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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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Mike Johnson, Chuck Schumer Invite Israeli Hostages and Their Parents to Trump Speech to Congress
US Speaker of the House Mike Johnson stands in the House of Representatives ahead of US President Joe Biden’s third State of the Union address to a joint session of Congress in the US Capitol in Washington, DC, March 7, 2024. Photo: Shawn Thew/Pool via REUTERS
US congressional leaders Chuck Schumer (D-NY) and Mike Johnson (R-LA) have invited some of the Israeli hostages kidnapped by Hamas terrorists on Oct. 7, 2023, and their parents to attend President Donald Trump’s address to a joint session of Congress on Tuesday night.
Former hostage Noa Argamani has reportedly accepted the invitation of Johnson, the speaker of the House of Representatives, to attend Trump’s speech. Likewise, Orna Neutra and Ruby Chen, the parents of murdered hostages Omer Neutra and Itay Chen, will attend as guests of Schumer, the Senate’s minority leader.
Johnson said that he feels “honored” that Argamani will attend the US president’s joint address to Congress. The Speaker of the House lauded Argamani for displaying “incredible strength and courage” while being held captive by the Hamas terrorist group in Gaza.
In his statement, Schumer lamented the “vicious cruelty of Hamas,” saying he was inspired by the “perseverance” of both Neutra and Chen.
“I am honored that Noa Argamani will be joining us at President Trump’s joint address to Congress,” Johnson told the New York Post. “Despite experiencing the unimaginable in the hands of Hamas, Noa has demonstrated incredible strength and courage.”
Separately, a group of seven hostages saved from Hamas captivity — Eli Sharabi, Doron Steinbrecher, Keith Siegel, Aviva Siegel, Naama Levy, Omer Shem Tov, and Iair Horn — are expected to visit Washington, DC to meet with Trump administration officials and thank the president for helping to secure their release. In addition, the former hostages are expected to detail their experiences while living in Gaza and push for the release of the remaining hostages.
Israeli Prime Minister Benjamin Netanyahu lauded Sharabi’s resilience and encouraged him to relay his story to Trump.
“I deeply appreciate the courageous way you are sharing your experience, and it is also important that you share it with President Trump,” Netanyahu said on Sunday. “Our goal is to bring all the hostages home – and we will not relent for a moment.”
Hamas-led Palestinian terrorists started the war in Gaza when they murdered 1,200 people and kidnapped 251 hostages during their invasion of southern Israel on Oct. 7, 2023. Israel responded with a military campaign aimed at freeing the hostages and dismantling Hamas’s military and governing capabilities in the neighboring enclave. The conflict raged for nearly 16 months until both sides agreed to January’s ceasefire and hostage-release deal, the first phase of which lasted six weeks.
Negotiations are underway to possibly extend the ceasefire.
Netanyahu announced on Sunday that Israel would block all aid into Gaza after the Hamas terrorist group rejected a six-week extension of the current agreement. The proposal would mandate that Hamas release half of the remaining Israeli hostages who were kidnapped into Gaza during the beginning of the extension. The rest of the hostages would be released at the end of the extension, if Hamas and Israel can agree on a permanent ceasefire deal. Israel would retain the right to restart the war in Gaza if negotiations are unsuccessful by the 42-day mark.
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Israel Begins Leadership of International Holocaust Remembrance Alliance
Yad Vashem Chairman Dani Dayan speaks to the European Jewish Association symposium audience in the Conference Center of Hilton hotel in Krakow, Poland on Jan. 22, 2024. Photo: Dominika Zarzycka/Sipa USA via Reuters Connect
Israel this week assumed the presidency of the International Holocaust Remembrance Alliance (IHRA), an intergovernmental organization comprising dozens of countries dedicated to combating antisemitism and promoting Holocaust research and education.
Dani Dayan — chairman of Yad Vashem, Israel’s national memorial to the Holocaust in Jerusalem — will represent the Jewish state as chair of IHRA.
“We are at a crossroads of generations, and the responsibility of preserving the memory and sharing the stories of the Holocaust will soon rest solely on our shoulders. The voices of victims and survivors demand that we honor their legacy by standing firm against Holocaust denial, distortion, and hatred,” Dayan said in a statement. “In a world witnessing a dramatic rise in antisemitism and grappling with the challenges and opportunities of emerging technologies, our obligation to historical truth has never been more critical.”
