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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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Iran Says Oct. 7 Massacre ‘Revived Palestinian Cause,’ Vows ‘Unwavering’ Support Until ‘Complete Liberation’
Iran’s Foreign Minister Abbas Araghchi looks on before a meeting with Qatar’s Prime Minister and Foreign Minister Sheikh Mohammed bin Abdulrahman Al Thani, in Tehran, Iran, Aug. 26, 2024. Photo: Majid Asgaripour/WANA (West Asia News Agency) via REUTERS
Iranian Foreign Minister Abbas Araghchi in a new interview applauded the Palestinian terrorist group Hamas’s invasion of southern Israel on Oct. 7, 2023, arguing that the massacre “revived the Palestinian cause,” according to Iran’s official news agency.
The Islamic Republic News Agency (IRNA) reported that Araghchi gave an interview to the Qatar-based news network Al Jazeera, parts of which were aired on Friday, in which Iran’s top diplomat “praised” the Oct. 7 onslaught. During the rampage, Hamas-led Palestinian terrorists murdered 1,200 people, wounded thousands more, and kidnapped 251 hostages to Gaza while perpetrating widespread sexual violence in the deadliest single day for Jews since the Holocaust.
Iran is the chief international backer of Hamas, providing the terrorist group with weapons, funding, and training. According to media reports based on documents seized by the Israeli military in Gaza last year, Iran had been informed about Hamas’s plan to launch the attack months in advance.
Parts of the Al Jazeera interview aired one day after Araghchi pledged Iran’s “unwavering” support to the “Palestinian resistance” while meeting with Hamas leaders in Qatar.
Araghchi “reaffirmed the Islamic Republic of Iran’s unwavering and principled policy of supporting the Palestinian resistance until the full realization of Palestinian rights, including their right to self-determination and the complete liberation of Palestine from [Israeli] occupation,” the Iranian Foreign Ministry said in a statement describing his visit to Doha.
During his meeting with senior Hamas leaders, Araghchi discussed the reconstruction of Gaza. The talks were attended by prominent figures, including Mohammed Darwish, leader of Hamas’s Shura Advisory Council; Khalil al-Hayya, the terrorist group’s chief negotiator; and other members of the council and political bureau of the militant Islamist movement.
Darwish reportedly described the Oct. 7 attack on Israel as a “turning point” in the Palestinian people’s fight against the Jewish state.
Araghchi also congratulated Hamas on the ceasefire it reached with Israel earlier this month to halt fighting in Gaza that was brokered by Egypt, Qatar, and the US.
“The heroic resistance of the people of Gaza proved the lie of the invincibility of the Israeli army to the whole world,” he said.
Thursday’s meeting coincided with Hamas releasing three Israeli and five Thai hostages after 482 days in captivity in exchange for 110 Palestinian prisoners.
During the first 42 days of the ceasefire agreement, Hamas is supposed to release 33 of the remaining hostages kidnapped during the Oct. 7 onslaught in exchange for nearly 2,000 Palestinian prisoners held by Israel, where they have largely been imprisoned for involvement in terrorist activities.
Before siting down with Hamas leaders, Araghchi met with Qatari Prime Minister Sheikh Mohammed bin Abdulrahman Jassim Al Thani to discuss the ongoing developments in Gaza and Syria, where a new government is taking shape following the collapse of the regime of Bashar al-Assad, a long-time ally of Iran.
Araghchi stressed Iran’s strong and positive relationship with Qatar, reiterating his country’s commitment to expanding ties in various fields.
The post Iran Says Oct. 7 Massacre ‘Revived Palestinian Cause,’ Vows ‘Unwavering’ Support Until ‘Complete Liberation’ first appeared on Algemeiner.com.
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‘Deplorable’: Anti-Zionist Activists Pour Concrete Into Toilets at Columbia University
A student protester parades a Palestinian flag outside the entrance to Hamilton Hall on the campus of Columbia University, in New York, US, April 30, 2024. Photo: Mary Altaffer/Pool via REUTERS
Columbia University was a victim of infrastructural sabotage on Wednesday when an extremist anti-Zionist group flooded the toilets of an academic building with concrete to mark the anniversary of an alleged killing of a Palestinian child.
“Restroom facilities at the School of International and Public Affairs were vandalized with graffiti that included disturbing, personal attacks,” the university said in a statement issued after the attack. “Acts of vandalism of university buildings and property and attempts to harass and intimidate members of our community are unacceptable and abhorrent and will not be tolerated at Columbia.”
