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What You Need to Know About the ICC Arrest Warrants for Israeli Leaders
You may have heard that the ICC (International Criminal Court) is on a path toward issuing arrest warrants against Israeli leaders. But you may not know how this came about, where we are in the process, and what it could mean for Israel, America, and the entire free world.
To help you cut through the disorganized reports, sensationalism, and widespread misinformation, here is a thorough and clear update — from a lawyer.
The ICC is distinct from the International Court of Justice (ICJ). At the ICJ, South Africa is attempting to make a case against Israel for genocide, which will take years to complete. However in the meantime, South Africa has repeatedly presented emergency motions for an immediate and unconditional ceasefire, including an attempt just last week which does not technically accomplish that goal, but comes perilously close.
Separately, but in parallel, the ICC prosecutor, Karim A. Khan, has brought a request to the ICC to issue international arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, as well as several Hamas leaders.
If granted, these arrest warrants will make it impossible for Netanyahu to leave Israel and enter any of the 124 countries that are members of the ICC (approximately two thirds of the world), as well any additional countries that have mutual law enforcement agreements, such as all Interpol countries.
The United States is not an ICC member, and would be unlikely to enforce the warrant, however most European countries are either ICC or Interpol members (or both), as well as much of South America and some of the Asia-Pacific.
So how did this all come about?
The ICJ has jurisdiction over Israel because Israel signed the Genocide Convention of 1948. In fact, Israel helped draft the document, which is meaningfully connected to the very soul of Israel, as the whole concept is an outgrowth of the Holocaust. It is therefore a cruel irony that Hamas and its allies would weaponize the ICJ against Israel. Paradoxically the ICJ does not have jurisdiction over Hamas, so if they do issue a “ceasefire” order, it will be one in which Israel ceases, but Hamas fires.
By contrast, the ICC does not have jurisdiction over Israel, except insofar as the Court unilaterally decided that it does.
Specifically, the ICC is charged with enforcing an international treaty called the Rome Statute, which was ratified by 124 countries but notably, not by Israel or the United States. How then did the ICC come to the conclusion that it can enforce a treaty over a country that never actually agreed to it?
The ICC’s rules hold that the Court may exercise jurisdiction over any events that occur inside the borders of a member state. The ICC recognizes a Palestinian state, and includes it as a member of the ICC. Although the “state” of Palestine has no recognized borders or territory, the ICC nonetheless ruled in 2015 that events occurring inside the West Bank and the Gaza Strip count as being “inside” the “borders” of the “State of Palestine,” and are therefore subject to the Court’s jurisdiction.
In recent days, the ICC prosecutor accused Israel of a number of violations of the Rome Statute, which is paradoxical on several levels at once: for one, Israel never agreed to be bound by the Rome Statute, and secondly, the specific accusations are patently untrue.
For example, the prosecutor accuses Israel of preventing the flow of humanitarian aid, even though according to well verified data, Gaza has received enough aid to feed every man, woman, and child twice over. (There is nonetheless an apparent food shortage as both Hamas and UNRWA employees steal much of the food.) The prosecutor accuses Israel of closing the crossings by which aid enters the Gaza Strip (the crossings are actually open and active despite Hamas’ frequent bombings of the crossings) and, of course, Israel stands accused of genocide, despite taking historic measures to protect civilians, and producing the lowest civilian to combatant casualty ratio for a conflict of this type in human history.
Moreover, by requesting arrest warrants against both Israeli leaders and Hamas terror operatives, Prosecutor Khan has effectively drawn an astonishing moral and legal equivalence between Israel, a modern Western democracy with a famously independent judiciary, and one of the world’s most notorious terror groups — and a parallel between the October 7 terrorist massacre, and the self defense of the very victims of that massacre.
To be clear, the arrest warrants have not yet been issued, but are currently being presented to the ICC’s panel of 18 judges for approval. Yet this arrest approval process is not a trial in which both sides present evidence and make arguments. To the contrary, the prosecutor needs to show merely that there are “reasonable grounds” for the arrest warrants, but without the accused having a right to reply or to present evidence as part of that decision. This process is roughly comparable to what American courts call a “Grand Jury hearing,” and American lawyers have an old joke that in such hearings the evidentiary requirements are so low that, “a Grand Jury will indict a ham sandwich if you ask them to.”
