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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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As Gaza War Continues, Hamas Calls for Global Protests While Israel Marks Breakthroughs in Medical Innovation
A pro-Hamas march in London, United Kingdom, Feb. 17, 2024. Photo: Chrissa Giannakoudi via Reuters Connect
As the Palestinian terrorist group Hamas calls for global protests amid stalled Gaza ceasefire talks, Israel has broken new ground despite the ongoing conflict, achieving a major medical breakthrough in synthetic human kidney development.
The contrast illustrates a stark contrast between the priorities of Hamas, an international designated terrorist group that has ruled Gaza for nearly two decades, and Israel, the lone democracy in the Middle East that has long been a leader in tech and medical innovation.
On Wednesday, Hamas urged worldwide protests in support of Palestinians, calling on the international community “to denounce Israel’s genocidal war and starvation policy in Gaza.”
“We call for continuing and escalating the popular pressure in all cities and squares on Friday, Saturday, and Sunday … through rallies, demonstrations and sit-ins outside the embassies of the Israeli regime and its allies, particularly in the US,” the statement read.
The Palestinian terrorist group also called to expose what it described as “the terrorism of the Zio-Nazi occupation against defenseless civilians.”
Hamas’s latest move against Israel comes amid stalled indirect negotiations over a proposed 60-day ceasefire and hostage release deal, which collapsed last month after the group vowed it would not disarm unless an independent Palestinian state is established — rejecting a key Israeli demand to end the war in Gaza.
In its statement, Hamas demanded the opening of all border crossings to allow immediate aid into the war-torn enclave and urged a global condemnation of “the international community’s inaction on the Israeli crimes.”
Amid mounting international pressure to address the humanitarian crisis in Gaza, Israel announced new measures to facilitate the delivery of aid, including temporary pauses in fighting in certain areas and the creation of protected routes for aid convoys.
Israeli officials have previously accused Hamas of diverting aid for terrorist activities and selling supplies at inflated prices to civilians, while also blaming the United Nations and other foreign organizations for enabling this diversion.
Hamas’s statement also emphasized that the “global resistance movement must continue until Israeli aggression on Gaza ends and the siege on the coastal strip is lifted.”
Meanwhile, as Israel faces escalating hostilities and the heavy toll of war, the Jewish state continues to push the boundaries of innovation and resilience, achieving new medical breakthroughs while confronting ongoing challenges.
In a major medical breakthrough, scientists at Sheba Medical Center and Tel Aviv University have successfully grown a synthetic 3D miniature human kidney in a lab using specialized stem cells derived from kidney tissue — one of the most promising advances in regenerative medicine.
Dr. Dror Harats, chairman of Sheba’s Research Authority, described this achievement as a reflection of Israel’s leading role in global medical innovation.
“Despite growing efforts to isolate Israel from international science, breakthroughs like this prove our impact is both lasting and essential,” he said.
In a landmark study, a team from Sheba’s Safra Children’s Hospital and Tel Aviv University’s Sagol Center for Regenerative Medicine created synthetic kidney organs that matured and remained stable for 34 weeks — the longest-lasting and most refined kidney organoids developed to date.
Nearly a decade ago, the research team became the first to successfully isolate human kidney tissue stem cells — the cells responsible for the organ’s development and growth.
Previous attempts to grow kidneys in a lab using general-purpose stem cells were short-lived, typically lasting only a few weeks and often producing unwanted cell types that compromised research accuracy.
However, this Israeli research team used stem cells taken directly from kidney tissue — cells that naturally develop into kidney parts — allowing them to create a much purer and more stable model with key features found in real kidneys.
This medical breakthrough could have far-reaching implications, redefining the current understanding of kidney diseases and advancing the development of innovative treatments.
Researchers believe the model could help assess how medications impact fetal kidneys during pregnancy and move science closer to repairing or replacing damaged kidney tissue with lab-grown cells.
