Elder of Ziyon The ICC is Nothing but a House of Cards (Vic Rosenthal) |
- The ICC is Nothing but a House of Cards (Vic Rosenthal)
- 02/10 Links Pt2: Matti Friedman: The New Alliance Shaping the Middle East Is Against a Tiny Bug; Former NBA Star Amare Stoudemire Talks to Yeshiva University Students About Judaism and Playing in Israel
- American Jews Voted for This: The Story of a Nation, Amcha (Judean Rose)
The ICC is Nothing but a House of Cards (Vic Rosenthal) Posted: 10 Feb 2021 07:30 PM PST Vic Rosenthal's weekly column Today, Israelis, from the Prime Minister to almost any IDF soldier, are in legal jeopardy as a result of the overreach of arrogant international institutions and an overly-expansive idea of international law. In its simplest form, international law is based on the (supposedly) universal acceptance of the principle that a nation should honor its agreements with other nations. If, for example, Iran signs the nuclear non-proliferation treaty and then develops nuclear weapons, it is in violation of international law. When a country joins the UN, it agrees to be bound by the UN Charter (which, for example, forbids the "threat or use of force against the territorial integrity or political independence of any state"), and by certain kinds of Security Council resolutions. In these contexts, international law depends on consent: a nation is not bound to follow any laws that it hasn't agreed to. There is also something called "customary international law." That refers to principles that are not covered by treaties, but are unwritten rules based on the customary behavior of states and a subjective opinion of obligation. One area in which it is applicable is where non-state actors are concerned, who are not members of the UN and have not signed any treaties. So Hamas' use of human shields can be considered a violation of customary international law even though Hamas is not a member of the UN and has not signed any of the protocols of the Geneva Conventions. Here there is no consent. But even when customary international law is applied to states the question of consent can become murky, since there are no agreed-to treaties to refer to. The difference between the laws of states and international law is most pronounced when you consider interpretation and enforcement. States establish domestic courts that interpret their laws and determine when someone is in violation of them. They have jurisdiction over all the residents of a country and their decisions are binding. A state can use force to enforce them. For international law, jurisdiction is limited by the principle of consent and enforcement is more complicated. There are international courts. The UN has established an International Court of Justice (ICJ), which can adjudicate disputes between nations in the framework of international law. In order for the ICJ to do so, either the nations involved must explicitly consent, or they must have signed treaties that include clauses that require such adjudication of disputes. The ICJ can also give advisory opinions to various UN agencies when asked to do so. Such opinions are not binding on the nations involved. For example, in 2004, the ICJ produced a highly politicized advisory opinion for the UN General Assembly, holding that Israel's security barrier violated international law and construction of it should stop. Israel cooperated with the court by providing testimony, but was not required to do so or to accept its judgment. There is also an International Criminal Court (ICC). The ICC is not a part of the UN; it was established in 2002 by a multilateral treaty called the Rome Statute and is financed by contributions from its member states. The ICC can try individuals (not states) who are accused of serious crimes like genocide, crimes against humanity, or war crimes. The ICCs jurisdiction is limited to crimes committed within the territorial area of states that have adopted the Rome Statute or declared their acceptance of its jurisdiction; or crimes committed by nationals of those states; or in special cases referred by the UN Security Council. 123 states have signed on to it and 42 (including the US and Israel) have not. Note that the criterion for jurisdiction seriously undermines the principle of consent. The court can prosecute a citizen of a particular country whether or not that country is a member of the Rome Statute, as long as the offense was committed in a country that is a member. The ICC can prosecute someone only if it decides that "national justice systems do not carry out proceedings or when they claim to do so but in reality are unwilling or unable to carry out such proceedings genuinely." It can prosecute anyone, even if they are a head of state or a soldier who is required to follow orders. So far it has indicted 44 people, mostly for crimes committed in several African