So in a cruel paradox, by the ICC’s own rules, evidence is irrelevant, truth is irrelevant, and even reality itself is irrelevant. It is enough that the ICC prosecutor makes an accusation, and then world leaders who never even agreed to the Court’s jurisdiction can find themselves subject to its arrest powers. Furthermore, there is no guarantee that Khan will stop with Israeli leaders — by Khan’s logic, as expressed in this prosecution, it is possible that IDF soldiers and former IDF soldiers (in other words, most Israelis) could eventually face international arrest as well.
So what happens now?
It is not clear how long it will take the judges to approve the arrest warrants — deliberations could take anywhere from days to months. It is rare that the ICC judges would refuse to approve an arrest warrant, but this case may be different because the United States has announced that it will take action.
Fearing that America’s enemies could use the ICC as a weapon against American leaders and soldiers, the US not only refused to join the ICC, but also passed a bipartisan law in 2002 affirming that America would protect American service people and allies against a weaponization of the Court. A bipartisan bill currently working its way through Congress envisions placing sanctions on the ICC prosecutor, the judges, and their families. This would limit their ability to travel, and also may shut down their bank accounts and other access to basic day to day life necessities — in other words, this is a powerful diplomatic tool.
Although it is not clear what will happen in the coming days and months with respect to the ICC, one thing is clear: Hamas, which cannot defeat the IDF on the battlefield, is attempting to weaponize international law to defeat Israel off the battlefield. Whether they will succeed, and whether other terror organizations use such weapons in the future, depends on how Israel and America respond in the days to come.
An important additional note: many throughout the world, including some Israelis, blithely say that some Israeli leaders are “criminals” and deserve to be arrested (a common refrain in politics). Yet the specific claims against Israeli leaders in this case do not relate to normal domestic political issues, such as corruption, judicial reform, or the like. To the contrary, the case against Israel relates to issues on which almost all Israelis agree — specifically the performance of the IDF and Israel’s self defense.
In fact, it is notable that the Israeli prime minister is not the “Commander in Chief ” of the armed forces as the US president is. Rather, that role belongs to the war cabinet, which is composed of Israeli representatives from the right, left, and center, and enjoys broad public support. In other words, a criticism of the IDF or of Israel’s self defense in Gaza is not merely a criticism of Netanyahu as some like to claim, but rather of the entire State of Israel and the broad consensus of the Israeli people.
Daniel Pomerantz is the CEO of RealityCheck, an organization dedicated to deepening public conversation through robust research studies and public speaking.
The post What You Need to Know About the ICC Arrest Warrants for Israeli Leaders first appeared on Algemeiner.com.
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Kosher Restaurant in Madrid Targeted in Arson Attempt
People demonstrate in the city of Santander, Spain, under the motto ‘Let’s stop the genocide in Gaza,’ on Jan. 20, 2024. Photo: Joaquin Gomez Sastre/NurPhoto via Reuters Connect
A kosher restaurant in central Madrid was targeted in an attempted arson attack, prompting a police investigation, as Spain continues to face a rise in antisemitic incidents since the outbreak of the Israel-Hamas war in 2023.
On Tuesday night, an unknown individual entered the Rimmon Kosher restaurant in the Spanish capital and “sprayed a liquid with a strong gasoline smell on the entrance, intending to set fire and burn down the premises,” according to a joint statement from the Jewish Community of Madrid (CJM) and the Federation of Jewish Communities of Spain (FCJE).
Before the police arrived, the attacker fled the scene. However, the restaurant staff’s quick response prevented the fire from being lit.
In a press release on Wednesday, CJM and FCJE condemned the foiled attack as “an antisemitic act aimed at causing harm, targeting public spaces frequented by the Jewish community, and terrorizing its members.”
“This is an act driven by hatred, with a vile and brutal intent, that threatens coexistence, freedom, and tolerance — values that have always defined the citizens of Madrid,” the statement continued.
Comunicado de la Comunidad Judía de Madrid ante el intento de incendio del restaurante Rimmon Kosher de Madrid. pic.twitter.com/SESEm9J8ay
— Comunidad Judía de Madrid (@cjm_es) March 5, 2025
As of now, a police investigation is underway, with authorities focused on tracking down the perpetrator and determining the motive behind their actions.
