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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.
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Twitter AI’s Spree of Antisemitic Answers Provokes European Union Meeting as US Military Signs Deal With Company
European Union flags flutter outside the EU Commission headquarters in Brussels, Belgium, on June 17, 2022. Photo: Reuters/Yves Herman
Following an update earlier this month to xAI’s Grok chatbot which resulted in a wave of antisemitic and pro-Hitler responses to users on X/Twitter, the European Commission summoned representatives from billionaire Elon Musk’s artificial intelligence company to a Tuesday meeting to explain themselves.
The move comes after Italian parliament member Sandro Gozi urged for the Commission to begin a formal inquiry, as “the case raises serious concerns about compliance with the Digital Services Act (DSA) as well as the governance of generative AI in the Union’s digital space.”
Poland’s Minister of Digital Affairs Krzysztof Gawkowski had also called for the Commission to take action and said that the Polish government would consider banning the app.
Due to the size of the X platform, the site falls under the European Union’s DSA which requires transparency about operations. Musk’s app already faces multiple investigations by the Commission.
On Wednesday, following the initial antisemitic statements from Grok, X’s Linda Yaccarino, the company’s CEO, announced her resignation.
On Monday, xAI announced a $200 million deal to provide Grok to the US military. The company stated that “under the umbrella of Grok For Government, we will be bringing all of our world-class AI tools to federal, local, state, and national security customers.” Customers in the plan could “use the Grok family of products to accelerate America – from making everyday government services faster and more efficient to using AI to address unsolved problems in fundamental science and technology.”
The Pentagon also announced on Monday other AI companies would receive contracts, including Anthropic, Google and OpenAI.
Douglas Matty, chief digital and AI officer at the Defense Department, said that “leveraging commercially available solutions into an integrated capabilities approach will accelerate the use of advanced AI as part of our Joint mission essential tasks in our warfighting domain as well as intelligence, business, and enterprise information systems.”
Also on Monday, Musk unveiled a new release to the AI capabilities on X. The Companions feature will allow users to interact with cartoon characters, including a mischievous fox and an anime-style goth girl named Ani.
On Tuesday, xAI put out a statement explaining that it had “spotted a couple of issues with Grok 4 recently that we immediately investigated & mitigated.” The company said it had “tweaked the prompts and have shared the details on GitHub for transparency. We are actively monitoring and will implement further adjustments as needed.”
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Jewish Synagogue, Holocaust Memorial Vandalized in Poland After Politician Denies Holocaust
An antisemitic slur spray-painted on the ruins of a former synagogue in Dukla, Poland. Photo: World Jewish Restitution Organization
Two Jewish sites in Dukla, Poland, were vandalized over the weekend mere days after Polish member of the European Parliament (MEP) Grzegorz Braun claimed gas chambers at the former Auschwitz-Birkenau concentration camp were fake and repeated an antisemitic blood libel in a live radio interview.
Vandals spray-painted the word “F–k” followed by a Star of David on the ruins of a former synagogue that was destroyed by the Nazis during the Holocaust, and a memorial commemorating Holocaust victims located at the entrance of the Jewish cemetery in Dukla was defaced with a swastika and the word “Palestine,” according to the World Jewish Restitution Organization (WJRO). The memorial honors Jews of Dukla and the surrounding areas who were murdered by Nazis during the Holocaust.
The two Jewish sites in Dukla are cared for by the Foundation for the Preservation of Jewish Heritage in Poland (FODZ), which was established in 2002 by the Union of Jewish Communities in Poland and the WJRO to protect and commemorate Poland’s Jewish heritage sites.
“These hateful acts are not only antisemitic, but they are also attempts to erase Jewish history and desecrate memory,” said WJRO President Gideon Taylor in a released statement on Tuesday. “Polish authorities must take swift and serious action to identify the perpetrators and ensure the protection of Jewish heritage sites in Dukla and across the country.”
“The vandalism of Jewish sites in Dukla—with swastikas and anti-Israel slurs—is not an isolated act,” insisted Jack Simony, director general of the Auschwitz Jewish Center Foundation (AJCF), in a statement to The Algemeiner. The nonprofit focuses on preserving the memory of the Jewish community in Oświęcim (Auschwitz) and maintains the Auschwitz Jewish Center, the last remaining synagogue in town.
“While we cannot say definitively that it [the vandalism] was sparked by Grzegorz Braun’s Holocaust denial, his rhetoric contributes to an atmosphere where hatred is emboldened and truth is under assault,” added Simony. “Braun’s lies are not harmless — they are dangerous. Holocaust denial fuels antisemitism and, too often, violence. This is why Holocaust education matters … because when we fail to confront lies, we invite their consequences. Memory must be defended, not only for the sake of the past, but for the safety of our future.”
