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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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NYC ‘Dyke March’ Bans Zionists From Participating in Annual Demonstration
(Source: Reuters)
NYC Dyke March, a public demonstration held by members of the lesbian community in New York City, has banned self-proclaimed “Zionists” from its annual event, citing a desire to stand against the so-called “genocide” occuring in Gaza.
The group revealed in a statement that their decision to ban Israel supporters from their ranks came after multiple members dropped out of the organization due to differences in “political beliefs and values.” After engaging in discussions with frustrated members, the NYC Dyke March committee agreed to adopt “an explicitly anti-Zionist position.” The organization claims that it will “strengthen our commitment” to fighting against Israel and advocating on behalf of Palestinians.
Last year, the NYC Dyke March previously came under scrutiny after organizers settled on “genocide” as the theme of its 2024 event. In a statement, decrying “ethnic cleansing, violence, and dehumanization,” the organization compared the ongoing war in Gaza, to the mass slaughters occurring in Ethiopia, Myanmar, and Sudan.
The organization plans on recycling the same theme for this year’s march, titling it “Dykes Against Genocide.” The group released a statement clarifying that Jews are allowed to attend and condemned the Oct. 7 slaughters as a “senseless loss of life.” After an apparent uproar from its members, the organization deleted the post and wrote that the group “unapologetically stands in support of Palestinian liberation.” In addition, the group affirmed that “anti-Zionism is not antisemitism and any language we put out which is not clearly opposed to a Zionist, imperialist agenda is harmful to us all.”
In the 17 months following the Hamas-led massacre of roughly 1200 people throughout Israel, the NYC Dyke March has produced numerous statements lambasting Israel and declaring “solidarity” with Palestinians amid their so-called “ongoing genocide.” The organization also accused Israel of engaging in supposed “pinkwashing” and “manipulative use of Jewish and queer identities,” with the aim of justifying its war efforts in Gaza.
Israel offers an expansive set of rights for members of the Lesbian, Gay, Bisexual, and Transngender (LGBT) community, including recognition of same-sex marriages. Every year in June, Tel Aviv holds one of the largest LGBT Pride celebrations in the world. Meanwhile, members of the LGBT community are routinely imprisoned or murdered in other parts of the Middle East, including the Palestinian territories.
The NYC Dyke March’s announcement was met with widespread condemnation.
“You cannot exclude the majority of Jews and call yourself inclusive,” said the Anti-Defamation League (ADL) in a post on X/Twitter, adding that the group “essentially equates Zionism with racism” in their announcement.
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Trump Administration Planning $510 Million Cut to Brown University Budget, Report Says
U.S. President Donald Trump speaks with journalists onboard Air Force One en route to Miami, Florida, U.S., April 3, 2025. REUTERS/Kent Nishimura
The Trump administration reportedly plans to terminate $510 million worth of federal contracts and grants awarded to Brown University, according to media reports.
Brown University’s failure to mount a satisfactory response to the campus antisemitism crisis, as well as its embrace of the diversity, equity, and, inclusion (DEI) movement — perceived by many across the political spectrum as an assault on merit-based upward mobility and causing incidents of anti-White and anti-Asian discrimination — prompted the alleged pending action by the federal government, according to the right-leaning outlet The Daily Caller.
The announcement comes as Brown scrambles to cover a $46 million budget shortfall and other universities across the country have faced similar funding cuts.
Brown University officials, however, denied that the university had received any directives from the Trump Administration.
“We have no information to substantiate these rumors,” Brown University provost Francis Doyle issued a statement. “We are closely monitoring notifications related to grants, but have nothing more we can share as of now.”
Meanwhile, Brown’s Jewish community rushed to the university’s defense, issuing a joint statement with the Brown Corporation which said that the campus is “peaceful and supportive campus for its Jewish community.”
The letter, signed by members of the local Hillel International chapter and Chabad on College Hill, continued: “Brown University is a place where Jewish life not only exists but thrives. While there is more work to be done, Brown, through the dedicated efforts of its administration, leadership, and resilient spirit of its Jewish community, continues to uphold the principles of inclusion, tolerance, and intellectual freedom that have been central to its identity since 1764.”
Brown Divest Coalition — an anti-Zionist group which recently saw its campaign for the university to adopt the boycott, divest, and sanctions (BDS) movement against Israel defeated by the Brown Corporation — weighed in too, denouncing the reported cut as “a means of suppressing all forms of popular dissent to the renewed violence of the US war machine abroad.” US Senator Jack Reed (D-RI) also criticized the move, accusing the administration “of a broader pattern of behavior…that will negatively impact communities across the country and lead to layoffs, restrict research, and more.”
As previously reported by The Algemeiner, the Trump administration is following through on its threats to inflict potentially catastrophic financial injuries on colleges and universities deemed as soft on antisemitism or excessively “woke.” The past six weeks has seen the policy imposed on elite universities including Harvard and Columbia, rattling a higher education establishment that has for better and worse operated for decades with little interference from the federal government even as it polarized the public and contributed to a growing sense that elites are contemptuous of Americans who live outside of their cultural enclaves.