“We hope the perpetrator’s identity will be determined soon and that this person will be arrested quickly,” CJM and FCJE addedt. “In the meantime, we are ready to cooperate with the authorities and the restaurant owners in any way needed.”
The Israeli Embassy in Spain also condemned Tuesday’s attack on the kosher restaurant, near the main synagogue, and expressed full support for the staff, owners, and customers of the establishment, as well as solidarity with the Jewish community of Madrid.
“We are facing yet another case that shows how hate-inciting rhetoric leads to violence,” the embassy posted on X/Twitter. “We fully trust that the authorities will act decisively to prevent violent and antisemitic incidents from recurring in Spain.”
La Embajada de Israel en España condena enérgicamente el ataque perpetrado contra un restaurante casher en Madrid, próximo a la sinagoga principal.
Expresamos nuestro total apoyo al personal, propietarios y clientes del establecimiento, así como nuestra solidaridad con la… pic.twitter.com/4jTqZLq6CH
— Israel en España
(@IsraelinSpain) March 5, 2025
Since Hamas started the Gaza war with its invasion of and massacre across southern Israel on Oct. 7, 2023, Spain has been a fierce critic of the Jewish state.
In the aftermath of the Oct. 7 atrocities, Spain halted arms shipments from its own defense companies to Israel and launched a diplomatic campaign to curb the country’s military response. At the same time, several Spanish ministers in the country’s left-wing coalition government issued pro-Hamas statements and called for an immediate ceasefire in Gaza, with some falsely accusing Israel of “genocide.”
More recently, Spanish officials said they would not allow ships carrying arms for Israel to stop at its ports. In response, the US Federal Maritime Commission opened an investigation into whether Spain, a NATO ally, has been denying port entry to cargo vessels reportedly transporting US weapons to Jerusalem.
Additionally, Spanish Prime Minister Pedro Sanchez urged other members of the European Union to suspend the bloc’s free trade agreement with Israel over its military campaigns against Hamas in Gaza and the terrorist organization Hezbollah in Lebanon.
In May, Spain officially recognized a Palestinian state, claiming the move was accelerated by the Israel-Hamas war and would help foster a two-state solution to the Israeli-Palestinian conflict. Israeli officials described the decision as a “reward for terrorism.”
The post Kosher Restaurant in Madrid Targeted in Arson Attempt first appeared on Algemeiner.com.
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‘Failure’: Larry Summers Slams Harvard University’s Response to Campus Antisemitism
Demonstrators take part in an “Emergency Rally: Stand With Palestinians Under Siege in Gaza,” amid the ongoing conflict between Israel and Hamas, at Harvard University in Cambridge, Massachusetts, US, Oct. 14, 2023. Photo: REUTERS/Brian Snyder
Former Harvard University president Larry Summers said on Monday that the administration’s response to campus antisemitism remains unsatisfactory, echoing the concerns of Jewish civil rights activists who continue to demand progress from the Ivy League institution.
“Harvard continues its failure to effectively address antisemitism,” Summers posted on the X/Twitter social media platform. “Despite [current Harvard president Alan Garber’s] clear and strong personal moral commitment, he has lacked the will and/or leverage to effect the necessary large-scale change, and the Corporation has been ineffectual.”
The Harvard Corporation is the university’s highest governing body.
Summers went on to list several outrages to which Harvard has subjected its Jewish and pro-Israel students and faculty during this academic year — including the Center for Middle Eastern Studies (CMES) holding a panel on Israel’s military actions against terrorist groups in Lebanon in which antisemitic tropes were promoted, Dean Marla Frederick’s denouncing Israel’s founding as the nakba, and the university’s antisemitism task force keeping a professor who has downplayed the severity of Jew-hatred on campus as one of its members.
Summers noted as well that Harvard’s antisemitism task force, which a US federal lawmaker accused of being a farce contrived to manipulate the public’s opinion of the university, has not yet issued a final report containing its findings or recommendations for new policies for dealing with the issue despite having convened over a year ago.
“It is by the way shocking, and I think outrageous, that months after Harvard’s abject failures after Oct. 7, the task force hasn’t even reached a conclusion,” Summers continued. “Nor is there yet a basis for confidence that disruptions will be met with disciplinary consequences, especially in a number of professional schools that are redoubts of the far left.”
