#jurisdiction over israel/israeli officials

[louisdotmp3]

btw when u talk about the icc and israel u should know that they were one of the 7 countries that voted against the rome statute specifically because, "the action of transferring population into occupied territory" was included in the list of war crimes

[soon-palestine]

“Target Israel and we will target you,” the senators tell Khan, adding that they will “sanction your employees and associates, and bar you and your families from the United States.”

Rather ominously, the letter concludes: “You have been warned.” In a statement to Zeteo, Democratic Sen. Chris Van Hollen of Maryland said, “It is fine to express opposition to a possible judicial action, but it is absolutely wrong to interfere in a judicial matter by threatening judicial officers, their family members and their employees with retribution. This thuggery is something befitting the mafia, not U.S. senators.”

While neither Israel nor the United States are members of the ICC, the Palestinian territories were admitted with the status of a member state in April 2015. Khan, a British lawyer, was appointed as the ICC’s chief prosecutor in February 2021, a week after the court had already decided, by majority, that its territorial jurisdiction extended to “Gaza and the West Bank.”

In the wake of the attacks of Oct. 7, 2023, Khan announced that the court had jurisdiction over any potential war crimes committed both by Hamas militants in Israel and by Israeli forces in Gaza. The ICC, per the Rome Statute of 2002, can charge individuals with war crimes, crimes against humanity, and genocide – and recent reports suggest Israeli officials increasingly believe that the ICC is preparing arrest warrants for Netanyahu and other senior cabinet and military officials.

On Friday, The Hague-based office of the chief prosecutor published an unprecedented statement on Twitter, calling for an end to threats of retaliation against the ICC and attempts to “impede” and “intimidate” its officials. The statement added that such threats could “constitute an offence against the administration of justice” under the Rome Statute. 

[kittyprincessofcats]

ICJ Ruling

Okay, let's get into this.

First of all, I get the frustration at the court not ordering a ceasefire. I was disappointed and frustrated at first too, since a ceasefire was the biggest and most important preliminary measure South Africa was requesting - and of course we just all want this horror to finally end for the people in Gaza. So I get the frustration and disappointment, I really do.

However, I do think this ruling is still a major win for South Africa, Palestine, and international law as a whole and here's why:

The court acknowledged that it has jurisdiction over this case and completely dismissed Israel's request to throw out the case as a whole. It will now determine at the merits stage (that will probably take years) whether Israel is actually commiting genocide.

The court acknowledged that Palestinians are a "distinct national or ethnic group and therefore deserving of protection under the genocide convention". Pull this out next time someone tells you "there's no such thing as Palestinians, they're all just Arabs".

The court acknowledged very unambiguously that "at least some" of Israel's actions being genocidal in nature is "plausible". South Africa has a case, officially. Israel is accused of genocide, in a way the ICJ deems "plausible", officially. This is huge. (And seriously, how freaking satisfying was it to hear all of those genocidal statements by Israeli politicians read out loud and used as justification for this rulling?)

The court might not have ordered a "ceasefire" in those words, but they did order Israel to "immediately end all genocidal acts" (which includes killing and injuring Palestinians) and submit proof that they actually did. How are they going to comply with this ruling without at least severly reducing or changing what they're doing in Gaza?

In fact, this wording might actually be more appropriate for a genocide (vs a war), as author and journalist Ali Abunimah notes on Twitter:

He's completely right. Israel lost today, by overwhelming majority (I mean, 15 to 2? I heard people predict the rulings would be very close, like 9 judges vs 8, but instead we got 15 to 2 (and even 16 to 1 on the humanitarian aid). Holy shit.) The court disimissed almost everything Israel's side of lawyers said, while acknowledging that South Africa's accusations are "plausible".

And this is important especially because of Mr Abunimah's second tweet there^. Because the question is, where do we go from here?

This ruling means that Israel is officially /possibly/ commiting genocide and that should have huge international consequences. The rest of the world now HAS to take these accusations seriously and stop arming and supporting Israel - and if they won't do it on their own, we, the people, have to make them. This is THE moment to rise up all around the world, especially in the countries most supportive of Israel (the US, the UK, Germany): Protest, call your representatives and demand a ceasefire and an end of arms deliveries to Israel.

We now have a legal case to back our demands: If Israel is, according to the ICJ, "plausibly" commiting genocide, then all of our governments are, according to the ICJ, "plausibly" guiltly of aiding in genocide. And we need to hold that over their heads and demand better. We need to do that right now and in huge numbers. Most politicians only care about themselves and saving their skin. We have to make them realize that they could be accused of aiding in genocide.

(As a German, I'm thinking of Germany here in particular: After South Africa's hearing, our government dismissed their case as having "no basis" - how are they going to keep saying that now that the ICJ officially thinks otherwise? Over the last months, people here have been arrested at protests for calling what's happening in Gaza a genocide. How are the police supposed to legally keep doing that now that the ICJ has officially deemed this accusation "plausible"? I used to be scared to use the word "genocide" at protests or write it on my protest signs - not anymore, have fun trying to arrest me for that when the ICJ literally has my back on this one 🖕🏻.)

So yeah - don't be defeatist about this, don't let Israel's narrative that they "won" (they didn't) take over. This might not be everything we wanted, but it's still a good result. Don't let what the court didn't say ("ceasefire"), distract you from the very important things that they did say. Let this be your motivation to get loud and active, especially if you live in any country that supports Israel. Put pressure on your governments to not be complicit in genocide, you now officially have the highest international court on your side.

[zvaigzdelasas]

The Biden administration is willing to work with Congress to potentially impose sanctions against international criminal court officials over the prosecutor’s request for arrest warrants for Israeli leaders over the Gaza war, Antony Blinken, the secretary of state, said on Tuesday.

At a Senate appropriations subcommittee hearing, Republican Lindsey Graham told Blinken he wanted to see renewed US sanctions on the court in response to the move announced by ICC prosecutor Karim Khan on Monday.

“I want to take actions, not just words,” Graham said to Blinken. “Will you support [a] bipartisan effort to sanction the ICC, not only for the outrage against Israel but to protect, in the future, our own interest?”

“I welcome working with you on that,” Blinken said.[...]

Joe Biden and his political opponents have sharply criticized Khan’s announcement, arguing the court does not have jurisdiction over the Gaza conflict and raising concerns over process.

The United States is not a member of the court, but has supported past prosecutions, including the ICC’s decision last year to issue an arrest warrant for Vladimir Putin, the Russian president, over the war in Ukraine.

Republican members of Congress have previously threatened legislation to impose sanctions on the ICC, but a measure cannot become law without support from Joe Biden and his fellow Democrats, who control the Senate.

21 May 24

[sayruq]

Joe Biden has attacked as “outrageous” an application by the international criminal court for warrants seeking the arrest of the Israeli prime minister, Benjamin Netanyahu, along with senior members of Hamas, for actions carried out in Gaza. The US president sided unambiguously with Israel after the ICC’s prosecutor, Karim Khan, announced he was pursuing arrest warrants for Netanyahu and Yoav Gallant, the Israeli defence minister. Khan is also pursuing the arrests of three leading Hamas figures, Yahya Sinwar, Mohammed Diab Ibrahim al-Masri – better known as Mohammed Deif – and Ismail Haniyeh over Hamas’s deadly attack on Israel on 7 October last year. The prosecutor’s announcement prompted Biden’s most outspoken remarks in Israel’s support in months, with the president accusing the ICC of drawing a false moral equivalence between the country and Hamas, a militant Islamist group that has run Gaza since 2006. “The ICC prosecutor’s application for arrest warrants against Israeli leaders is outrageous,” Biden said in the statement. “And let me be clear: whatever this prosecutor might imply, there is no equivalence – none – between Israel and Hamas. We will always stand with Israel against threats to its security.” Biden’s comments were echoed by Antony Blinken, the secretary of state, who said the US “fundamentally rejects” the decision to seek the arrests of Israeli officials and warned that it could jeopardise efforts to reach a ceasefire.He also accused the ICC of overstepping its authority. “The United States has been clear since well before the current conflict that ICC has no jurisdiction over this matter,” Blinken said. “The ICC was established by its state parties as a court of limited jurisdiction. Those limits are rooted in principles of complementarity, which do not appear to have been applied here amid the prosecutor’s rush to seek these arrest warrants rather than allowing the Israeli legal system a full and timely opportunity to proceed.” The ICC’s move follows a separate case currently being heard by a different court, the international court of justice, of accusations – brought by South Africa – that Israel is committing genocide in its response to last October’s attack. Israel strenuously denies the allegation.