conflicts. The ICC can issue arrest warrants which may be executed by member states, or any state that cooperates with it. Arrested persons can be tried at the Court's headquarters in The Hague, Netherlands. If convicted, they can be sentenced to prison terms up to and including life imprisonment, which can be served in cooperating countries. As you probably know, the ICC's head prosecutor has announced that the Court would initiate a criminal investigation against Israelis and (presumably) Hamas members for war crimes committed during 2014's Operation Protective Edge and the defense of the Gaza border, as well as Israel's settlement policy. The prosecutor claims that the Court has jurisdiction over Gaza and Judea/Samaria, even though "Palestine" is not a sovereign state and Israel is not a party to the Rome Statute. A pre-trial panel of judges decided that "The State of Palestine" had joined the Rome Statute in 2015, and that therefore – although the Court didn't wish to decide the question of whether "Palestine" is a state – the very fact that it had joined the statute implies that it can be treated as a "state party" to the Statute. Once a "state party," it would be unfair to deny it any of the rights and privileges accruing to one! (See pars. 89-113 of the decision linked above). Sometimes an argument is so bad, it's hard to even restate it. But since "Palestine" isn't actually a state with borders, how do we know that the "crimes" were committed within its borders? Easy, say the ICC judges: UN General Assembly Resolution 67/19, which admitted "Palestine" to the UN as a "Non-member Observer State" in 2012 says that "Palestine" includes the Gaza Strip and the "West Bank." QED. Regarding the UNGA, I don't think I have to add anything to Abba Eban's well-known comment, "If Algeria introduced a resolution declaring that the earth was flat and that Israel had flattened it, it would pass by a vote of 164 to 13 with 26 abstentions." The Kafkaesque ICC decision, 60 pages of mumbo-jumbo intended to obscure the intention to pillory Israel and punish Israelis, proves that the ICC is "nothing but a pack of cards," in the words of Lewis Carroll's Alice. And this illustrates how, at least in the realm of nations, politics trumps law. It illustrates why the expansion of international law beyond the principle of consent is dangerous. And – as if any more such illustrations are needed – it shows how important international institutions are viciously biased against one particular country, which just happens to be the one Jewish state. | ||
Posted: 10 Feb 2021 03:00 PM PST From Ian: Matti Friedman: The New Alliance Shaping the Middle East Is Against a Tiny Bug In Mr. Ben Hamozeg's office near Tel Aviv, the chief executive opened the sensor app on his cellphone and showed me an orchard in a Gulf country that doesn't have open ties with Israel. He zoomed in with a finger and a thumb: A farmer there has a weevil infestation in four trees in the northwest corner of his orchard. It was even more striking to see, in a nearby Arab power that also has no official relations with Israel, 100 sensors showing a nine-tree infestation just a few miles from one of Islam's holiest sites.Seth Frantzman: UAE's Mars mission is a gamechanger for MidEast, Israel - analysis The United Arab Emirates' mission to Mars is a major achievement for the Gulf country and comes seven months after the country launched its first interplanetary mission.Former NBA Star Amare Stoudemire Talks to Yeshiva University Students About Judaism and Playing in Israel Veteran NBA player Amare Stoudemire talked to students of Yeshiva University in New York about his career, his life as an observant Jew, and maintaining a close connection to God. Hitler's Palestinian Ally: Grand Mufti Amin Al-Husseini The official record of the meeting states that Hitler assured the mufti that he would carry on "the battle to the total destruction of the Judeo-Communist empire in Europe." Eventually, when the German army would reach the southern exit from Caucasia, the Fuhrer would "give the Arab world the assurance that its hour of liberation had arrived" and destroy "the Jewish element residing in the Arab sphere under the protection of British power."Historians debunk myth of protective wartime sultan Did the wartime sultan of Morocco protect the Jews? For some years now historians have been gnawing away at the myth that the sultan prevented the deportation of the Jews to death camps and even wore the yellow star.Vaccine reduces spread risk even before 2nd shot, Israeli study indicates Vaccinated people become far less of a COVID transmission risk even before receiving their second dose, a new "game-changing" Israeli study has concluded.Israel's Teva Pharm in talks to co-produce COVID-19 vaccines Israel's Teva Pharmaceutical Industries is in talks with COVID-19 vaccine makers