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Unable to Destroy Israel Militarily, Its Enemies Resort to Lawfare
An exterior view of the International Criminal Court in the Hague, Netherlands, March 31, 2021. Photo: REUTERS/Piroschka van de Wouw
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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Treasure Trove spotlights a menorah designed in the early years of the State of Israel
This laurel branch Hanukkah menorah, designed by artist Maurice Ascalon (1913-2003), won first prize at the 1950 Tel Aviv Design Competition. Between 2,000 and 4,000 of these were made by the Pal-Bell factory in Israel, and they were sold not only in Israel but in select department stores around the world, including Macy’s in New York and Harrods in London.
The shape of the oil containers resembles ancient Roman lamps, while the large pitcher is a reference to the single jug of oil that lasted for eight days that is at the heart of the Hanukkah story.
These hanukkiyot were manufactured out of cast bronze with a green patina that was created using reactive chemicals, a process developed by Ascalon, resulting in an antique verdigris look.
Ascalon, who was born in Hungary and originally named Moshe Klein, immigrated to Palestine in 1934 after training in Brussels and Milan. He started the Pal-Bell Company in the late 1930s for the production of ritual and secular decorative items. “Pal” is short for Palestine and “Bell” is short for bellezza, Italian for beauty and an allusion to his time in Milan where the artist learned and perfected his sculpting skills. During Israel’s War of Independence in 1948, Ascalon designed munitions for the Israeli army and, at the request of the Israeli government, retrofitted his factory to produce arms for the war effort.
Ascalon closed Pal-Bell and moved to the United States in 1956, where he taught sculpture at the University of Judaism in Los Angeles and opened Ascalon Studios, which produces large-scale sculptures for public spaces and houses of worship.
The studio, which is now run by Ascalon’s son David and his grandson Eric, was retooled during the COVID pandemic to manufacture safety boxes that allowed health-care workers to assist a patient on a ventilator while minimizing exposure.
Treasure Trove wishes you a happy Hanukkah , which starts on Dec. 25. This year, as Peter, Paul and Mary sang, “Light one candle for the terrible sacrifice, justice and freedom demand. Don’t let the light go out!”
The post Treasure Trove spotlights a menorah designed in the early years of the State of Israel appeared first on The Canadian Jewish News.
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Germany: 5 Killed, Scores Wounded after Saudi Man Plows Car Into Christmas crowd
Magdeburg Christmas market, December 21, 2024. Photo: REUTERS/Christian Mang
i24 News – A suspected terrorist plowed a vehicle into a crowd at a Christmas market in the German city of Magdeburg, west of the capital Berlin, killing at least five and injuring dozens more.
Local police confirmed that the suspect was a Saudi national born in 1974 and acting alone.
German Chancellor Olaf Scholz expressed his concern about the incident, saying that “reports from Magdeburg suggest something bad. My thoughts are with the victims and their families.”
Police declined to give casualty numbers, confirming only a large-scale operation at the market, where people had gathered to celebrate in the days leading up to the Christmas holidays.
The post Germany: 5 Killed, Scores Wounded after Saudi Man Plows Car Into Christmas crowd first appeared on Algemeiner.com.
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Syria’s New Rulers Name HTS Commander as Defense Minister
A person waves a flag adopted by the new Syrian rulers, as people gather during a celebration called by Hayat Tahrir al-Sham (HTS) near the Umayyad Mosque, after the ousting of Syria’s Bashar al-Assad, in Damascus, Syria, Photo: December 20, 2024. REUTERS/Ammar Awad/File Photo
Syria’s new rulers have appointed Murhaf Abu Qasra, a leading figure in the insurgency which toppled Bashar al-Assad, as defense minister in the interim government, an official source said on Saturday.
Abu Qasra, who is also known by the nom de guerre Abu Hassan 600, is a senior figure in the Islamist Hayat Tahrir al-Sham (HTS) group which led the campaign that ousted Assad this month. He led numerous military operations during Syria’s revolution, the source said.
Syria’s de facto leader Ahmed al-Sharaa discussed “the form of the military institution in the new Syria” during a meeting with armed factions on Saturday, state news agency SANA reported.
Abu Qasra during the meeting sat next to Sharaa, also known by the nom de guerre Abu Mohammed al-Golani, photos published by SANA showed.
Prime Minister Mohammed al-Bashir said this week that the defense ministry would be restructured using former rebel factions and officers who defected from Assad’s army.
Bashir, who formerly led an HTS-affiliated administration in the northwestern province of Idlib, has said he will lead a three-month transitional government. The new administration has not declared plans for what will happen after that.
Earlier on Saturday, the ruling General Command named Asaad Hassan al-Shibani as foreign minister, SANA said. A source in the new administration told Reuters that this step “comes in response to the aspirations of the Syrian people to establish international relations that bring peace and stability.”
Shibani, a 37-year-old graduate of Damascus University, previously led the political department of the rebels’ Idlib government, the General Command said.
Sharaa’s group was part of al Qaeda until he broke ties in 2016. It had been confined to Idlib for years until going on the offensive in late November, sweeping through the cities of western Syria and into Damascus as the army melted away.
Sharaa has met with a number of international envoys this week. He has said his primary focus is on reconstruction and achieving economic development and that he is not interested in engaging in any new conflicts.
Syrian rebels seized control of Damascus on Dec. 8, forcing Assad to flee after more than 13 years of civil war and ending his family’s decades-long rule.
Washington designated Sharaa a terrorist in 2013, saying al Qaeda in Iraq had tasked him with overthrowing Assad’s rule and establishing Islamic sharia law in Syria. US officials said on Friday that Washington would remove a $10 million bounty on his head.
The war has killed hundreds of thousands of people, caused one of the biggest refugee crises of modern times and left cities bombed to rubble and the economy hollowed out by global sanctions.
The post Syria’s New Rulers Name HTS Commander as Defense Minister first appeared on Algemeiner.com.