[reasonsforhope]

"Palestinian plaintiffs and their legal representatives on Friday [January 26, 2024] presented a powerful case in federal court accusing President Joe Biden and other top US officials of complicity in Israel's genocide in Gaza.

People around the world tuned in for the long-awaited hearing in Oakland, with plaintiffs appearing in person and over Zoom in an unprecedented effort to hold the Biden administration accountable for its actions in Gaza.

The Center for Constitutional Rights (CCR) filed the lawsuit in November 2023 on behalf of Defense for Children International–Palestine, Al-Haq, and eight Palestinians in the US and Palestine. The complaint accuses President Joe Biden, Secretary of State Antony Blinken, and Secretary of Defense Lloyd Austin of failing to live up to their legal responsibilities under the 1948 Genocide Convention and the 1988 Genocide Convention Implementation Act.

The United Nations convention classifies complicity in genocide, or the intentional destruction of a people in whole or in part, as a crime under international law and requires that states take measures to prevent such atrocities.

[Note: This is a big reason why politicians almost never call it a genocide, btw. Because if a country recognizes that it's a genocide, then they actually are legally required to do a bunch of things to stop it, under international law.]

The historic lawsuit contends that the Biden administration has failed to uphold its obligations by continuing to provide diplomatic and military support for Israel's brutal campaign in Gaza. Plaintiffs are asking the court to stop Biden from sending more weapons and munitions to Israel that are being used to kill Palestinians en masse.

The hearing before the US District Court for the Northern District of California took place just hours after the International Court of Justice issued provisional measures against Israel in a landmark case brought by South Africa.

-via TAG24, January 26, 2024. Article continues below.

Court contends with questions of jurisdiction and responsibility

In evaluating the allegations, questioning in Friday's hearing revolved around the so-called political question doctrine, by which federal courts regularly refrain from ruling on political matters seen as best resolved by the president and Congress.

The Department of Justice argued that according to the doctrine, the court has no jurisdiction to rule in the case.

"If the court condemns United States foreign policy toward Israel, it could cause international embarrassment and undermine foreign policy decisions in the sensitive context of the Israeli-Palestinian conflict," defense counsel Jean Lin told Senior District Judge Jeffrey S. White.

Katherine Gallagher of the CCR countered that the court does, indeed, have a responsibility to step in: "Here, the question is a legal one, whether the actions undertaken by the United States failed to uphold the obligation to prevent genocide, and that is an active obligation that requires that the United States not provide the means by which a genocide is being furthered."

"There is no discretion for any state to evade its obligations, its legal obligations. These are not policy decisions," she said.

Palestinian plaintiffs share powerful testimonies before the court

After legal arguments in the case, Judge White heard two hours of gut-wrenching testimony from Palestinian plaintiffs and a renowned Holocaust and genocide expert.

Rubin Presidential Chair of Jewish History at Wake Forest University Dr. Barry Trachtenberg shared his remarks before the court in spite of vehement US government opposition.

"To have an event fall under the 1948 Convention on Genocide requires both action and intent, and here we see that very, very clearly in a way that seems really quite unique in history," he stated, noting that there is now an opportunity to stop Israel's unfolding genocide in real time to prevent further loss of lives...

Judge White said he would take the testimonies to heart as he evaluates his constitutional responsibilities, describing the case as "the most difficult judicial decision" he has ever had to make."

-via TAG24, January 26, 2024

-

Note: I know a lot of people are really not gonna appreciate that last line. I'm not thrilled with it either. But it is worth noting that having a federal court overrule the US president's huge foreign policy and military decisions would be an absolutely massive deal/precedent

This is a case that deserves to be ruled on with an incredible amount of seriousness, if only because if you're a federal judge who's going to make that call, your written decision/legal justification needs to be unimpeachable

That said, if the judge uses jurisdiction to pass the buck here and avoid his legal and human responsibility to do what he can to stop a genocide, I'm gonna be pissed

[matan4il]

Happy Pride month to all Jews and our true allies.

On this occasion, as someone who used to volunteer for the Jerusalem Open House (the gay community center) let me offer you a bit of info about our country's LGBTQ history (and correct some anti-Israel distortions).

This is Chaim (Herman) Cohen.

He was born in Germany in 1911, and came to Israel in 1930, to study torah at a yeshiva here. Inspired by his Jewish studies, he decided to turn to the study of law, returning to Germany for that goal and to get married. In 1933, with the rise of the Nazis to power in Germany, he decided to move to Israel permanently. In that sense, he's considered a refugee and Holocaust survivor. His younger brother Leo was murdered by the Nazis.

In 1950, he was appointed Israel's attorney general. In this role, he came across an anti-sodomy law passed by the British Mandate in 1936 (which prohibited all oral and anal sex, including between two men), and which the State of Israel automatically inherited once it was founded in 1948 (source in Hebrew). First he wanted to cancel it, but his jurisdiction fell short of that. As it was within his authority to instruct the Israeli police and state prosecution to ignore it, he did so in 1953. He explained his instruction:

"I thought it was my duty not to uphold a law, which I saw as immoral. [...] And if you should ask, in what is the immorality of the law prohibiting intercourse between men, I will reply to you that such a law against any consenting and private contact between adults contradicts the freedom of man over his own body, and depriving this freedom is a grave infringement against one of the basic human rights."

For comparison's sake, in March 1952, Alan Turing (who saved countless lives for the UK and the allies during WWII) was brought to trial for homosexual consensual private acts, was convicted, and his security clearance was revoked.

In 1978, a special committee of the Knesset (Israel's parliament) recommended several changes to laws addressing various sexual acts, including a recommendation to cancel this anti-sodomy law. In 1980, Israel's first right wing government, under the leadership of Prime Minister Menachem Begin, accepted the committee's recommendations with a corresponding bill (which eventually didn't pass). The bill was presented a second time in 1986, and was passed into law in 1988, decriminalizing same-sex intercourse in Israel (source in Hebrew).

For comparison's sake, in 1990, there were still over 110 jurisdictions in the world criminalizing homosexuality in the world. In the 2020's, RIGHT NOW, there are over 60 that still do.

This is Dr. Doron Maizel (may his memory be a blessing) on the left, with his partner Adir Steiner.

Doron was an army doctor. He was married to a woman with whom he had 3 daughters, before coming out to her in the late 1970's, getting a divorce and eventually openly moving in with his partner Adir. They were together since 1983. Being open about his sexual orientation meant that while Doron was allowed to serve, the same notion that gay men are a security threat (which was applied to Alan Turing), and therefore can't be allowed to serve in top/secret posts in the army, was to stop the promotion that he was about to get. Doron went to visit Ariel Sharon (at the time, Israel's right wing Security Minister, who's in charge of the army) in the latter's private home. IDK what was said in that meeting, but after that, Adir underwent the security check that all partners of a high ranking army officer do, and then Doron got his promotion. When Doron passed away in 1991 from cancer, Adir demanded to be and was recognized as an army widower. Doron's official army commemoration page states, "Left behind a mother, three daughters, a brother and a boyfriend."