Stating that an investigation to identify the culprits — widely believed to be members of the anti-Israel group Columbia University Apartheid Divest (CUAD) — has been launched, the university continued, “Our buildings and our classrooms are spaces for teaching and learning and we cannot permit them to be disrupted and defaced. We are acting swiftly to address this misconduct and will update the community as we have more information.”
The targeted bathrooms are located on several floors of the Columbia School of International and Public Affairs (SIPA), according to Keren Yarhi-Milo, dean of the school, who addressed the matter. She called the behavior “deplorable, disruptive, and deeply unsettling, as our campus is a space we cherish for learning teaching, and working, and it will not be tolerated.”
Numerous reports indicate the attack may be the premeditated result of planning sessions which took place many months ago at an event held by Alpha Delta Phi (ADP) — a literary society, according to the Washington Free Beacon. During the event, the Free Beacon reported, ADP distributed literature dedicated to “aspiring revolutionaries” who wish to commit seditious and subversive acts. Additionally, a presentation was given in which complete instructions for the exact kind of attack which struck Columbia on Wednesday were shared with students.
Columbia University told the Free Beacon that it has notified law enforcement of the event, saying, “We immediately launched an investigation which is ongoing.”
CUAD has proven to be one of the most disruptive pro-Hamas student groups in the country since last academic year, when Hamas’s Oct. 7 massacre across southern Israel set off an explosion of anti-Zionist activity.
In April, its members commandeered a section of campus and, after declaring it a “liberated zone,” lit flares and chanted pro-Hamas and anti-American slogans, according to reports. When the New York City Police Department (NYPD) arrived to disperse the unauthorized gathering, hundreds of students reportedly amassed around them to prevent the restoration of order.
“Yes, we’re all Hamas, pig!” one protester was filmed screaming during the fracas, which saw some verbal skirmishes between pro-Zionist and anti-Zionist partisans. “Long live Hamas!” said others who filmed themselves dancing and praising the al-Qassam Brigades, the military wing of the Hamas terrorist organization. “Kill another soldier!” they also shouted.
In September, during the university’s convocation ceremony, CUAD distributed literature calling on students to join the Palestinian terrorist group’s movement to destroy Israel.
“This booklet is part of a coordinated and intentional effort to uphold the principles of the thawabit and the Palestinian resistance movement overall by transmitting the words of the resistance directly,” said a pamphlet distributed by CUAD, a Students for Justice in Palestine (SJP) spinoff, to incoming freshmen. “This material aims to build popular support for the Palestinian war of national liberation, a war which is waged through armed struggle.”
Other sections of the pamphlet were explicitly Islamist, invoking the name of “Allah, the most gracious” and referring to Hamas as the “Islamic Resistance Movement.” Proclaiming, “Glory to Gaza that gave hope to the oppressed, that humiliated the ‘invincible’ Zionist army,” it said its purpose was to build an army of Muslims worldwide.
After almost two years of being accused of cravenly ignoring unlawful and discriminatory behavior, Columbia University has recently made steps towards holding lawbreakers accountable. Earlier this month, it banned from its campus multiple, and suspended another, masked individuals who disrupted an active class last week and proceeded to utter pro-Hamas statements while distributing antisemitic literature.
The agitators had stormed into Professor Avi Shilon’s course, titled “History of Modern Israel,” on the first day of classes of the new semester last Tuesday. Clad in keffiyehs, which were wrapped on their faces to conceal their identities, they read prepared remarks which described the course as “Zionist and imperialist” and a “normalization of genocide.”As part of their performance, which they appeared to film, they dropped flyers, one of which contained an illustration of a lifted boot preparing to trample a Star of David. Next to the drawing was a message that said, “Crush Zionism.”
Columbia University’s handling of campus antisemitism and political extremism will continue to be scrutinized, as it is now legally bound, via civil settlement, to protect the civil rights of Jewish students. In June 2024, it settled a lawsuit in which it was accused by a student of neglecting its obligation to foster a safe learning environment amid riotous pro-Hamas protests that were held at the school throughout the final weeks of the academic year.
The resolution of the case called for Columbia to hire a “Safe Passage Liaison” who will monitor protests and “walking escorts” who will accompany students whose safety is threatened around the campus. Other details of the settlement include “accommodations” for students whose academic lives are disrupted by protests and new security policies for controlling access to school property.