Israel’s presidency of IHRA began on Monday and will run through February 2026.
“The antisemitism that resulted in the Holocaust has not been eradicated from the world. On the contrary, over the past year and a half, we have witnessed it intensifying dramatically, targeting both the Jewish people and the Jewish state,” Israeli Foreign Minister Giden Sa’ar added in his own statement, referring to the historic surge in antisemitic incidents around the world since Hamas’s Oct. 7, 2023, invasion of southern Israel.
“The new antisemites attack Israel’s right to exist and its right to defend itself,” Sa’ar continued. “It is our duty not only to remember the Holocaust but also to ensure the existence of the Jewish state, which serves as the guarantee of Jewish continuity for generations to come, while also preserving and passing on the memory of the Holocaust to future generations.”
US Secretary of State Marco Rubio welcomed Israel as the new president of IHRA.
“Today the United States warmly welcomes the start of Israel’s year-long presidency of the International Holocaust Remembrance Alliance (IHRA), which is committed to supporting accurate Holocaust commemoration, education, and research,” Rubio said in a press statement. “We also congratulate the United Kingdom on its completion of a highly successful presidency.”
Rubio added, “The United States will partner with Israel during its IHRA presidency to defend the memory and historical fact of the Holocaust and fight the toxic spread of Holocaust denial and distortion and all other forms of antisemitism.”
The top American diplomat warned of an aggressive US response to the ongoing rise in antisemitism.
“Holocaust distortion, a shocking form of antisemitism, has proliferated and the poison of antisemitism continues to spread,” Rubio said. “We see it in violent attacks on Jews, defacement of Holocaust memorials, and dangerous rhetoric in universities and international organizations. President Trump and I have made the United States’ position unmistakably clear: the United States will confront antisemitism with determination and resolve.”
Israel will be taking over IHRA’s presidency from the United Kingdom, which headed the organization for the past year with Lord Eric Pickles serving as chair.
“The aim was to bring out the best in the IHRA, engender confidence in difficult times, and, above all, strengthen the organization,” Pickles said at a handover ceremony in Jerusalem. “Those of us who attended the poignant 80th anniversary ceremony at Auschwitz-Birkenau in January know that we will never see the like again.”
Pickles added that “10 years from now, at the 90th anniversary, it is unlikely there will be Holocaust survivors to speak. We are now the custodians of their memory. We must remember and tell the truth.”
Recent Legislative Efforts Regarding the IHRA Antisemitism Definition
IHRA adopted a “working definition” of antisemitism in 2016. Since then, the definition has been widely accepted by Jewish groups and lawmakers across the political spectrum, and it is now used by hundreds of governing institutions, including the US State Department, European Union, and United Nations. Dozens of US states have also formally adopted it through law or executive action.
In recent months, several additional measures have been taken to expand the definition’s usage.
Last month, for example, Australia’s 39 universities announced that the IHRA working definition of antisemitism would be used in assessing antisemitism on campus. The country has seen a string of antisemitic crimes which authorities suspect foreign actors of masterminding.
On Feb. 20, US Sens. Katie Britt (R-AL), Tim Scott (R-SC), and Jacky Rosen (D-NV) introduced the Antisemitism Awareness Act to implement the definition in the US Department of Education.
“We cannot allow antisemitism to fester in our schools, on our college campuses, or anywhere in our society. This legislation would give the Department of Education the tools to hold students and institutions accountable,” Britt said at the time. “Any American educational institution authorizing, facilitating, or otherwise supporting pro-terrorism activities should lose every cent of federal funding and subsidization.”
On Feb. 26, the Missouri House of Representatives Higher Education and Workforce Development Committee heard the case for a bill to use the IHRA definition at the state’s schools.
Two weeks earlier, the Kansas House Committee on Education received a presentation on a bill to codify the definition for the state’s schools.
On Feb. 3, the Nebraska Legislature Education Committee conducted a hearing for a bill also seeking to implement the IHRA definition in schools.
In late January, state representatives and community members met at the New Jersey statehouse to speak out in support of a bill for the state to adopt the IHRA definition. The legislation’s primary sponsor, Assemblyman Gary Schaer, said that “today we have an opportunity to do something truly profound — pass bipartisan legislation that will protect a religious minority.”