Here's Adir with Doron's picture during a 2012 interview:

In 1993, the army order that were meant to prevent Doron and other gay soldiers from serving in certain posts was officially canceled. In 1999, a soldier born as male asked to serve as a woman, because that's what she actually was (this would have made this soldier's service shorter, and in that sense "cost" the army). The request was accepted, and since then, trans soldiers serve in the gender they identify with.

The story of Israel's LGBTQ rights isn't only glitter and fairies. Just like I can talk about a lot of progress that the state made in equalizing our rights in many domains (because I have), I could also talk about the rights we still don't have (because I've done that, too). The situation here isn't perfect (though as far as I'm aware, it isn't anywhere in the world, there are at least a few rights denied to the queer community in every country I know of). But when I look at our history, I feel like Israel isn't just one of the more queer-friendly countries in the world, it was also at certain moments at the very forefront of the struggle to recognizing queer people as deserving of equal treatment.

Which is maybe the most instinctual reason for my fury at the form of the Israel's demonization using the false notion of "pink washing." It is DERANGED to think Chaim Cohen, in 1953, gave his pro-gay instruction in relation to an occupation that Israel wasn't being blamed of until after the Six Day War in 1967, and which didn't gain attention from the regular people (as opposed to foreign politicians, who didn't give a shit about Israel's record on gay rights) until the Derben Conference in 2000. Not to mention how the idea that having a good gay rights record is something a country can brag about is probably even younger than that conference.

The pink washing accusation is de-humanizing. It suggests that it can't be that Israelis simply have a set of values which happens to align with the west's when it comes to the gay community (or women's rights, or ecological awareness, or freedom of speech, or any of the other positives Israel has, which position it high in the Freedom Index, and which anti-Israel activists label "washing" with one color or another). No, the history of these fields in the Jewish state is all about what non-Jews will say about us! It's like you can't fathom that we have an existence of our own, and minds of our own, and desires and wants and struggles of our own, and not everything is centered about what you think of us.

And the source of this self-centered thinking seems to connect with an inability to accept the Jewish state as anything other than the ultimate evil. Because Israel has to be the supervillain of the story, then it can't have a single positive. Everything about it has to be black, otherwise that challenges the black and white narrative that's been developed to demonize the Jewish state. So if it is revealed that there's any domain in which Israel is actually doing good things, reflecting a respect for human rights or a closeness to the values that the anti-Israel crowd claims to uphold, then it must be just a cover up for how Israel treats the Palestinians.

Essentially, the pink/purple/green/whatever washing accusations are as insane and antisemitic, just like claiming that Jews have won so many Nobel Prizes (a reflection of how much our people have benefited humanity) to distract the world from all the non-Jewish kids we kill to use their blood to bake Passover matzos.

But it's actually worse. Because in the process of demonizing Israel, Israeli Arab and Palestinian queers get thrown under the bus, too. As a gay activist, I'm familiar with so many gay and trans Israeli Arabs who get to have a good life thanks to Israel's good gay rights record, who are aware that if the anti-Israel crowd is successful in de-legitimizing and destroying this state, they're fucked as well. I know a lot of gay and trans Palestinians, who only catch a break when they come to the Jerusalem Open House, or generally to Israel, the only place where they can be themselves safely. I know so many queer Palestinians who are scared for their lives because of the violent intolerance of their own families, society and governments. And all the western countries from which the anti-Israel people come from refuse them entry as refugees persecuted for their sexual orientation (yes, I have gay Palestinian friends who have tried, only to be turned down by country after country, no matter how "liberal" or "pro-Palestinian" they officially claim to be).

Meanwhile, gay Palestinians can get temporary asylum in Israel (please don't tell me it's "pink washing" again, when no one from the anti-Israel crowd will even acknowledge this fact) if they fear for their lives, it's just not a proper solution, because just like Palestinian terrorists can get into Israel, carry out an attack and murder innocent civilians, Palestinian homophobes can get inside as well, and murder the queer people who had fled here.

And just to make reality a tad more complex, you know how for the anti-Israel crowd, the worst of the worst of Israeli society, are the religious ("Fanatic! Extremist! Violent!") settlers? I know of more than one case where those religious settlers are the ones who are helping gay Palestinians, but here's one that made it into the Israeli news.

Life is just not black and white, human nature is complex, Israel is a country where human beings are more than just their stance on the conflict and whether foreigners agree with it or not, and the "pink washing accusation" black and white washes all our colors away, trying to reduce us into caricatures that fit into their simplistic, reductive narrative, so they can go on playing "white/western/outsider savior" to the "poor Palestinians" without actually caring about many of the poorest, most marginalized ones.

This vid isn't a representation of all gay Israeli Arabs, but it's def a voice you will not see acknowledged on the anti-Israel side:

Happy Pride to everyone seeing us, all of us, Israelis and Palestinians, queer and straight, with all of our humanity and complexity!

(for all of my updates and ask replies regarding Israel, click here)

[mariacallous]

For Bezalel Smotrich, the head of Israel’s far-right Religious Zionism party, these are heady times. While the rest of Israel is preoccupied with the fighting in Gaza, the fate of the hostages held by Hamas, and Hezbollah’s pummeling of the country’s north, Smotrich has been realizing his dream of creating the conditions that will bring about Israel’s annexation of the West Bank. Indeed, the war has in many ways facilitated his plans.

The word “annexation” is rarely, if ever, uttered by Smotrich—who serves as a senior member of Prime Minister Benjamin Netanyahu’s cabinet. Without a shred of doubt about the Jews’ God-given right to the land between the Jordan River and the Mediterranean Sea, he regards the West Bank not as territory to be added to the State of Israel but as an inheritance that need only be claimed. As he told the Haaretz newspaper in an interview over seven years ago, a Palestinian state would be tantamount to partitioning Israel; absorbing the West Bank into Israel is “unification.” To talk about Israel annexing the West Bank would be like telling the North it was annexing the South after the Civil War in the United States.

In any case, the legal formalities involved in annexation are less important to Smotrich than creating the conditions that will bring it about. To do that, he is employing a two-pronged strategy that on the one side involves changing laws and creating a settler-friendly bureaucracy and on the other helping to foment violence and anarchy in the West Bank. As Smotrich has indicated many times, the signal event in the process of “unification” will be the collapse of the Palestinian Authority (PA), leaving Israel with no choice but to fill the vacuum and reassert control over the entire West Bank.

Smotrich’s main job in the government is finance minister, a powerful post that he has used to implement his policies. But he has a second and, for his purposes, far more important post as minister in the defense ministry, a job he was promised by Netanyahu when the current government was formed at the end of 2022. Smotrich is in effect minister of settlements with powers that extend, to a degree, over the lives of West Bank Palestinians as well.

Since it captured the territory in 1967, Israel has exerted control of the West Bank through a military occupation. The Israel Defense Forces (IDF), through its Civil Administration, has been responsible for the administration of justice and other civilian matters in the 60 percent of the West Bank not under the jurisdiction of the PA. The Civil Administration has long favored settler interests over Palestinians, but officially it remained a part of the military and made at least some effort to consider Palestinian needs. All that changed in February 2023, when a new Settlements Administration was formed with broad powers—including the authority to expropriate Palestinian land, to approve housing construction in settlements, to condemn Palestinian construction as illegal, and to retroactively authorize settlements that were built without government approval, popularly known as “outposts.”