to co-produce some shots, chief executive Kare Schultz told Reuters on Wednesday.Web search data and help from Israel mean England can catch COVID spikes early An Israel-based epidemiologist has been helping English health officials to detect COVID-19 outbreaks some 17 days before they happen, by monitoring popular Google searches.Federal Court Rejects New York Gov. Cuomo's Capacity Restrictions on Houses of Worship The Brooklyn District Court struck down on Tuesday New York Governor Andrew Cuomo's capacity limitations on the houses of worship in the state, the Jewish Telegraphic Agency reports.Scientists fighting coronavirus among 2021 Wolf Prize Laureates The Wolf Prize, granted to those who have made unique contributions in the arts and sciences, was awarded at a ceremony hosted Monday by President Reuven Rivlin. Among the new Wolf Prize Laureates are three scientists whose groundbreaking work with RNA has contributed to Israel's fight against the coronavirus pandemic.BBC's 'World at One' inaccurate on Israel vaccination numbers Listeners to BBC Radio 4's 'World at One' on February 8th heard a report concerning Israel's vaccination programme which was introduced by presenter Sarah Montague as follows:Activist Marc Lamont Hill Says Black Lives Matter Supports the 'Dismantling of the Zionist Project' Marc Lamont Hill, an American academic and activist who has previously drawn fire for advocating the eradication of Israel, told a virtual discussion hosted by the Democratic Socialists of America (DSA) that the Black Lives Matter movement supports the "dismantling of the Zionist project."PreOccupiedTerritory: Democrats Reassure Leftists Their Antisemitism Doesn't Count (satire) Leading Congressional and White House figures sought to calm fears this week that the government's adoption of the International Holocaust Remembrance Alliance working definition of antisemitism means they will cease to run cover for Jew-haters in their midst and among their allies, party officials have disclosed.
Church Official Declares War on Israel and Its Supporters Rev. Frank Chikane, moderator of the Commission of the Churches on International Affairs (CCIA) of the World Council of Churches (WCC), declared war on Israel and its supporters during a Zoom call on Saturday, February 6, 2021. He leveled a hostile and incendiary assault on the legitimacy of the Jewish state, and an implicit threat against those who support it,UC Irvine student government passes BDS legislation The University of California, Irvine (UCI) student government passed legislation on Tuesday night divesting from companies that work with Israel, including Lockheed Martin, Boeing, 4M and Ford, among others.
Gov't calls on social media companies to label antisemitic content A government task force has called on social media companies to label antisemitic content posted on their sites and train content monitors about antisemitism in order to combat online anti-Jewish hate speech.
'Poland Cannot Hide The Truth:' Anger Among Jewish Leaders as Warsaw Court Orders Holocaust Scholars to Apologize for Alleged Libel The ruling on Tuesday by a Polish court against two leading scholars of the Holocaust on trial for libel sent a chill throughout the Jewish world, as community and academic leaders warned that independent research into the Nazi persecution of the Jews during World War II would be stifled as a consequence.Portuguese hero in hot water over anti-Semitic tweet Rodrigo Sousa Castro, one of the leaders of the 1974 Portuguese Revolution and a national hero in the country, sparked controversy this week with a grossly anti-Semitic tweet.Police Investigate Defacing of Synagogue in Spokane, Washington With Antisemitic Daubings Police in Spokane, Washington are investigating a hate crime after swastikas were daubed on a synagogue in the city's South Hill neighborhood on Monday morning.StandWithUs: Antisemitism during "Big Brother" show in Portugal A participant of Big Brother Portugal was expelled for performing the Nazi salute several times during a live airing of the show. Such an act undermines the millions of lives lost during the Holocaust. WATCH: Gal Gadot receives gift from Jennifer Lopez Like her Wonder Woman character, Gal Gadot is on a mission: create a movement to bring good to the world. Technion, foodtech startup serve up world's first bio-printed ribeye steak In another step toward viable, sustainable meat production, Israeli foodtech startup Aleph Farms and the Faculty of Biomedical Engineering at the Technion-Israel Institute of Technology have successfully cultivated the world's first slaughter-free ribeye steak, the company announced Tuesday.Tom Gross: Conversations with friends: Ariana Neumann (Venezuela / Prague / London) Growing up in a comfortable Caracas home, surrounded by joy, gaiety and the 'birds of paradise' -- and a father so revered that he had streets named after him in Venezuela -- Ariana Neumann willed an adventure to come her way. But nothing could have prepared her for the true-life story which was to unfold upon her beloved father's death, back into the darkest depths of human history. Tom Gross speaks to Ariana about her life growing up, and her discovery upon his death of her father's hidden Holocaust survivor past. (Discussion by zoom with Tom Gross, February 9, 2021.) Benjamin Orenstein, one of the last Auschwitz survivors, dies at 94 Benjamin Orenstein, a famous survivor of the Auschwitz Nazi concentration camp, died on Thursday in France at age 94. Orenstein's Auschwitz tattoo was "B4416." | ||