The discovery came days after researchers from Hebrew University of Jerusalem and international partners discovered a way to boost the immune system’s cancer-fighting ability by reprogramming how T cells, which are white blood cells critical to the immune system, produce energy.
The researchers explained in a study published in the peer-reviewed Nature Communications that disabling a protein known as Ant2 in T cells greatly enhances their effectiveness against tumors.
“By disabling Ant2, we triggered a complete shift in how T cells produce and use energy,” Prof. Michael Berger of Hebrew University’s Faculty of Medicine, who co-led the study with doctorate student Omri Yosef, told the Tazpit Press Service. “This reprogramming made them significantly better at recognizing and killing cancer cells.”
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Netherlands to Push EU to Suspend Israel Trade Deal but Won’t Recognize Palestinian State ‘At This Time’
Netherlands Foreign Affairs Minister Caspar Veldkamp addresses a press conference, in New Delhi on April 1, 2025. Photo: ANI Photo/Sanjay Sharma via Reuters Connect
The Netherlands is spearheading efforts to suspend the European Union-Israel trade agreement amid rising EU criticism of Israel’s actions in Gaza, while simultaneously refusing to recognize a Palestinian state, contrasting with other member states as international pressure mounts.
On Thursday, Dutch Foreign Minister Caspar Veldkamp announced that the Netherlands will push the EU to suspend the trade component of the EU-Israel Association Agreement — a pact governing the EU’s political and economic ties with the Jewish state.
This latest anti-Israel initiative follows a recent EU-commissioned report accusing Israel of committing “indiscriminate attacks … starvation … torture … [and] apartheid” against Palestinians in Gaza during its military campaign against Hamas, an internationally designated terrorist group.
Following calls from a majority of EU member states for a formal investigation, this report built on Belgium’s recent decision to review Israel’s compliance with the trade agreement, a process initiated by the Netherlands and led by EU High Representative for Foreign Affairs and Security Policy Kaja Kallas.
According to the report, “there are indications that Israel would be in breach of its human rights obligations” under the 25-year-old EU-Israel Association Agreement.
While the document acknowledges the reality of violence by Hamas, it states that this issue lies outside its scope — failing to address the Palestinian terrorist group’s role in sparking the current war with its bloody rampage across southern Israel on Oct. 7, 2023.
Israeli officials have slammed the report as factually incorrect and morally flawed, noting that Hamas embeds its military infrastructure within civilian targets and Israel’s army takes extensive precautions to try and avoid civilian casualties.
In a Dutch parliamentary debate on Gaza on Thursday, Veldkamp also announced that the government would not recognize a Palestinian state for now — a position that stands in sharp contrast to the recent moves by several other EU member states to extend recognition.
“The Netherlands is not planning to recognize a Palestinian state at this time,” the Dutch diplomat said.
“This war has ceased to be a just war and is now leading to the erosion of Israel’s own security and identity,” he continued.
This latest decision goes against the position of several EU member states, including France, which has committed to recognizing Palestinian statehood in September.
The United Kingdom has likewise indicated it will do so unless Israel acts to ease the humanitarian crisis in Gaza and agrees to a ceasefire.
For its part, Germany said it was not planning to recognize a Palestinian state in the short term, and Italy argued that recognition must occur simultaneously with the recognition of Israel by the new entity.
Spain, Norway, Ireland, and Slovenia all recognized a Palestinian state last year.
Israel has been facing growing pressure from several EU member states seeking to undermine its defensive campaign against the Palestinian terrorist group Hamas in Gaza.
On Thursday, European Commission Vice President Teresa Ribera strongly condemned Israel’s actions in the war-torn enclave, describing the situation as a “grave violation of human dignity.”
“What we are seeing is a concrete population being targeted, killed and condemned to starve to death,” Ribera told Politico. “If it is not genocide, it looks very much like the definition used to express its meaning.”