As a civilian body, the Settlements Administration’s job is to promote the interests of Israeli citizens—which means the settlers. And the chief interest of the settlers is speeding up the pace of building and expanding settlements. More than that, the transfer of authority from the military to civilians amounts to a quiet and creeping de facto annexation. “It will be easier to swallow in the international and legal context so that they won’t say that we are doing annexation here,” Smotrich said in leaked remarks from a June 9 meeting with supporters, first published in the New York Times.

In recent weeks, Smotrich has cemented his control further, having Hillel Roth, a resident of the extremist settlement Yitzhar, made deputy head of the Civil Administration with authority over a grab bag of areas ranging from building regulations and water infrastructure to parks and outdoor public bathing locations.

Control over public bathing may seem like a minor business on par with dog catching. But it is not: A big part of the contest for the future of the West Bank is about demographics—increasing the settler population—and control of land. The Settlements Administration is meant to give the settlers the tools to do that more effectively. The natural springs that dot the West Bank serve Palestinian farmers as well as Israeli bathers and constitute one of many battlegrounds for control of the land and its resources.

But Smotrich’s campaign isn’t limited to the niceties of accelerated planning approvals: He has also used his powers to turn a blind eye to construction by settlers. A document obtained by the New York Times summarizing a March meeting of the IDF’s Central Command, which is responsible for the West Bank, warned that enforcement of construction regulations for settlers had all but disappeared since the establishment of the Settlements Administration; even court orders are ignored. Less than one-tenth of the 395 recorded cases of illegal construction last year resulted in a building being taken down, and nearly all of those involved a single case at an illegal outpost, the memo said. And that probably understates the extent of the problem. Because so many inspectors have been called up for reserve duty due to the war in Gaza, suspected violations are not even being investigated. Violators, the memo said, feel free to act knowing that there is no accountability.

The lawlessness among settlers in the West Bank has not been confined to illegal building. The most extreme of the settlers have taken advantage of a government dominated by the far right and the military’s preoccupation with fighting in Gaza to engage in unprecedented vigilantism. The U.N. Office for the Coordination of Humanitarian Affairs (OCHA) counted 968 attacks on Palestinians involving serious vandalism and injury in the months since the war began on Oct. 7, 2023. There have been only 10 confirmed cases of Palestinians killed in these incidents (compared with more than 500 in clashes with the military), but the pace if far faster than at any time since OCHA began keeping records in 2008—and the real number is likely higher.

While some of the settler violence has been about vengeance following Palestinian attacks, much of it has been about land. Especially in the Jordan Valley and in the area south of the city of Hebron, extremist settlers have seized control of large swaths of Palestinian pasture land by setting up roadblocks, erecting fences, and harassing shepherds. In many cases, whole communities of Palestinian herders have been forced to abandon their homes.

To be sure, Smotrich is not responsible for policing settler violence. The responsibility for that is shared by his far-right colleague, Itamar Ben-Gvir, who as minister of national security oversees the police—and by the military.

The police have never made much of an effort to investigate settler violence, but under Ben-Gvir all pretense of enforcement has been dropped. Ben-Gvir has been seeking, with a large degree of success, to politicize the Israel Police, pressing it to crack down on anti-government protesters while demanding that it stand aside when right-wing extremists attack trucks carrying aid to Gaza. In the West Bank, Ben-Gvir’s policies have given violent settlers carte blanche. A recent investigation by the New York Times found that of the three dozen cases it had looked into since Oct. 7 involving crimes ranging from theft of livestock to assault, not a single one had led to a suspect being charged.

As for the military, soldiers have been busy fighting in Gaza and on the northern border, as well as cracking down on Palestinian violence in the West Bank. The military says it doesn’t have the manpower to stop vigilante settlers. But the truth is, many of the commanders and soldiers in the regular and reserve military units stationed in the West Bank are sympathetic to the settlers; often they are settlers themselves. Moreover, after the Hamas attacks of Oct. 7, some 5,500 settlers were called up for reserve duty to protect their own communities. Many have taken advantage of the arms and uniforms they were issued to go beyond their official duties to set up roadblocks and attack Palestinians.

An incident near the Palestinian town of Aqraba in April captures the current state of lawlessness. Following the killing of a 14-year-old Israeli by Palestinians, settlers rampaged through the town and surrounding area, killing two residents (two more were killed later). The military initially said there were no soldiers present, although a Haaretz investigation said troops were there and didn’t intervene. Defense Minister Yoav Gallant later issued warrants putting five settlers into administrative detention—prison without trial—for periods ranging from three to six months. In response, Ben-Gvir railed against “Gallant’s persecution against the settlers.” The police have arrested no one.

For Smotrich, however, the collapse of the PA is his biggest priority. Here, his job as finance minister comes into play because the strategy is to strangle the authority financially. Smotrich has the power to do that because approximately 60 percent of the revenues the PA relies on to pay salaries and provide services come from customs and other taxes Israel collects in the PA’s name, transferring the money to Ramallah every month.

For some time, Israel had been deducting from these “clearance revenue” transfers the money that the PA spent supporting families of Palestinians held in Israeli prisons. Shortly after the war in Gaza began, Smotrich tripled the monthly deductions to as much as 600 million shekels—about 60 percent of the overall monthly transfer. In protest, the PA refused to accept any money, forcing it to cut civil servants’ wages by as much as 70 percent.

In late February, a face-saving formula was found under which Norway agreed to put the withheld funds in an escrow account, thereby giving the PA an excuse to take the money still available. Last month, however, Smotrich renewed his pressure campaign, calling on Netanyahu to stop all transfers and demanding that Norway return the escrow funds to Israel. More recently, he demanded steps be taken against the PA leaders, including expelling those found not to be living legally in the West Bank, restricting the movements of others and preventing them from traveling abroad—and charging some with incitement or support of terrorism.

Smotrich is no less determined to exacerbate the troubles of an already depressed Palestinian economy. That not only further pressures the PA financially but also may have the added benefit of coaxing Palestinians to emigrate. To that end, he and Ben-Gvir have also been able to block efforts to allow the approximately 150,000 West Bank Palestinians who had been working inside Israel before Oct. 7 to return to their jobs. By Palestinian standards, those jobs pay well, so their sudden disappearance has an outsized effect on household incomes and the economy.

Smotrich is now threatening to deal another blow to the Palestinian economy by halting the issuing of what until now were routine letters of indemnity to Israeli banks. The letters provide a legal shield to Israeli financial institutions working with their Palestinian counterparts in case some money ends up in the hands of terrorist groups. This correspondent banking relationship is critical to the Palestinian economy, enabling the annual flow of $10 billion of Palestinian exports and imports, all of which go through Israel. If Smotrich acts, it will bring the West Bank economy to its knees.

The defense establishment is opposed to most of Smotrich’s measures, worrying he is fanning the flames of another intifada, or Palestinian uprising. But it is largely helpless to prevent them so long as the political echelon doesn’t act. Even if Netanyahu wanted to stop Smotrich, he needs his ongoing support to keep his governing coalition intact. Smotrich’s party accounts for seven seats in the 120-member parliament. If he withdraws from the coalition, Netanyahu’s government would no longer have a majority.

Smotrich thus has a relatively free hand from his boss.

What he doesn’t have is a public mandate to pursue his program. His main annexation constituency is the settler population, which makes up no more than 10 percent of Israel’s total, and even its support for his annexation project is hardly wall to wall. Much of the settler population is made up of people who moved to the West Bank for economic reasons, including many thousands of ultra-Orthodox Jews. They are not thought to be wedded to the idea of Greater Israel. Among the overall population, support for annexation is far from overwhelming: A recent survey by Tel Aviv University found only about 38 percent of Jewish Israelis supported the idea (and only 14 percent very strongly); a majority opposed it.