In March, Secretary of Education Linda McMahon announced the cancellation of $400 million in federal contracts and grants for Columbia University, a measure that secured the school’s acceding to a slew of demands the administration put forth as preconditions for restoring the money. Later, the Trump administration disclosed its reviewing $9 billion worth of federal grants and contracts awarded to Harvard University, jeopardizing a substantial source of the school’s income over its alleged failure to quell antisemitic and pro-Hamas activity on campus following Hamas’s Oct. 7, 2023, massacre across southern Israel. Princeton University saw $210 million of its federal grants and funding suspended too, prompting its president, Christopher Eisgruber to say the institution is “committed to fighting antisemitism and all forms of discrimination.”
Additionally, 60 universities are being investigated by the Department of Education’s Office for Civil Rights over their handling of campus antisemitism, a project that will serve as an early test of the administration’s ability to perform the essential functions of the agency after downsizing its workforce to increase its efficiency.
One of those universities, Northwestern University, on Monday touted its progress in addressing campus antisemitism, noting that it has adopted the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism, a reference tool which aids officials in determining what constitutes antisemitism, and begun holding “mandatory antisemitism training” sessions which “all students, faculty, and staff” must attend.
Follow Dion J. Pierre @DionJPierre.
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Belgium Joins Hungary in Rejecting ICC Warrant Against Netanyahu, Signaling Shift in International Stance
Israeli Prime Minister Benjamin Netanyahu attends a joint press conference with US Secretary of State Marco Rubio at the Prime Minister’s office in Jerusalem, Feb. 16, 2025. Photo: Ohad Zwigenberg/Pool via REUTERS
Belgium announced it would not enforce the International Criminal Court (ICC) arrest warrant against Israeli Prime Minister Benjamin Netanyahu over alleged war crimes in Gaza, should he visit Brussels—marking a significant shift from the government’s previous policies.
In an interview with Belgium’s VRT broadcaster on Thursday, Prime Minister Bart De Wever was asked about Hungary’s decision to not act on the ICC warrant against Netanyahu during the Israeli leader’s visit to Budapest this week.
“To be completely honest, I don’t think we would either,” De Wever said during the interview.
“There is such a thing as realpolitik, I don’t think any European country would arrest Netanyahu if he were on their territory. France wouldn’t do it, and I don’t think we would, either.”
As Hungary welcomed Netanyahu to Budapest with full military honors on Thursday, ignoring the ICC arrest warrant against him, the country also announced its decision to withdraw from the international court.
After their meeting, Hungarian Prime Minister Viktor Orban said he believes the ICC is “no longer an impartial court, not a court of law, but a political court.”
“I am convinced that this otherwise important international judicial forum has been degraded into a political tool, with which we cannot and do not want to engage,” Orban said during a press conference.
In November, the ICC issued arrest warrants for Netanyahu, his former defense minister, Yoav Gallant, and now-deceased Hamas terror leader Ibrahim al-Masri (better known as Mohammed Deif) for alleged war crimes and crimes against humanity in the Gaza war.
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 until a recently imposed blockade had provided significant humanitarian aid into the enclave throughout the war.
Israel also says it has gone to unprecedented lengths to try and avoid civilian casualties, despite Hamas’s widely acknowledged military strategy of embedding its terrorists within Gaza’s civilian population and commandeering civilian facilities like hospitals, schools, and mosques to run operations and direct attacks.
Belgium’s center-right government, led by De Wever’s National Flemish Alliance party, took power this year after defeating a left-wing coalition led by the Socialist Party, known for its anti-Israel stance.
Under the previous government, Belgium joined South Africa’s genocide case against Israel at the International Court of Justice (ICJ).
Since December 2023, South Africa has been pursuing its case at the ICJ accusing Israel of committing “state-led genocide” in its defensive war against the Palestinian terrorist group Hamas in Gaza.
Last year, Belgium’s former Deputy Prime Minister, Petra De Sutter, said, “War crimes and crimes against humanity cannot go unpunished,” referring to the ICC arrest warrants against Netanyahu.
“Europe must comply. Impose economic sanctions, suspend the Association Agreement with Israel and uphold these arrest warrants,” De Sutter wrote in a post on X.
In line with this position, former Prime Minister Alexander De Croo said in November that Belgium would “assume its responsibility” towards the ICC, emphasizing that “there can be no double standards.”
After the ICC’s decision to issue the warrants, several countries, including Hungary, Argentina, the Czech Republic, Romania, Poland, France, and Italy, have said they would not arrest Netanyahu if he visited.
Germany seems to have a conflicting stance on this matter. During a press conference, German Chancellor Olaf Scholz said he could not imagine the ICC arrest warrant against Netanyahu being executed during a potential visit to Berlin.
However, Germany’s Foreign Minister, Annalena Baerbock, criticized Hungary’s refusal to enforce the arrest warrant against the Israeli leader this week.
“This is a setback for international criminal law,” Baerbock said during a meeting of NATO foreign ministers in Brussels.
“In Europe, no one is above the law. And this applies to all areas of law,” she said.
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