Until now, the European Commission has refrained from accusing Israel of genocide, but Ribera’s comments mark one of the strongest European condemnations since the outbreak of the war in Gaza.
She also called on the EU to take decisive action by considering the suspension of its trade agreement with Israel and the implementation of sanctions, while emphasizing that such measures would require unanimous approval from all member states.
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Graduate Student Unions Promoting Antisemitism, Reform Group Says
Students listen to a speech at a protest encampment at Stanford University in Stanford, California US, on April 26, 2024. Photo: Carlos Barria via Reuters Connect.
Higher-education-based unions controlled by United Electrical, Radio, and Machine Workers of America (UE) are rife with antisemitism and anti-Zionist discrimination, according to a new letter imploring the US Congress’s House Committee on Education and the Workforce to address the matter.
“Tracing its roots to communism in the 1930s, the UE is a radical, pro-Hamas labor union that has a long history of antisemitism,” the National Right to Work Foundation (NRTW), one of the US’s leading labor reform groups, wrote on July 30 in a message obtained by The Algemeiner. “The UE openly supports the boycott, divestment, and sanctions (BDS) movement, which is designed to cripple and destroy Israel economically. Today, the UE furthers its antisemitic agenda by unionizing graduate students on college campuses and using its exclusive representation powers to create a hostile environment for Jewish students. The hostile environment includes demanding compulsory dues to fund the UE’s abhorrent activities.”
NRTW went on to describe a litany of alleged injustices to which UE members subject Jewish student-employees in the US’s most prestigious institutions of higher education, from the Massachusetts Institute of Technology (MIT) to Cornell University. At MIT, the letter said, “union officers” aided a riotous group which illegally occupied a section of campus with a “Gaza Solidarity Encampment,” participating in the demonstration and even denying access to campus buildings. UE members at Stanford University, meanwhile, allegedly denied religious accommodations to Jewish students who requested exemption from union dues over that branch’s supporting the BDS movement. And Cornell University UE was accused of denying religious exemptions in several cases as well and followed up the rejection with an intrusive “questionnaire” which probed Jewish students for “legally-irrelevant information.”
The situation requires federal oversight and intervention, NRTW said, including Congress’s possibly clarifying that student-employees are not traditional employees and are therefore afforded protections under sections of the Civil Rights Act which apply to the campus.
“These continuing patterns of antisemitism are illegal, immoral, and must be stopped,” the letter continued. “We encourage you to do all that is in your power to investigate and help bring an end to the UE and its affiliates’ nonstop harassment and intimidation of Jewish students … The Trump administration can also use tools available to it under Title VI and Title VI of the Civil Rights Act against colleges who work with unions to create a hostile environment for Jewish students.”
July’s letter is not the first time NRTW has publicized alleged antisemitic abuse in unions representing higher education employees.
In 2024, it represented a group of six City University of New York (CUNY) professors, five of whom are Jewish, who sued to be “freed” from CUNY’s Professional Staff Congress (PSC-CUNY) over its passing a resolution during Israel’s May 2021 war with Hamas which declared solidarity with Palestinians and accused the Jewish state of ethnic cleansing, apartheid, and crimes against humanity. The group contested New York State’s “Taylor Law,” which it said chained the professors to the union’s “bargaining unit” and denied their right to freedom of speech and association by forcing them to be represented in negotiations by an organization they claim holds antisemitic views.
That same year, NRTW prevailed in a discrimination suit filed to exempt another cohort of Jewish MIT students from paying dues to the Graduate Student Union (GSU). The students had attempted to resist financially supporting GSU’s anti-Zionism, but the union bosses attempted to coerce their compliance, telling them that “no principles, teachings, or tenets of Judaism prohibit membership in or the payment of dues or fees” to the union.
“All Americans should have a right to protect their money from going to union bosses they don’t support, whether those objections are based on religion, politics, or any other reason,” NRTW said at the time.
Follow Dion J. Pierre @DionJPierre.