Even far-right voters are seen to be unimpressed by Smotrich—preferring Ben-Gvir’s loud-mouthed thuggery over Smotrich’s careful (and often behind-the-scenes) calculations. If elections were held today, according to the most recent polls, Ben-Gvir’s Otzma Yehudit party would win nine seats in Israel’s 120-member parliament; Smotrich’s Religious Zionism wouldn’t receive enough votes to enter the Knesset at all. But then again, for him, the only vote that counts is cast in heaven, and Smotrich is confident he has it.

[salixj]

As part of the IDF’s efforts to secure of the Gazan side of the Rafah crossing, IDF soldiers came across incriminating evidence that at least part of the staff at the crossing also served in Hamas’s militia, the Al-Qassam brigades.

A worker’s pass from the Rafah crossing maintenance department was retrieved, belonging to a worker named Nasser Kamal Ghizan Abu Mousa, alongside another card of his depicting him as a member of Hamas’s Ezedeen Al-Qassam brigades. The Al-Qassam card also read “please facilitate the tasks of this card’s holder.”

A source at the IDF told the Jerusalem Post: “The IDF’s mission in the Rafah crossing revolves around cleansing the area from Hamas’s terror activity and to make sure that the goods brought into the Gaza Strip will make it to Gazan citizens, rather than Hamas terrorists.

“There are other terrorists linked to the crossing, which we will expose in the future,” added the source. “This is but one of a series of findings providing evidence to the fact that Hamas has been clandestinely running affairs de facto, exploiting the Gazan side of the Rafah crossing for its own survival.”

The source highlighted the fact that in the past weeks, IDF forces uncovered tunnel shafts in the area of the Rafah crossing, used by Hamas for attacking purposes. “This also demonstrates how Hamas exercised control over the vicinity of the crossing.”

DISPLACED PALESTINIANS, who fled Rafah as the IDF began evacuating civilians ahead of a threatened assault, travel on a vehicle in Khan Yunis, earlier this month. Israel has taken unprecedented measures to protect civilians, the writer asserts. (credit: Ramadan Abed/Reuters)

Hamas attacks entry points for humanitarian aid

In the same context, Hamas has been repeatedly firing rockets aimed at the Kerem Shalom crossing and the surrounding area from the Rafah crossing area, exploiting these areas to threaten aid convoys aimed at the citizens of Gaza.

Despite ruling the Gaza Strip de facto since the last round of elections and bloody coup over two decades ago, over the years Hamas officials have denied responsibility for their constituency in Gaza. In October, Hamas leader Moussa Abu Marzouk implied that Hamas’s tunnel network was meant to protect only Hamas members, while the rest of the citizens fall under jurisdiction of UNRWA or Israel.

Likewise, several Hamas leaders escaped the Gaza Strip to safety at their patrons’ in Doha or elsewhere few days prior to the October 7th massacre, to avoid facing Israeli retaliation.

[argyrocratie]

(...)

"Set the scene for us: what is the ICJ, and why is the hearing taking place there?

The 1945 UN Charter — signed by all UN members, including Israel — affirms that the ICJ is the UN’s supreme legal organ. The Constitution establishes two powers for the Court: issuing advisory opinions, and ruling in cases between states. The Court’s verdicts are binding on the states that have signed the UN Constitution. A state can agree in an ad hoc manner that a particular dispute will be litigated by the ICJ, or invoke signed treaties containing a clause that establishes ICJ jurisdiction over disputes relating to those treaties. 

Israel has always had reservations about the jurisdiction clause, and has refrained from agreeing to ICJ jurisdiction in all the hundreds of treaties it has signed, except one: the Genocide Convention. Article 9 of the Convention stipulated that if disagreements arise between the members over the Convention’s authority or interpretation, the ICJ is the place to hear them. 

ICJ decrees are enforced by the UN Security Council. Chapters 6 and 7 of the UN Charter allow for a range of sanctions against countries that violate the Court’s ruling, such as economic sanctions, arms embargoes, and military intervention. The latter is rare but it has happened, for example in the first Gulf War.

Why did Israel sign up to ICJ jurisdiction in the Genocide Convention?

I’m not a legal historian; I can only guess. Israel was one of the initiators of the treaty, and historically one can understand why Israel would have pushed for such a treaty in the late 1940s and early 1950s. Secondly, I think that back then, the popular Israeli notion that we do not let gentiles judge us had not yet developed. We are talking about an era in which the international system had recently decided to establish a Jewish state. Maybe there was a little more trust in that system back then.

What constitutes a violation of the Convention?

(...)

It is defined as an act of extermination, or creating conditions that will annihilate a particular group with the intention of eradicating that group or even a distinct part of it.

The Convention, which was integrated into Israeli law in 1950, states that a soldier or civilian who kills a person, even one, while aware that he is part of a system aimed at annihilation, is guilty of the crime of genocide. In Israeli law, the punishment for this is the death penalty. This also applies to those who conspire to commit genocide, those who incite genocide, and those who attempt to participate in genocide.

What is South Africa basing its lawsuit on?

South Africa bases its accusation on two elements. One is Israel’s conduct. It cites a great deal of statistics about the indiscriminate, disproportionate attacks on civilian infrastructure, as well as about starvation, the huge number of casualties, and the humanitarian catastrophe in the Strip — horrifying statistics that the Israeli public is barely exposed to, because the mainstream media here does not bring them to us.

The second and more difficult element to prove is intent. South Africa is trying to prove the intent through nine dense pages of references to quotes by senior Israeli officials, from the president to the prime minister, government ministers, Knesset members, generals, and military personnel. I counted more than 60 quotes there — quotes about eradicating Gaza, flattening it, dropping an atomic bomb on it, and all the things we’ve gotten used to hearing in recent months.

South Africa’s case does not rely only on the fact that some Israel leaders have made genocidal statements. It further charges that Israel has done nothing in response to these statements: it hasn’t condemned the statements, it hasn’t dismissed from office the people who expressed them, it hasn’t opened disciplinary proceedings against them, and it certainly hasn’t opened criminal investigations. This, as far as South Africa is concerned, is a very strong argument.

Even if we haven’t heard the IDF Chief of Staff or the General of the Southern Command say these things, and we don’t have an operational order that says, “Go and destroy Gaza,” the very fact that these statements have been made by senior Israeli officials without sanction or condemnation sufficiently expresses Israel’s intention.

South Africa also pulled a little legal stunt to get here, correct?

Yes. The jurisdiction of the Court is determined when a dispute arises between the parties over the interpretation or application of the Convention. South Africa sent several letters to the Israeli government saying, “You are committing genocide.” Israel responded, “No we aren’t.” So South Africa said, “Okay, we have a dispute over the interpretation of the Convention.” That’s how it got the authority.

What can we learn from similar ICJ cases in the past, such as those regarding genocides in Bosnia and Myanmar?

First of all, we know from these cases that the burden of proof on South Africa is significantly lower for obtaining an interim order than for ultimately proving that Israel is committing genocide. We also know that this case will continue for years: the Bosnia case took 14 years; Gambia v. Myanmar is still ongoing. But the procedure for an interim order is fast.

Gambia filed its case against Myanmar on behalf of the Organization of Islamic States. It asked for an interim order stating that Myanmar must cease its military operations [against the Rohingya people]. The Court ruled that at this stage of the hearings, it did not need to determine whether the crime of genocide had been committed. What it needs to decide is whether, without an interim order, there is a real danger that the prohibitions set out in the Genocide Convention will be violated.