Follow Dion J. Pierre @DionJPierre.
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UFC Head Dana White, Israeli Fighter Natan Levy Respond to Fighter Calling Hitler ‘Good Guy,’ Jews ‘Greedy’
Natan Levy steps on the scale for the official weigh-in at the UFC Apex for UFC Fight Night – Font vs Vera on April 29, 2022 in LAS VEGAS, United States. Photo: Sports Press Photo via Reuters Connect
Ultimate Fighting Championship (UFC) President Dana White and Israeli UFC fighter Natan Levy slammed American featherweight Bryce Mitchell for “dumb” and “disgusting” comments he made this week, which included praising Nazi leader Adolf Hitler and denying the Holocaust ever happened.
“I’ve heard a lot of dumb, ignorant s—t in my day, but this one’s probably the worst,” White said during a press conference. “Hitler is one of the most disgusting and evil human beings to ever walk the face of the earth, and anyone who even tries to take an opposing position is a moron. That’s the problem with the internet and social media — you provide a platform for a lot of dumb, ignorant people.” He added that the UFC reached out to Mitchell regarding his comments and said the company is “beyond disgusted.”
Mitchell made a series of antisemitic and shocking comments during the first episode of his new podcast “ArkanSanity,” which he co-hosts with fellow Arkansas native Roli Delgado. The two were discussing Elon Musk’s speech at Capital One Arena after US President Donald Trump’s inauguration earlier this month, and how Musk stretched his hand out to salute in a pose that many observers said was reminiscent of the Nazi salute.
“I honestly think that Hitler was a good guy based upon my own research, not my public education indoctrination,” Mitchell then said during the podcast episode, which aired on Saturday. “I really do think, before Hitler got on meth, he was a guy to go fishing with. He fought for his country. He wanted to purify it by kicking out the greedy Jews out that were destroying his country … when he got on meth and turned on Russia, I believe that’s when he [Hitler] got full nutty.”
“W[as] Hitler perfect? No. But he was fighting for his people and he wanted a pure nation,” he added. “These Jews were controlling his country … and now that [Hitler] lost the war, he’s the bad guy.” Mitchell then went on to state, “I’m not a Nazi, I don’t love Nazis, I’m just saying they were in a bad spot and Hitler come to power.”
Levy responded to Mitchell’s comments in a series of posts on X/Twitter on Thursday. “Crazy how a guy blessed by God with so much success and opportunity chooses to pay it forward by spreading hate and division every time he gets a mic,” Levy wrote in one post. “Anyway, next time you see me, you’re welcome to have a real conversation and actually learn about Judaism our history and culture, firsthand. Or, if you’d rather, you can call me a greedy Jew to my face, and we’ll see what’s up.”
He additionally offered to take his UFC rival to a Holocaust museum, to educate him about World War II, or even on a trip to Israel. Levy said he wants Mitchell to learn that “[Israel is] a beautiful land with people just like him, we don’t have horns, we don’t all conspire to take over the world, we just trying to live our lives and enjoy the sun.”
“I’ll make it simple for everyone, Keep my people’s name out your f—king mouth,” he added in another post on X. Levy said that for those defending Mitchell’s freedom of speech, his response was: “Yeah! every idiot is free to speak and I am free to tell them to shut the f—k up.”
During the podcast episode on Saturday, Delgado argued that Hitler was wrong for persecuting Jews, such as forcing them into Nazi concentration camps. In his response, Mitchell denied the Holocaust. “That’s what your public education will tell you, Roli. Because you believe your public education. Because you haven’t done your own research,” Mitchell insisted. “When you realize there is no possible way they could have burned and cremated six million bodies, you’re gonna realize the Holocaust ain’t real.”
“History is HIS-story. History is written by the victor. Hitler lost so you didn’t get to hear his side of the war, you didn’t get to hear how the Jews took his country over,” he suggested. “Do I believe that he tortured Jews to death and killed them and all this stuff for fun? No. I believe they were work camps and they starved to death because [Hitler’s] very army were starving to death … I don’t believe he’s that bad of a guy … Hitler — he was for freedom. Hitler just wanted to free his people. But we can’t talk about the Holocaust like it was a real thing because I don’t believe it. I don’t believe the bulls—t that they try to tell you at the public school.”
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