s only Jewish state as a form of hate,” the report reads.
In addition, the report alleges that JVP advances “antisemitic conspiracy theories,” such as the notion that American police are trained by Israeli forces. This narrative suggests that Israel exacerbates alleged police brutality in the United States through training law enforcement to brutalize black people. Prominent anti-Israel pundits such as Marc Lamont Hill and Linda Sarsour have cited this misleading information in various public statements.
StandWithUs also alleges that JVP harbors deep connections and support for international terrorist groups, highlighting JVP’s record of support for the Popular Front for the Liberation of Palestine (PFLP), an internationally designated terrorist organization with the stated goal of dismantling Israel and replacing it with a Palestinian state.
“JVP has campaigned in support of PFLP terrorists, hosted PFLP members at events, and partnered with groups that openly support PFLP and other terrorist organizations,” the report reads.
In addition, the report states that JVP has collaborated with anti-Israel entities such as Samidoun, which identifies itself as a “Palestinian prisoner solidarity network, to hold rallies. Samidoun described Hamas’s Oct. 7 atrocities in Israel as “a brave and heroic operation.” The United States and Canada each imposed sanctions on Samidoun in October, labeling the organization a “sham charity” and accusing it of fundraising for terrorist groups such as PFLP. The US Treasury Department said that PFLP “uses Samidoun to maintain fundraising operations in both Europe and North America.”
“Organizations like Samidoun masquerade as charitable actors that claim to provide humanitarian support to those in need, yet in reality divert funds for much-needed assistance to support terrorist groups,” Bradley Smith, the US Treasury Department’s acting under secretary for terrorism and financial intelligence, said in a statement at the time.
The SWU report also says that JVP has ties to “extremist” anti-Israel groups such as Within Our Lifetime (WOL) and the Palestinian Youth Movement (PYM). Leadership for these groups have repeatedly expressed support for violence against Israel and terrorist groups. JVP has worked alongside these groups to hold anti-Israel demonstrations and marches.
According to the new report, JVP has received substantial financial assistance from organizations tied to Lebanon and Iran. For example, the Maximum Difference Foundation, which has been accused of maintaining ties with Iran’s Islamic Revolutionary Guard Corps (IRGC), an internationally designated terrorist organization, donated $65,000 to JVP.
JVP has also received hundreds of thousands of dollars from the Rockefeller Brothers Fund, which according to SWU has funded other anti-Israel organizations, including Palestinian organizations linked with the PFLP.
The report additionally noted that JVP received $200,000 from The Quitiplas Foundation, which has allegedly donated to other organizations connected to Samidoun.
“JVP’s harmful rhetoric and alliances make it clear they are not a voice for peace,” StandWithUs CEO Roz Rothstein said in a statement accompanying the report’s release. “This organization fuels hate and shields extremists from accountability while doing nothing to bring about peaceful coexistence.”
“To help fight rising antisemitism, the public, media, and leaders across our society must finally recognize JVP’s dangerous agenda and reject it,” she said.
The Algemeiner has previously reported that JVP argued in a recently resurfaced 2021 booklet that Jews should not write Hebrew liturgy because hearing the language would be “deeply traumatizing” to Palestinians.
In June, the Anti-Defamation League (ADL) filed a complaint with the US Federal Election Commission accusing JVP’s political fundraising arm of misrepresenting its spending and receiving unlawful donations from corporate entities, citing “discrepancies” in the organization’s income and expense reports.
The post Jewish Voice for Peace’s ‘Extremist’ Anti-Israel Agenda, Terror Group Ties Highlighted in Report first appeared on Algemeiner.com.
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