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South Africa’s Genocide Suit Against Israel Threatens World Order
Supporters of Hamas demonstrating outside the International Court of Justice in The Hague, Netherlands. Photo: Reuters/Jehad Shelbak
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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Maccabi Tel Aviv Plays Soccer Game in Empty Hungarian Stadium Amid Security Concerns After Amsterdam Violence
Soccer Football – Europa League – Besiktas v Maccabi Tel Aviv – Nagyerdei Stadion, Debrecen, Hungary – November 28, 2024 General view before the match as the teams and match officials line up. Photo: Reuters/Bernadett Szabo
The Israeli soccer team Maccabi Tel Aviv played a UEFA Europa League match on Thursday against their Turkish rivals Besiktas in an empty stadium in Hungary, which was closed to supporters likely due to security concerns following the recent attack on Israeli soccer fans in Amsterdam.
Maccabi won the match 3-1 in the Nagyerdei Stadium in Debrecen, Hungary, during the fifth week of the UEFA Europa League. Gavriel Kanichowsky secured Israel’s lead in the 23rd minute with a goal, but Besiktas struck back in the 38th minute with a goal by Rafa Silva to tie the score. Maccabi Tel Aviv took the lead again right before halftime by scoring another goal in added time. The Israeli club finished 3-1 with Weslley Patati’s goal in the 81st minute.
Groups of police patrolled outside the venue and the game concluded with no incident, according to the Associated Press.
On Nov. 11, days after the attack against Maccabi Tel Aviv fans in Amsterdam, the European soccer body UEFA announced that this week’s match between Maccabi Tel Aviv and Besiktas, which was originally scheduled to take place in Istanbul, would be moved to Hungary “following a decision by the Turkish authorities not to stage it in Turkey.” Hungary, which has hosted several home games for Israel’s national soccer team since the start of the Israel-Hamas war last year, agreed to host the match and UEFA said it “will be played behind closed doors following a decision of the local Hungarian authorities.”
Maccabi Tel Aviv coach Zarko Lazetic said after Thursday’s match that playing in front of an empty stadium was hard for the team. “We play football because of the fans, to give them some pleasure, some excite(ment) and to be together,” he explained, as reported by the AP.
The match on Thursday was Maccabi Tel Aviv’s first game in Europe since its fans were violently attacked in The Netherlands during the late hours of Nov. 7 and into the early hours of the following morning. After the team competed against the Dutch club Ajax in a UEFA Europa League game in Amsterdam, anti-Israel gangs chased Israeli fans of Maccabi Tel Aviv through the streets of Amsterdam, ran them over with cars, physically assaulted them, and taunted Israeli soccer fans with anti-Israel and pro-Palestinian slogans such as “Free Palestine.” Five people were reportedly hospitalized for injuries.
Leaders in Israel and Europe condemned the premeditated and coordinated attack as antisemitic. Amsterdam’s mayor called the attackers “antisemitic hit-and-run squads” and said the assailants were going “Jew hunting.” Police in Amsterdam said they have already identified, investigated, and even arrested 45 suspects in connection to the incident.
The post Maccabi Tel Aviv Plays Soccer Game in Empty Hungarian Stadium Amid Security Concerns After Amsterdam Violence first appeared on Algemeiner.com.
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Preacher Slammed for ‘Appalling’ Remarks at Irish Memorial, Accusing Israel of Viewing Itself as a ‘Master Race’
A man walks past graffiti reading ‘Victory to Palestine’ after Ireland has announced it will recognize a Palestinian state, in Dublin, Ireland, May 22, 2024. Photo: REUTERS/Hannah McKay
An Irish cleric has come under fire for delivering an antisemitic memorial sermon in which he suggested that Israelis and Jews see themselves as a “master race” that justifies “eliminating” other groups “because they don’t count.”
Reverend Canon David Oxley delivered the sermon last week at St. Patrick’s Cathedral in Dublin during a Remembrance Sunday service attended by Irish President Michael Higgins and other high-ranking dignitaries.
Ironically, Oxley had previously revealed familial ties to the Nazis in a sermon delivered at the same event five years ago.
In last week’s remarks, Oxley contended that Israel’s war against the Hamas terrorist group in Gaza represented “the horrible blasphemy of the master race in action.”
“This takes different forms in different times and places, but it is the same horrible idea, that one group of people is intrinsically more valuable than any other. Once that is accepted, then the elimination of others follows as a matter of course — because they don’t count,” he said.