An interesting interim order was issued in that case, which I think has a good chance of being issued to Israel as well — not in the context of military activity, but of incitement. The Court’s order also required Myanmar to take enforcement actions and submit reports to the ICJ and Gambia on what it was doing to prevent genocide. As for the cessation of Myanmar’s military activity, this matter went to the Security Council, where both Russia and China threatened vetoes, but Western countries imposed sanctions and a military embargo anyway.

So even if South Africa fails to make the Court issue an interim order to stop Israel’s military activity, it could be that in the context of incitement — which enjoys full immunity in Israel — the Court will say that Israel needs to do something.

(...)

I know lawyers don’t like to wager on the results of court hearings, but if the ICJ does produce an interim order, what will that mean for Israel?

If the Court issues an order, the question is of course whether Israel will obey it or not. Knowing Israel, I expect that it will not obey the order, unless it can present the ending of hostilities as the result of its own independent decision, unrelated to the Court order. 

There are good reasons for Israel to do this, because disobeying an ICJ order brings things to the UN Security Council. It’s true that the United States has a veto there, and therefore a resolution to impose sanctions on Israel would most likely be blocked. But vetoing an ICJ order regarding concerns that genocide is taking place would come at an enormous political price for the U.S. government, both domestically and internationally. 

The Biden administration wants to portray itself as a government that sees human rights as one of its pillars. So it is likely that the United States would only veto such a resolution while imposing a significant cost on Israel in order to justify doing so, such as allowing the residents of northern Gaza to return to their homes, or entering into negotiations over two states — I don’t know.

But even if the United States doesn’t use its veto in that scenario, an interim order from the ICJ is likely to cause Israel serious problems. 

There is such a thing as an international legal “deep state.” Jurists and judges listen to what important courts say. And when the ICJ, also known as the World Court, makes its rulings, national courts in most of the Western world take note. Therefore, if the ICJ rules that there is a danger of genocide being committed, I can imagine a British citizen turning to a British court and demanding that the UK cease trading arms with Israel. Another implication is that such an ICJ ruling would likely force the ICC’s chief prosecutor [Karim Khan] to open an investigation of his own.

(...)

Within what time period is the Court’s decision expected?

There are no set rules, but in the Gambia v. Myanmar case, there was a decision within a month. It should be remembered that this [Gaza] case will continue after the hearing on the interim order. Israel will have to present evidence that will exonerate it from the claim that it is committing genocide, but in doing so could get into difficulties with the ICC. For example, it may explain that it bombed a certain place because it was pursuing a military objective, but it may thereby make admissions that create a basis for the claim that it used disproportionate force."

...

[the-garbanzo-annex-jr]

By Josh Christenson

House Republican Conference Chair Elise Stefanik called Monday for Congress to sanction the International Criminal Court following prosecutors’ announcement they will seek an arrest warrant against Israeli Prime Minister Benjamin Netanyahu.

“The ICC is an illegitimate court that equivocates a peaceful nation protecting its right to exist with radical terror groups that commit genocide,” Stefanik (R-NY) told The Post.

“Congress must pass my bill with Congressman Chip Roy, the Illegitimate Court Counteraction Act, that will punish those in the ICC that made this baseless undemocratic decision.”

7Rep. Elise Stefanik (R-NY) met with Israeli Prime Minister Benjamin Netanyahu on Monday morning as the ICC announced warrants against him for crimes against humanity.X / @EliseStefanik

ICC chief prosecutor Karim A.A. Khan announced the filing of arrest warrant applications against both Netanyahu and Israel Defense Minister Yoav Gallant for allegedly committing crimes against humanity during the Jewish state’s seven-month-old war against Hamas in Gaza.

Earlier this month, Stefanik and Roy (R-Texas), responding to reports that the warrants would be sought, introduced the Illegitimate Court Counteraction Act to revoke visas for ICC officials who investigate or prosecute US officials or American allies.

The bill also revokes visas for any other ICC employees or their immediate family members acting on behalf of such an investigation or prosecution.

Israel, like the US, does not officially recognize the ICC’s authority, giving it no jurisdiction over Netanyahu or Gallant, as South Bronx Rep. Ritchie Torres (D-NY) pointed out.

“The decision to seek arrest warrants is not law but politics. It is not justice but rather retribution against Israel for the original sin of existing as a Jewish State and the subsequent sin of defending itself amid the deadliest day for Jews since the Holocaust,” Torres said on X Monday.

[workersolidarity]

[ 📹 "We say a word to Biden, these are Biden's missiles which he supported Netanyahu," a Palestinian man says after pulling the dead body of a child out of the ruins of a destroyed house targeted by the Israeli occupation army in an airstrike.]

🇮🇱⚔️🇵🇸 🚀🏘️💥🚑 🚨

211 DAYS OF GENOCIDE IN GAZA: SECURITY COUNCIL MEETS OVER MASS GRAVES, CHRISTIAN PALESTINIANS BLOCKED FROM WORSHIP, THREATS AGAINST ICC, BOMBARDMENT CONTINUES UNABATED

On the 211th day of "Israel's" ongoing special genocide operation in the Gaza Strip, the Israeli occupation forces (IOF) committed a total of 3 new massacres of Palestinian families, resulting in the deaths of at least 32 Palestinians, mostly women and children, while another 41 others were wounded over the previous 24-hours.

It should be noted that as a result of the constant Israeli bombardment of Gaza's healthcare system, infrastructure, residential and commercial buildings, local paramedic and civil defense crews are unable to reach countless hundreds, even thousands of victims who remain trapped under the rubble, or who's bodies remain strewn across the streets of Gaza.

This leaves the official death toll vastly undercounted, as Gaza's healthcare officials are unable to accurately tally those killed and maimed in this genocide, which must be kept in mind when considering the scale of the mass murder.

In today's news from the State of Palestine, the United Nations Relief and Works Agency for Palestine (UNRWA) declared that the Israeli occupation's war in Gaza is also a war on women.

In a post on the social media platform X, the UNRWA stated that "over 10'000 [Palestinian] women have been killed and 19'000 injured" in the Israeli occupation's ongoing genocide in the Gaza Strip, while at least "37 children lose their mother every single day."

"Conditions are appalling, [over] 155'000 pregnant or breastfeeding women [are] faced with severely limited access to water and sanitary items," UNRWA added.

At the same time, the International Criminal Court (ICC) issued a statement which was also published on the social media platform X, in which the Court declared recent attempts by the United States and the Israeli entity to threaten and intimidate the Court out of issuing arrest warrants against members of the Israeli leadership to be a potential "offense against the administration of justice."

According to the statement, the ICC seeks to "engage constructively" when dialogue is "consistent with its mandate under the Rome Statute" in order to "act independently and impartially."

"That independence and impartiality are undermined, however, when individuals threaten to retaliate against the Court or against Court personnel should the Office, in fulfillment of its mandate, make decisions about investigations or cases falling within its jurisdiction. Such threats, even when not acted upon, may also constitute an offence against the administration of justice under Art. 70 of the Rome Statute," the UNRWA statement reads.

The ICC said this provision explicitly prohibits both "retaliating against an official of the Court on account of duties performed by that or another official" and "impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties."

"The Office [of the ICC] insists that all attempts to impede, intimidate or improperly influence its officials cease immediately," the ICC statement concludes.

While the ICC endures threats from the Israeli occupation and its US ally, the United Nations Security Council (UNSC) will meet for a closed-door hearing about the discovery of mass graves at the Nasser and Al-Shifa medical complexes in the southern and northern Gaza Strip respectively, at the request of the member-state, the Republic of Algeria.

The UNSC will meet on Tuesday, May 7th, 2024 to be briefed on the mass graves, while the United Nations Secretary-General Antonio Guterres continues to call for an independent investigation into the horrific incident.