American Jews Voted for This: The Story of a Nation, Amcha (Judean Rose) Posted: 10 Feb 2021 01:00 PM PST "American Jews voted for this," is something I've taken to writing as a preface to every article I share on social media detailing the ways in which the Biden administration is bad for America, for Israel, and for the free world at large. I do this, in part, because I am angry. Angry at this betrayal of brother for brother, prioritizing hatred of the Orange Man over the welfare of the Jewish State. Angry at this very large subset of Jews who care more about criminals who enter their country illegally than they care about the Jews of far-off Israel. Most of all, I am angry at American Jews for being blind to the threat of Iran that looms over us all, choosing fluffy social justice issues over this major existential threat. I am angry and I want them to know it. So I tell them, at every chance I get, "American Jews voted for this." I've pointed my finger and said "American Jews voted for this," when the Biden administration announced its intention to restore aid to UNRWA, whose schools are hotbeds of incitement that teach Arab children to hate and kill Israeli Jews. UNRWA schools have even been used to house the missile launchers that fire rockets at the one million Jewish civilians of Southern Israel, which includes my children and grandchildren. UNRWA is thoroughly disreputable with serious allegations of corruption at the highest level. But that didn't stop Biden from appointing former UNRWA official and "Palestinian-American" Maher al-Bitar to be director of the NSC intelligence service. American Jews voted for this.
When the Biden administration rejoined the UN Human Rights Council (UNHRC), something he had promised to do during his campaign, I said it again: American Jews voted for this. The UNHRC is a body made up of representatives from some of the worst human rights-abusing countries, for instance Pakistan, Cuba, Saudi Arabia, China, Indonesia, Venezuela, and Russia. The main purpose of this body of evil is to censure Israel for imaginary infractions, which was the reason President Trump pulled the US out of the council: the UNHRC is clearly antisemitic in its singular focus on and hostility toward the Jewish State. Last year in fact, the UNHRC published a blacklist of companies it said raised "particular human rights concerns" due only to the location of these businesses in Judea and Samaria, indigenous Jewish territory for thousands of years. A vote for Biden was, in reality, a vote for a return to the UNHRC, an antisemitic body purporting to care about human rights as it looks daily for new ways to punish Israel. American Jews looked the other way, if they looked at all. American Jews voted for this. The Matter of the HouthisThen there's the matter of the Houthis. While the Trump administration imposed sanctions on the Houthis, the Biden administration has already moved to suspend some of these sanctions. That's because Iran is sending lots of sophisticated weaponry to this Yemen-based militia group and training Houthi militants in their use. And Biden, you see, is loath to upset Iran. The Trump administration designated the Houthis a terrorist organization. Biden, on the other hand, is reviewing this designation. Antony Blinken, Biden's secretary of state, said he has "deep concern about the designation" of the Houthis as a terrorist organization. The Biden administration's "review" is part and parcel of a return to the bad old days of the Obama administration and the JCPOA appeasement policy in which America pretends it can mollify the mullahs by funding their nuclear ambitions. American Jews voted for this and it literally makes no sense. It's suicide. The Biden administration is, in fact, an extension of the Obama administration's "abnormal Middle East strategy," in which enemies are strengthened, and friends are punished. In voting for Biden, American Jews voted for strengthening Iran and punishing Israel. Because that is how much they hate Donald Trump. For hatred of this one man, they threw the Jews of Israel under the bus. They empowered an Iran that promises to wipe out both Israel and America.