Oxley’s comments sparked strong condemnation from both Israeli officials and Jewish leaders in Ireland.
Israel’s embassy in Ireland said Oxley had “hijacked” the memorial service in favor of an “outrageous and dangerous … libel on the State of Israel.”
The statement published on X also said the diatribe was “divorced from reality” and “willfully ignored the complexities of the Middle East.”
Ireland’s Chief Rabbi Yoni Wieder condemned the Anglican establishment for allowing such remarks, saying it was “an abrogation of moral and religious leadership that such a speech could be delivered by a representative of the Church of Ireland.”
“This type of inflammatory, hateful rhetoric has been used by politicians here countless times over the past year, and we’ve seen it constantly across mainstream Irish media. Now it’s gone beyond politics and journalism and is coming from a senior religious figure, a minister in a Christian Church,” Wieder told The Algemeiner.
“The anti-Israel narrative in Ireland now regularly spills over into overt antisemitism,” he added.
In an open letter addressed to Oxley, Wieder condemned the preacher’s “appalling” accusations.
“You fail to grasp the depth of offense invoked by suggesting that Jewish people have adopted the same murderous outlook that was perpetuated against them by the Nazis,” Wieder wrote.
He also slammed the Anglican cleric’s failure to make any mention of the threats posed by the Hamas and Hezbollah terrorist groups, which “are explicitly committed to destroying Israel and murdering Jews.”
“You claim Israel has a policy of targeting schools, hospitals, and mosques, yet you fail to mention that Hamas purposefully positions itself within and beneath such civilian infrastructure — and they do so precisely because they know it will deter attacks against them. Hamas have openly stated that it is their strategy to place civilians in harm’s way,” the chief rabbi continued.
Wieder called the destruction in Gaza as well as the loss of life “an unbearable humanitarian catastrophe.”
“You and I are united by a desire to see an end to this heartbreaking tragedy. But the situation is also fraught with complexities, which cannot be ignored. Would it not be more honest to acknowledge this, rather than to proffer an simplistic and partisan perspective?” he wrote.
During a 2019 address at the same event, Oxley reportedly disclosed his wife’s ties to the Nazis, according to a report published this week by the British Jewish Chronicle, which cited an article published at the time in the Irish Independent.
In that sermon, also delivered in the presence of the Irish president, Oxley shared that his wife, Amalia, was German and that her family included members who fought for the Third Reich.
“It’s not everyone who can boast that their mother-in-law had Adolf Hitler as a godfather. It’s not everyone who would want to,” he quipped, before going on to praise the Irish citizens who opposed Nazism.
Oxley told the Jewish Chronicle that his comments, which did not represent the Church of Ireland, contained “no hatred” and he stood by them.
“In delivering my sermon, I speak only for myself. I do not speak on behalf of the Church of Ireland, or of St Patrick’s Cathedral. As our church does not believe in infallibility, it is quite conceivable that I am mistaken. No one is obliged to agree with me. However, I am prepared to stand over my remarks,” he said.
“There was no hatred in my sermon, except a hatred of all theories that make one group of people more valuable than another, so that some become expendable,” Oxley added.
A 2021 report by antisemitism researcher David Collier found that traditional Christian attitudes play a significant role in shaping antisemitism in Ireland, with Christian NGOs often playing a role in perpetuating and spreading these sentiments.
“[M]uch of the antisemitism in Ireland appears to be driven from the top down. Regrettably, this certainly seems to be the state of affairs at the moment. Words carry weight, and political and religious leaders in particular ought to remember this,” Wieder said.
He also condemned the Church of Ireland for not distancing itself from Oxley’s comments.
A spokesperson from St Patrick’s Cathedral told the Jewish Chronicle: “In St Patrick’s Cathedral we continue to pray daily for peace in all the countries of the Middle East. We pray fervently for an end to all wars and the human suffering that they bring. Everybody, of all faiths, is welcomed in St Patrick’s Cathedral.”
In Europe, Ireland has been among the fiercest critics of Israel since Oct. 7 of last year, when Hamas-led Palestinian terrorists invaded the Jewish state from neighboring Gaza. The terrorists murdered 1,200 people, wounded thousands more, and abducted over 250 hostages in their rampage, the deadliest single-day massacre of Jews since the Holocaust. Israel responded with an ongoing military campaign in Hamas-ruled Gaza aimed at freeing the hostages and dismantling the terrorist group’s military and governing capabilities.