The mass graves were discovered following the withdrawal of the Israeli occupation army from both hospitals, after which at least 500 shallowly-dug graves were found at Al-Shifa Hospital, in the Al-Rimal neighborhood of Gaza City, while another 395 decomposing bodies of Palestinian civilians and medical staff were discovered at the Nasser medical complex in Khan Yunis, in the southern Gaza Strip.

In other news, the Israeli occupation, on Saturday, blocked Palestinian Christians from entering the Holy Sepulchre, an 800 year-old, 4th Century Church in the Old City of occupied Al-Quds (Jerusalem).

According to local sources, occupation police forces restricted access to the Holy Sepulchre, tightening regulations and procedures, and obstructing the crossing of Christian Palestinians from entering the church to perform ancient rituals and to worship.

Meanwhile, the Israeli occupation forces (IOF) continued their slaughter of Palestinian civilians in various axis of the Gaza Strip on Friday and Saturday, killing and maiming dozens of Palestinians, including children.

In one example, IOF warplanes bombarded two residential apartment complexes in the Al-Geneina neighborhood, east of Rafah City, in the southern Gaza Strip, resulting in the martyredom of three Palestinian civilians, in addition to wounding several others.

Similarly, occupation aircraft bombed a residential home belonging to the Muammar family in the town of Al-Nasr, northeast of Rafah.

Additionally, local civil defense personnel said they'd recovered the bodies of 7 martyrs from the Khan Yunis Governate, in the south of Gaza, most of whom died during the IOF occupation of the city, prior to their withdrawal.

Israeli occupation fighter jets also bombed and destroyed the Abasan municipal building in an airstrike.

Elsewhere, the Zionist occupation army targeted a residential building belonging to the Al-Bilbisi family in the vicinity of the Central Police Station on Salah al-Din Street, in the central Gaza Strip, killing two civilians and wounding 5 others, while occupation artillery forces shelled near the Wadi Gaza area, north of the Nuseirat Refugee Camp.

At the same time, occupation air forces bombarded a residential home belonging to the Al-Baz family, in the Al-Maghazi Refugee Camp, in the central Gaza Strip, while another bombing targeted a gathering of civilians in the Al-Bassa neighborhood, west of Deir al-Balah, killing a civilian and wounding a number of others.

In yet another criminal atrocity, IOF warplanes bombed a house belonging to the Al-Hourani family on Ahmed Yassin Street in the Al-Saftawi neighborhood in Gaza's north, resulting in the murder and wounding of 7 Palestinian civilians.

Further occupation bombardments targeted in the vicinity of the Abu Al-Khair Mosque in Jabalia al-Balad, in the northern Gaza Strip, injuring two children.

Intense explosions and gunfire were also heard coming from the Shuhada Junction area, south of Gaza City, while occupation artillery forces fired a multitude of shells towards the Al-Zaytoun neighborhood, southeast of Gaza City, resulting in several casualties among local civilians.

At the same time, IOF warplanes bombed and shelled two residential homes in the Sheikh Ajlin and Tal al-Hawa neighborhoods of Gaza City, and also targeted a civilian house in the Ard Al-Shanti area of the Sheikh Radwan neighborhood, north of Gaza City.

The Israeli occupation's war crimes continued when an air raid targeted the Popular Committees for Securing Aid, in the education area of the northern Gaza Strip, resulting in a number of casualties.

Zionist artillery detatchments then fired an intense bombardment targeting the town of Beit Lahiya, in Gaza's north.

A Palestinian civilian was also killed after falling from a destroyed building while attempting to gather food and supplies following an air drop of humanitarian aid in northwestern Gaza.

As a result of "Israel's" ongoing special genocide operation in the Gaza Strip, the death toll among the civilian population has risen to exceed 34'654 Palestinians killed, including over 14'500 children and upwards of 10'000 women, while another 77'908 others have been wounded since the start of the current round of Zionist aggression, beginning with the events of October 7th, 2023.

May 4th, 2024.

#source1

#source2

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#source7

#source8

#videosource

@WorkerSolidarityNews

[good-old-gossip]

U.S. Government is EMBODIMENT of EVIL

The US is considering a legal bid to question the International Criminal Court’s (ICC) authority in seeking arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his defence minister over alleged war crimes in Gaza, Middle East Eye can reveal.

A US official briefed on the matter told MEE that the Biden administration is considering submitting an amicus curiae to the ICC, voicing its staunch opposition to the decision of the court’s chief prosecutor to seek arrest warrants for the Israeli officials, despite the US not being a signatory to the treaty that created the court.

The deliberations, not previously reported, come amid a lobbying campaign at the highest levels of the Biden administration to prevent the UK from dropping its legal appeal against the ICC.

The US official, who spoke to MEE on condition of anonymity, said US Secretary of State Antony Blinken personally asked his UK counterpart, David Lammy, to continue challenging the court’s jurisdiction over Israeli citizens.

Blinken raised the ICC case with Lammy on Tuesday on the sidelines of the Nato summit in Washington, DC.

The Biden administration’s lobbying has picked up pace because Keir Starmer’s new Labour government faces a 26 July deadline on whether to pursue the challenge that the country’s former conservative government initiated.

The State Department didn't respond to MEE's request for comment on whether the administration was considering a legal bid to weigh in on the ICC's jurisdiction over Israel.

The ICC allows an amicus curiae to be filed by a state, NGO or an individual. It's unclear whether it will sway the ICC, which has submitted its own amicus curiae to the US Supreme Court in the past.

The ICC has the discretion to invite parties it considers to have an interest in a particular case to submit an opinion.

Any US decision to officially assert its opposition to the move is likely to be symbolic.

The Biden administration has made no secret of its objection to the court’s decision to seek arrest warrants for Netanyahu and Israeli Defence Minister Yoav Gallant, alongside senior Hamas officials in the Gaza Strip.

[protoindoeuropean]

ok so the slovenian government announced today it will participate in the ICJ proceedings against israeli occupation of gaza and the west bank, which is based on a december 2022 UN resolution and is thus separate from the SA genocide case {wiki page}

there have been calls for slovenia to intervene in the genocide case too, to which the minister of foreign affairs has said that "Slovenia supports the proceedings regarding the violations of the Genocide Convention both in the case of Ukraine and Palestine ...", but that it is not yet possible to intervene as the court has to first decide whether it has jurisdiction over the case or not (her statement of support is also not an official position of the country afaict) {x}. she said that the decision will be made at the governnent level {x} (i.e. she evaded the question, but the fact the she hasn't dismissed it is positive, and both the pm and the president as a rule follow her lead, not the other way around; not to mention that the left party, a coalition member, has been very vocal about how slovenia is not doing enough, how we should recognize the state of palestine, apply the bds measures etc., so that's a force pushing in that direction as well). the ambassador to the UN security council said that slovenia regards the case "with great interest" {x}

considering the fairly consistent discourse of slovenian foreign policy on the israel-palestine conflict and especially the expressed need for principled and consistent political positioning during the slovenian mandate in the UN security council, i am moderatly optimistic that it might actually intervene in the case

fajon can be quite frustrating, because you really have to comb through what she's saying to find anything of substance, but i have been surprised at times by her discourse in the past few months, for example when she said that if not the EU as a whole, then a smaller group of like-minded countries within the EU could jointly recognize the state of palestine "when the time is right" (– slovenian politicians have been waiting for the right time to recognize palestine for literally a decade, but in this context specifically fajon has said that the condition for that to happen is permanent ceasefire) {x}, or when she explitictly designated the attacks on schools and hospitals and critical infrastructure as severe violations of international humanitarian law – apparently she appeared on CNN a few days ago where she said that Israel was "definitely" in the breach of international humanitarian law {fb link to the video} {x}, which reportedly made israel angry, but she'd already said the same thing in the UN security council chambers a month ago {x}, so that wasn't new for them and she'd been saying that since november at least {x}. i was also really positively surprised when in the context of the exchange of hostages she designated the palestinian prisoners as political prisoners {x} (only in a podcast, but still)

ofc this is still far from ideal, much more decisive measures would be needed (cf. what the left party wants above) and they'd be more effective too, imho, but this is honestly more than i expected from a politician who, idk – i suspect! – wants to present our country as a potential mediator in the conflict and thus doesn't want to step on israel's toes too much, or at least wants to keep the image of a "reliable partner" with regards to the us, still, while going as far as possible in (what she thinks might be) toeing the line

[zvaigzdelasas]

The Israeli military’s repeated, apparently unlawful attacks on medical facilities, personnel, and transport are further destroying the Gaza Strip’s healthcare system and should be investigated as war crimes, Human Rights Watch said today. Despite the Israeli military’s claims on November 5, 2023, of “Hamas’s cynical use of hospitals,” no evidence put forward would justify depriving hospitals and ambulances of their protected status under international humanitarian law.[...]