Harvard continues its failure to effectively address antisemitism.
Despite President Garber’s clear and strong personal moral commitment, he has lacked the will and/or leverage to effect the necessary large scale change, and the Corporation has been ineffectual.
— Lawrence H. Summers (@LHSummers) March 4, 2025
Summers’ statements come amid a challenging moment in the history of Harvard University, America’s oldest and arguably most prestigous institution of higher education. Since Hamas’s invasion of Israel on Oct. 7, 2023, Harvard has seen its law school student government issue a resolution which falsely accused Israel of genocide; its students quote terrorists during an “Apartheid Week” event held in April; and dozens of its students and faculty participated in an illegal pro-Hamas encampment attended by members of a group that had shared an antisemitic cartoon. Additionally, many Harvard students openly cheered Hamas’s Oct. 7 atrocities, which included sexual assault and child abduction, and a mob led by the president of the prestigious Harvard Law Review followed, surrounded, and intimidated a Jewish student, screaming “Shame! Shame! Shame!” into his ears.
After these incidents and more, Harvard fought tooth and nail to discredit lawsuits which alleged that its response to campus antisemitism amounted to the enabling of discriminatory behavior which violates federal civil rights law. Harvard eventually settled multiple complaints out of court, but at least one plaintiff, Harvard alumnus Shabbos Kestenbaum, refused to be a party to the agreements, arguing that they allowed the university to evade accountability for its alleged inaction.
Summers and Kestenbaum aren’t Harvard’s only critics in the Jewish community. On Monday, the Anti-Defamation League (ADL) issued a “Campus Report Card” in which Harvard’s antisemitism policies were given a “C” grade. ADL chief executive officer Jonathan Greenblatt said in a statement accompanying the report that every school assessed by the organization should have received an “A.”
“I said it last year, and I’ll say it again: every single campus should get an ‘A.’ This isn’t a high bar — this should be standard,” Greenblatt explained. “While many campuses have improved in ways that are encouraging and commendable, Jewish students still do not feel safe or included on too many campuses. The progress we’ve seen is evidence that change is possible — all university leaders should focus on addressing these very real challenges with real action.”
US President Donald Trump’s administration has vowed to crack down on campus antisemitism and pro-Hamas activity across the US.
In January, he issued a highly anticipated executive order aimed at combating campus antisemitism and holding pro-terror extremists accountable for the harassment of Jewish students, fulfilling a promise he made while campaigning for a second term in office.
Continuing work started during his first administration — when Trump issued Executive Order 13899 to ensure that civil rights law apply equally Jews — the “Additional Measures to Combat Antisemitism” calls for “using all appropriate legal tools to prosecute, remove, or otherwise … hold to account perpetrators of unlawful antisemitic harassment and violence.” The order also requires each government agency to write a report explaining how it can be of help in carrying out its enforcement.
Additionally, it initiates a full review of the explosion of campus antisemitism on US colleges across the country after Oct. 7, 2023, a convulsive moment in American history to which the previous presidential administration struggled to respond during the final year and a half of its tenure.
On Tuesday, Trump vowed to suspend federal funding to any educational institution that refuses to quell riotous demonstrations, a punitive measure which would fulfill his administration’s pledge to crack down on campus antisemitism and the pro-Hamas activists fostering it.
“All federal funding will stop for any college, school, or university that allows illegal protests,” Trump said in a statement posted on Truth Social, the social media platform he founded in 2022. “Agitators will be imprisoned/or permanently sent back to the country from which they came. American students will be permanently expelled or, depending on the crime, arrested.”
He continued, “No masks! Thank you for your attention to this matter.”
Follow Dion J. Pierre @DionJPierre.
The post ‘Failure’: Larry Summers Slams Harvard University’s Response to Campus Antisemitism first appeared on Algemeiner.com.
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Second Australian Nurse Charged Over Viral Video Threatening to Kill Israeli Patients
Members of the Jewish community and supporters gather for a protest rally against rising antisemitism at Martin Place in Sydney, Jan. 21, 2025. Photo: AAP Image/Steven Saphore via Reuters Connect
An Australian nurse working in a Sydney hospital has been arrested and charged after a viral video captured him making threats, stating he would refuse to treat Israeli patients and instead kill them.