On July 10, a ceremony was held commemorating the 84th anniversary of the 1941 Jedwabne massacre, when hundreds of Polish Jews were massacred – mostly by their neighbors – in the northeastern town in German-occupied Poland. The ceremony was attended by dignitaries and faith leaders including Poland’s Chief Rabbi Michael Schudrich and Israeli Deputy Ambassador Bosmat Baruch. Groups of anti-Israel and far-right activists — including MEP Braun and his supporters – tried to disrupt the event by holding banners with antisemitic slogans and blocking the vehicles of the attendees, according to Polish radio.
Hours later, during a live radio broadcast, Braun falsely claimed the Auschwitz gas chambers were “a lie” and the Auschwitz-Birkenau Memorial and Museum was promoting “pseudo-history.” He also claimed that Jewish “ritual murder is a fact.” Polish prosecutors launched an investigation into Braun’s comments, they announced that same day. Under Article 55 of the Act on the Institute of National Remembrance (IPN), Holocaust denial is a criminal offense in Poland.
The Auschwitz-Birkenau Memorial and Museum issued a swift condemnation of Braun’s remarks and said it intents to pursue legal action. The Institute of National Remembrance — which is the largest research, educational and archival institution in Poland – also denounced Braun’s remarks, saying there is “well-documented” evidence supporting the existence of gas chambers. His comments were also condemned by the Embassy of Israel in Poland, Polish Foreign Minister Radosław Sikorski and the US Embassy in Warsaw, which said that his actions “distort history, desecrate memory, or spread antisemitism.” AJCF called on the European Parliament to consider disciplinary measures against Braun, including potential censure or expulsion.
Auschwitz Jewish Center Director Tomek Kuncewicz said Braun’s comments are “an act of violence against truth, against survivors, and against the legacy of our shared humanity.” AJCF Chairman Simon Bergson called the politician’s remarks “blatant and baseless lies,” while Simony described them as “a calculated act of antisemitic incitement” that “must be met with legal consequences and universal moral condemnation.”
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Coalition of 400 Jewish Orgs and Synagogues Urge Teachers Union to Reverse Decision Cutting Ties with ADL
Anti-Defamation League CEO Jonathan Greenblatt. Photo Credit: ADL.
Following a vote by the National Education Association (NEA) on July 6 to end its relationship with the Anti-Defamation League (ADL), 400 Jewish communal groups, education organizations, and religious institutions have come together to call for the influential teachers union to change course.
“We are writing to express our deep concerns about the growing level of antisemitic activity within teachers’ unions, particularly since the Hamas terrorist attacks in Israel on October 7, 2023,” the letter to NEA President Becky Pringle stated. “Passage of New Business Item (NBI) 39 at the National Education Association (NEA) Representative Assembly this past weekend, which shockingly calls for the boycott of the Anti-Defamation League, is just the latest example of open hostility toward Jewish educators, students and families coming from national and local teachers’ unions and their members.”
In addition to the ADL, signatories of the letter included American Jewish Committee (AJC), Conference of Presidents of Major American Jewish Organizations, Jewish Federations of North America, #EndJewHatred, American Jewish Congress, B’nai B’rith International, CAMERA (Committee for Accuracy in Middle East Reporting & Analysis), Combat Antisemitism Movement, Democratic Majority for Israel, StandWithUs, Simon Wiesenthal Center, Zioness Movement, and Zionist Organization of America (ZOA).
The group told Pringle that “we have heard directly from NEA members who have shared their experiences ranging from explicit and implicit antisemitism within the union to a broader pattern of insensitivity toward legitimate concerns of Jewish members – including at the recently concluded Representative Assembly. We are also deeply troubled by a broader pattern of union activity over the past 20 months that has targeted or alienated Jewish members and the wider Jewish community.”
The letter to Pringle included an addendum providing examples of objectionable rhetoric. These named such incidents as the Oakland Education Association (OEA) putting out a statement calling for “an end to the occupation of Palestine” and the Massachusetts Teachers Association (MTA) accusing Israel of genocide.
The coalition of 400 organizations urged the NEA to “take immediate action” and suggested such steps as rejecting NBI 39, issuing a “strong condemnation” of antisemitism within the union, drafting a plan to counter ongoing antisemitism in affiliate chapters, and opposing “any effort to use an educator’s support for the existence of Israel as a means to attack their identity.”
ADL CEO and National Director Jonathan Greenblatt wrote on X that “Excluding @ADL’s educational resources from schools is not just an attack on our org, but on the entire Jewish community. We urge the @NEAToday Executive Committee to reverse this biased, fringe effort and reaffirm its commitment to supporting all Jewish students and educators.”
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