These ongoing attacks are not isolated. Israeli forces have also carried out scores of strikes damaging several other hospitals across Gaza. WHO reported that as of November 10, 18 out of 36 hospitals and 46 out of 72 primary care clinics were forced to shut down. The forced closure of these facilities stems from damage caused by attacks as well as the lack of electricity and fuel.[...]

Hospitals and other medical facilities are civilian objects that have special protections under international humanitarian law, or the laws of war. Hospitals only lose their protection from attack if they are being used to commit “acts harmful to the enemy,” and after a required warning. Even if military forces unlawfully use a hospital to store weapons or encamp able-bodied combatants, the attacking force must issue a warning to cease this misuse, set a reasonable time limit for it to end, and lawfully attack only after such a warning has gone unheeded. Ordering patients, medical staff, and others to evacuate a hospital should only be used as a last resort. Medical personnel need to be protected and permitted to do their work.[...]

The Israeli government should immediately end unlawful attacks on hospitals, ambulances, and other civilian objects, as well as its total blockade of the Gaza Strip, which amounts to the war crime of collective punishment, Human Rights Watch said. Hamas and other Palestinian armed groups need to take all feasible precautions to protect civilians under their control from the effects of attacks and not use civilians as “human shields.”[sic][...]

The International Criminal Court prosecutor has jurisdiction over the current hostilities between Israel and Palestinian armed groups that covers unlawful conduct by all parties. The ICC’s Rome Statute prohibits as a war crime “[i]ntentionally directing attacks against … medical units and transport.” Israeli and Palestinian officials should cooperate with the commission and the ICC in their work, Human Rights Watch said. The United States, United Kingdom, Canada, Germany, and other countries should suspend military assistance and arms sales to Israel as long as its forces continue to commit widespread, serious abuses amounting to war crimes against Palestinian civilians with impunity. All governments should demand that Israel restore the flow of electricity and water to Gaza and allow in fuel and humanitarian aid, ensuring that water, food, and medication reach Gaza’s civilian population.

“Israel’s broad-based attack on Gaza’s healthcare system is an attack on the sick and the injured, on babies in incubators, on pregnant people, on cancer patients,” Ahmed said. “These actions need to be investigated as war crimes.”

14 Nov 23

[knuckleduster]

"On the night of August 6, 2022, Israeli soldiers drove into the Palestinian village of Susiya in the South Hebron Hills of the occupied West Bank. They handcuffed and blindfolded Nasser Nawaja, a longtime activist and advocate for Palestinian residents in the region. Soldiers took Nawaja to a military facility, where he was kept—still handcuffed and blindfolded—for twelve hours, before being brought in for interrogation with the Shin Bet. The Israeli officer asked Nawaja about his activism and demanded that he “stop causing trouble,” before releasing him home. Nawaja had been through this before. As a leading advocate against the planned expulsion of his community of over 350 Palestinian residents of Susiya, he has been routinely retaliated against by Israeli forces. The primary reasoning behind the impending expulsion of Susiya residents: an Israeli archeological site on village lands.

At Susiya, archeological digs are used to service the expansion of Israeli military control and Jewish-Israeli settlement. Palestinians have lived in the village of Susiya since at least the early twentieth century; the Israeli military government itself initially recognized the village, as well as the documentation validating the Palestinian private ownership of much of its lands. Yet under the aegis of archeological research—and with the aid of Israeli universities—this recognition has gradually been entirely rescinded. Joint military and archeological surveys and mapping of the area around the village of Susiya began in 1969 and excavations commenced in 1971. The digs were pioneered by the Institute of Archaeology at Hebrew University. The first Israeli academic archeological center, it was established as its own institute, with no coincidence, in the wake of Israel’s occupation of Palestinian Territory in 1967. Hebrew University archeologist Shmarya Guttman oversaw the digs, through which Israel claimed to have uncovered the ruins of a synagogue and a Jewish town that date back to the fourth century CE.

Since the first digs at Susiya, archeological research and Jewish-Israeli settlement have expanded in tandem. Akiva London, who participated in the digs under Guttman and would later become an archeologist at Bar-Ilan University, returned to the area in 1981 as one of the founding members of the settlement Carmel overlooking Susiya. Recalling the decision to establish Carmel, London explained that he came to know the location through the archeological excavations and became concerned that the area was “entirely empty of Jewish settlement.” In 1983, following the expansion of excavations, Jewish settlers established a settlement adjacent to the archaeological site. In an attempt to erase the contemporary Palestinian village, they named the Jewish settlement Susya and declared that they were “reclaiming” Jewish presence on the land. London was one of the leaders of the development of the archeological site at Susiya and later moved his family to the settlement of Susya.

This explicit use of proximity to an archeological research site to expand settlement construction proved only the first step. In 1986, the Israeli military occupation administration, euphemistically called the Civil Administration, officially recognized Susya as a national archeological site. Following this decision, Israel expelled Palestinian residents of Susiya who had lived there for generations and transferred some of their privately owned lands to the jurisdiction of the settlement of Susya. Archeological excavation in Susiya led by Israeli academics has continued through the 1990s. The digs at the village of Susiya were expanded by the Israeli Antiquities Authority as well as by Hebrew University professors Yizhar Hirschfeld and Avraham Negev. Ruins of a mosque were also found on the very same site as the synagogue, yet these were swiftly erased from the historical record; there is no mention of them in official documentation or at the site itself. The Israeli state narrative about Jewish and Muslim life at Susiya has been selectively and unscientifically shaped by Israeli archeologists. Israeli research on Susiya has focused almost exclusively on the time between the first Byzantine and the Islamic periods, when the city was settled by Jews. Research and documentation of life in Susiya during the Muslim periods were not conducted, and archeological layers of the site covering the last 500 years of the city—including generations of Palestinian life at the village—were almost entirely destroyed.

This historical and contemporary removal of Palestinians is ongoing. Since Israel’s expulsion of the Palestinian residents of Susiya from their original village in 1986, they have resided on their agricultural lands. The Israeli military has since repeatedly expelled them. Each time they have returned to increasingly smaller plots of their lands, because Jewish-Israeli settlers have replaced them. In parallel, Israeli settlers have expanded thesettlement of Susya and built two new unauthorized settlement outposts, one of which was established on the lands of the archaeological park of ancient Susiya. Archaeological arguments have meanwhile been repeatedly used to justify the Israeli settler and military occupation of Susiya’s lands."

Maya Wind, Towers of Ivory and Steel: How Israeli Universities Deny Palestinian Freedom (Verso Books, 2024). (p 36-39)