This latest legal step comes as law enforcement works to combat a surge in antisemitic incidents across Australia, which the country’s spy chief has called his agency’s top priority.
After the Palestinian terrorist group Hamas’s Oct. 7, 2023, invasion of and massacre across southern Israel, several Jewish sites in Australia have been relentlessly targeted with vandalism and even arson, especially in the past few months. In response, a New South Wales (NSW) police task force, Strike Force Pearl, was established to address the wave of hate crimes and rising antisemitism.
On Tuesday night, 27-year-old Ahmed Rashid Nadir was arrested and charged with federal offenses, including using a carriage service to menace, harass, or cause offense, as well as possession of a prohibited drug, NSW Police said in a statement.
The arrest follows an incident at Bankstown-Lidcombe Hospital in Sydney, in which Nadir and his fellow nurse, Sarah Abu Lebdeh, were seen in an online video posing as doctors and making inflammatory statements during a night-shift discussion with Israeli influencer Max Veifer.
The footage, which circulated widely, showed Lebdeh stating she would refuse to treat an Israeli patient and instead kill them, while Nadir used a throat-slitting gesture and claimed to have already killed many.
“It’s Palestine’s country, not your country, you piece of s—t,” Lebdeh told Veifer.
“One day your time will come, and you will die the most disgusting death,” she added in a sentence riddled with obscenities.
Last week, 26-year-old Lebdeh was arrested and charged with similar federal offenses, including threatening violence against a group and using a carriage service to threaten, menace, and harass, with a conviction potentially leading to up to 22 years in prison.
After reviewing patient records, the hospital found no evidence that Lebdeh or Nadir had harmed patients.
NSW’s Health Minister Ryan Park confirmed that both nurses had been suspended and would be permanently barred from employment within the state’s health system.
According to the NSW Police statement, both Lebdeh and Nadir were released on bail and are set to appear in court on March 19. Lebdeh has been prohibited from leaving Australia and using social media while her case proceeds.
The incident is one of the latest in a surge of antisemitic acts across Australia since the beginning of the Israel-Hamas war in Gaza in October 2023, with Jewish institutions targeted in arson attacks and businesses defaced.
Law enforcement in Sydney and Melbourne, home to the majority of Australia’s Jewish population, is actively investigating hate crimes, including the recent discovery of a trailer containing explosives and a list of potential Jewish targets.
Since the formation of Strike Force Pearl, the task force to combat antisemitism, in December, NSW Police Commissioner Karen Webb reported that 15 people have been arrested, and 78 charges have been filed.
“I must commend the work Strike Force Pearl detectives are doing to investigate, charge, and put these individuals before the courts,” Webb said in a statement. “There is a tremendous amount of dedication and hard work going into all these investigations.”
Last month, dozens of Australia’s leading Muslim groups and individuals defended the two nurses, accusing their critics of “hypocrisy” and “double standards and moral manipulation” in an open letter.
“This statement is not about defending inappropriate remarks. It is about pushing back against the double standards and moral manipulation at play while the mass killing of our brothers and sisters in Gaza is met with silence, dismissal, or complicity,” the letter said.
In response to the ongoing spike in antisemitism, Australia passed a new slate of hate crime laws last month which would, among other measures, imprison those who make terror threats or perform Nazi salutes.
In a Senate committee hearing last week, Mike Burgess, the director-general of the Australian Security Intelligence Organization (ASIO), the country’s domestic intelligence agency, said that antisemitism is now the agency’s top priority.
“In terms of threats to life, [antisemitism is] my agency’s number one priority because of the weight of incidents we’re seeing play out in this country,” Burgess told the Senate. “Antisemitism and significant antisemitism acts are prominent in our investigation caseload at this point in time.”
In a recent 2025 threat assessment declassified by ASIO, Burgess warned that the surge in antisemitic attacks across Australia could escalate, as extremists are increasingly self-radicalizing and “choose their own adventure” toward potential terrorist activity.
“Threats transitioned from harassment and intimidation to specific targeting of Jewish communities, places of worship, and prominent figures,” he said. “I am concerned these attacks have not yet plateaued.”
The post Second Australian Nurse Charged Over Viral Video Threatening to Kill Israeli Patients first appeared on Algemeiner.com.
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