Duss is "Infected with Jew-Hatred"When rumors emerged that Bernie Sander's top aide, Matt Duss, was to be hired by the State Department, I said it again: "American Jews voted for this." "Duss," said the Free Beacon, "will join a growing roster of Biden administration hires who have displayed a deep animus toward Israel, promoted boycotts of the Jewish state, and advocated for a Palestinian 'right of return' that would destroy the country's Jewish composition." No less than the Simon Wiesenthal Center described Duss as "infected with Jew-hatred." But American Jews voted for Biden, knowing that Joe would need to placate the influential, far left, Israel-hating wing of the Democratic Party. What better way to do this than to hire far left, Israel-hating hacks to serve in the Biden administration? American Jews voted for this, as well. Iran's New Rocket: The ZuljanahWhen Iran tested a new rocket on February 1, a rocket capable of hitting Britain, I gritted my teeth and thought (and said), "American Jews voted for this." The rocket launch was an Iranian threat timed to coincide with Biden's assumption to power. The intent was clear: Iran is telling Biden to lift the sanctions and reinstate the JCPOA. In effect, the mullahs are saying, "Give us money or we will blow some country—Britain or perhaps Israel—to smithereens."
And of course, Iran knows that Biden is rehiring all the Obama appointees so intimately involved in appeasing Iran the last time around. Iran knows that Biden coming to power is the same as Obama assuming power. The mullahs have already played this game. They know the rules, and how to win—how to get more money to make more weapons. American Jews voted for this, as well. During the election campaign, Biden promised he would open the PLO mission in Washington. Already, the PA is in talks with the State Department on how to make that happen without the PA having to pay the $650 million it owes after being found guilty in 2015 by a New York jury, for no less than seven terror attacks. A survivor of one of these attacks, Alan Joseph Bauer, described his personal connection to the lawsuit, "In March of 2002, a Palestinian policeman, Muhammed Hasheikah, detonated himself on King George Street in downtown Jerusalem. I had two screws pass through my left arm, and our son, then aged 7, had the head of a Philips screw pass fully through his right brain." Biden intends to empower the terrorists responsible for this and countless other abhorrent antisemitic attacks, by reopening the PLO mission. He is, moreover, trying to find a way to do so without making the PLO pay the monies it owes to its victims. American Jews voted for this. "Amcha"When I met first Dr. Elana Heideman, of the Israel Forever Foundation, she talked to me about the possibility of writing a story for her website. She mentioned that she didn't care whether I was religious, or what my politics might be, all she cared about was whether I had something positive to say about Israel. It was such a simple concept, so sweet and clean. Amcha. A hidden way of asking: "I'm Jewish. Are you? Is it safe to speak?" By asking, you were declaring your Judaism. And that was a bit of a risk. But it was a good feeling to find others like you in a world that hated your people. You felt warm and safe in the knowledge of that. What happened to that simple way of showing up for each other, of caring for each other in a world that hates and wants to kill Jews, just because they are Jewish? When did we stop being a part of each others' lives, each others' worlds? Did Hatred Overrule Their Common Sense?There is much more to say on this subject than can be contained in a single article. But there is enough here to ask the obvious questions: Did American Jews know the full import of what they were voting for, when they voted for Joe Biden? Did they care? Or did their hatred for the Orange Man and his difficult personality overrule their common sense? Did American Jews know, when they voted for Biden, that they were prioritizing animus for a single person over being actually complicit in the institutionalized hatred of an entire people: their own, "amcha?" Were they the victims of a media colluding with the left to hide the truth of what all of what a Biden administration would mean to Israel and the Jewish people? I don't see it, because ultimately I believe that every voter is responsible for learning all the facts--for digging deep and discerning the truth. Especially when it affects your people, "amcha." And so, in order to make things entirely clear to them, I will say it often, and I will say it aloud, "American Jews voted for this. You threw us under the bus, and with us, yourselves." I couldn't make them see it then, and I couldn't make them see it back when they voted for Obama, twice. I couldn't make them see the wrongness of their vote, how it hurts us, how it hurts them and divorces them from their own people, their nation, and the world. And I promise you, I will not stop. *Lit. "Your Nation" as in: "I'm part of your nation, I'm Jewish." |
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