Earlier this month, the Irish parliament passed a non-binding motion saying that “genocide is being perpetrated before our eyes by Israel in Gaza.” As the measure passed, Irish Foreign Minister Micheal Martin said that the government intended to join South Africa’s genocide case against Israel at the International Court of Justice (ICJ) before the end of the year.
Around the same time, Ireland accepted the appointment of a full Palestinian ambassador for the first time, confirming that Jilan Wahba Abdalmajid would step up from her current position as Palestinian head of mission to Ireland.
In May, Ireland officially recognized a Palestinian state, prompting outrage in Israel, which described the move as a “reward for terrorism.” According to The Irish Times, Ireland is due to have its presence in Ramallah in the West Bank upgraded from a representative office to a full embassy.
Israel’s Ambassador in Dublin Dana Erlich said at the time of Ireland’s recognition of “Palestine” that Ireland was “not an honest broker” in the Israeli-Palestinian conflict.
More recently, Irish Prime Minister Simon Harris last month called on the European Union to “review its trade relations” with Israel after the Israeli parliament passed legislation banning the activities in the country of UNRWA, the United Nations agency responsible for Palestinian refugees, because of its ties to Hamas.
Recent anti-Israel actions in Ireland came shortly after the Institute for Monitoring Peace and Cultural Tolerance in School Education (Impact-se), an Israeli education watchdog group, released a new report revealing Irish school textbooks have been filled with negative stereotypes and distortions of Israel, Judaism, and Jewish history.
Antisemitism in Ireland has become “blatant and obvious” in the wake of Hamas’s Oct. 7 onslaught, according to Alan Shatter, a former member of parliament who served in the Irish cabinet between 2011 and 2014 as Minister for Justice, Equality and Defense.
Shatter told The Algemeiner in an interview earlier this year that Ireland has “evolved into the most hostile state towards Israel in the entire EU.”
Just last month, an Irish official, Dublin City Councilor Punam Rane, claimed during a council meeting that Jews and Israel control the US economy, arguing that is why Washington, DC does not oppose Israel’s war against Hamas.
The post Preacher Slammed for ‘Appalling’ Remarks at Irish Memorial, Accusing Israel of Viewing Itself as a ‘Master Race’ first appeared on Algemeiner.com.
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Candace Owens Barred From New Zealand After Facing Similar Ban From Australia for Comments on Jews, Holocaust
Right-wing political commentator Candace Owens speaks during an event held by national conservative political movement ‘Turning Point’, in Detroit, Michigan, US, June, 14, 2024. Photo: REUTERS/Rebecca Cook
Right-wing American political commentator and YouTube content creator Candace Owens has been denied a visa to enter New Zealand because she was banned from the nearby country Australia, immigration officials reportedly said on Thursday.
Owens was scheduled to embark on her first speaking tour across Australia and New Zealand in February and March of next year. The tour includes a stop in Auckland, New Zealand, on Feb. 28 and tickets remain on sale online.
Australia rejected her request for a visa last month. Australian Immigration Minister Tony Burke said the decision was made because of Owens’s past remarks, including her apparent denial that Nazis forcibly did medical experiments on Jews in concentration camps during World War II.
“From downplaying the impact of the Holocaust with comments about [Nazi doctor and war criminal Josef] Mengele through to claims that Muslims started slavery, Candace Owens has the capacity to incite discord in almost every direction,” Burke said at the time. “Australia’s national interest is best served when Candace Owens is somewhere else.
Jock Gilray, a spokesperson for New Zealand’s immigration agency, said on Thursday that Owens was refused an entertainer’s work permit for New Zealand because visas legally cannot be granted to someone who have been banned from another country, The Associated Press reported on Thursday. New Zealand officials did not refer to Owens’s past comments when announcing the denial of her visa.
Owens and the Australia-based promoter behind her speaking tour, Rocksman, have yet to comment on news regarding the ban from New Zealand but said in October that they will file a legal appeal to a federal judge in response to the ban from Australia. Owens commented on Burke’s decision to deny her a visa for Australia and blamed it partially on the alleged influence of the global “Zionist media empire.”
Owens, who has over 3 million subscribers on YouTube and hosts the podcast titled “Candace,” has promoted conspiracy theories and made numerous antisemitic comments about Israel, Jews, Zionists, and the Holocaust. She has also made controversial comments against Black Lives Matter, feminism, vaccines, and immigration.
The post Candace Owens Barred From New Zealand After Facing Similar Ban From Australia for Comments on Jews, Holocaust first appeared on Algemeiner.com.
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