To resolve two lawsuits, Harvard agreed to implement the IHRA definition and to release an annual report for the next five years documenting responses to violations of Title VI of the US Civil Rights Act of 1964.
In January, Oklahoma State Rep. John Waldron, a Democrat elected in Tulsa, put forward legislation to use the IHRA definition in the state’s guide for employees assessing bigotry.
On Jan. 26, the student government of Rutgers University voted down a measure to embrace the definition.
Days earlier, Ireland announced its embrace of the IHRA definition, despite the Irish government’s harsh criticism of Israel and amid a surge of antisemitism in the country.
In December 2024, a group of 24 Israeli colleges announced plans to use the IHRA definition.
The post Israel Begins Leadership of International Holocaust Remembrance Alliance first appeared on Algemeiner.com.
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Former Hamas Hostage Emily Damari Undergoes Hand Surgery for Injury Sustained During Oct. 7 Attack
Former hostage Emily Damari is reunited with her mother, on Jan. 19, 2025. Credit: Israel Defense Forces Spokesperson’s Unit.
Former hostage Emily Damari underwent surgery in Israel last week for a hand injury inflicted upon her by Hamas terrorists when she was abducted on Oct. 7, 2023, and in a chilling post on Instagram, she shared details about the inadequate medical care she received during her captivity.
The 28-year-old – who lost her two middle fingers while being taken captive during the Oct. 7 terrorist attacks – said on Monday she takes pride in her disability and also shared photos from the surgical room at Sheba Medical Center’s Department of Hand Surgery, where she had her procedure this week. Remembering her time in captivity, she talked about being transported by Hamas to the Al-Shifa hospital in the Gaza Strip for a different kind of “surgery.”
“‘Hi, I’m Dr. Hamas,’ that’s what the doctor at Shifa told me before the ‘surgery,’” Damari recalled. “Seventeen months have passed since then, and now the moment I’ve been waiting for has arrived — the real surgery, at Sheba Medical Center.”
“Today, after 17 months, my moment has arrived — to replace Shifa with Sheba and finally receive proper treatment,” she wrote. “I have come to terms with my injury, truly. I know there is still recovery ahead, but this time, I am surrounded by family and friends I love, and that’s what matters. I am proud of my scars, and with them, I will triumph.”
A British-Israeli dual citizen, Damari was one of three civilian hostages released from Hamas captivity in mid-January as part of the ceasefire deal between Israel and the Palestinian terrorist organization. She was kidnapped from her home in Kibbutz Kfar Aza. Her two middle fingers had been shot off by Hamas-led terrorists during the Oct. 7 attacks and she was also shot in the leg. In her Instagram post on Monday, she talked about the procedure she had at the Shifa hospital in Gaza the same day as her abduction.
“I remember sitting in Shifa on October 7th, looking at a small window there, feeling my hand shattered and my leg shot from the bullet that hit Choocha, my beloved dog, the most precious thing I had for 11 years,” she added. “In all the chaos, I didn’t even have time to process it. After all, I was kidnapped to Gaza along with two good friends, my neighbor was murdered, I left my mother, my brother, his wife, and their daughters behind — who knew what would happen to them.”
“Then that moment came — they took me into the operating room, with a corpse in front of me,” she added. “I saw the blue sky, which should have been gray on such a day. I prayed to God to protect me. And then I woke up to Dr. Hamas informing me that I no longer had two fingers, and that the wound on my leg remained open with four stitches instead of sixteen.”
Damari concluded her Instagram by quoting a Hebrew Psalm which means in English: “Even though I walk through the valley of the shadow of death, I will fear no evil, for You are with me.” She also thanked the “incredible” doctors at Sheba Medical Center who treated her as well as the “amazing team of nurses.”
In a post on X, Damari shared a photo of herself after her recent hand surgery, showing off her two new fingers. In the caption, she again talked about “embracing” her scars, saying, “to me they represent freedom, hope, and strength.”
“I thank G-d, the IDF, and everyone who fought to give me my life back. Now let’s bring all the hostages home,” she said.
The post Former Hamas Hostage Emily Damari Undergoes Hand Surgery for Injury Sustained During Oct. 7 Attack first appeared on Algemeiner.com.