The Journey to The Hague
The global anti-Israel campaign is a deep concern, but the Jewish nation is actually winning
Sadly, it was not so hard to pick an image for today’s edition of the newsletter. Even more depressing is the fact that the same four women that were on the last instalment re-appear. Of course they are here today in a more figurative way, their image representing the state of Israel that was violated on October 7th and the nation that responded in the only way possible: attack and neutralize the perpetrators. In doing that they have been forced to exercise extreme care while invading the place where the assassins were residing: in a densely populated urban area, Gaza. The care and precision is not only something required and expected of a democratic nation governed by laws, it was from day one clear that extreme diplomatic pressure was applied on Israel’s war cabinet to minimize civilian casualties. The IDF explains in this video what exactly happened and how it has executed this war knowing it is under an international microscope. Sure, it may be a biased take, but it is quite representative of what has happened and how Israel has played the most impossible cards history ever dealt a nation.
Yet, it was South Africa that has decided to drag Israel in front of the International Court of Justice in The Hague (ICJ), charging it with genocide as well as intent to commit genocide. So who are the dead, the casualties South Africa is accusing Israel of deliberately orchestrating? To date some 22,000 deaths have been recorded in Gaza - a number provided by Hamas so take it with some caution - which represents approximately 1% of Gaza’s total population. In that number are included the actual Hamas terrorists, which means the real number of civilians killed likely hovers in 10-12,000 range. Consider now for a second the number of Gaza casualties had Israel not exercised the care and not taken into account the pressure from its closest partner and weapons supplier, the US. Given Israel’s arsenal of weaponry a real genocidal effort would have yielded some 600,000 deaths, a number Syria’s ruler Assad added to his record sheet when he won his nation’s civil war. Just to give you some context.
The term genocide, coined by a Polish lawyer of Jewish descent in 1944, meaning the deliberate killing of a specific ethnic group or nation is more precisely defined here. With Israel exercising its right to self-defence, the tangible evidence of the care it applies in its warfare as well as the total absence of any formal policies, laws or directives to exterminate Palestinians, how can South Africa ever prove beyond a reasonable doubt that Israel is guilty of genocide? Take a look at the definition and it may be a lot closer to describing Putin’s behaviour in Russia although even that would be a stretch. The clearest cut example of course would be Nazi Germany’s laws and policy to exterminate Jews, in fact the definition of genocide was based precisely on that singular horrific historic occurrence. The attempt to kill all the Tutsi’s in Rwanda is much a clearer case, as was the attempt to destroy Bosnian Muslims by the bloodthirsty Serbian leadership. Both these events took place in the 1990s and ever since then the term genocide has re-entered the popular lexicon. Some argue there has been inflation in using the term, it is slapped on every single conflict where one party has a grievance and elevates it to the point where the ICJ might take notice. It is strange in that context that the alleged genocide of Uyghurs in China never made it to an international tribunal or the mass slaughter of Syrians (wherein Russia also had a hand) during the civil war. But even in those cases which on the face of it are slam dunks, the burden of proof is hard. A clearer case is Hamas itself which has acted and clearly stated - in its own constitution no less - that it seeks the destruction of the Jews:
'The Day of Judgment will not come about until Moslems fight Jews and kill them. Then, the Jews will hide behind rocks and trees, and the rocks and trees will cry out: 'O Moslem, there is a Jew hiding behind me, come and kill him.' (Article 7)
Genocidal intent, anyone? So why then is Israel in the dock and not Hamas? The reasons are not overly hard to discern. They are on the one hand political and emotional and on the other purely legal (Hamas is not a nation state). In a way it is the culmination of decades of anti-Israel hatred and a deep seated anti-Semitism that got activated the moment the sun set on October 7th. It is the result of years of planning and building an anti-Israel coalition, richly funded by for instance Iran, feeding a dormant anti-Semitism that has now spilled onto the streets of Seattle, New York and Amsterdam where it builds on long existing resentment against Jews. And to give you an idea of the forces behind it: many of these protestors are actually paid. South Africa has now come forward as a partner in the loosely organized anti-Israel coalition that has found a new venue in which to pursue Israel at a moment where the latter is actually having military success. And it lets the real perpetrator of genocide, Hamas, off the hook. So the case at the ICJ serves multiple purposes, you can actually see a pattern.
It begs the question, what is South Africa’s interest here? Is it a mission given its history and struggle for freedom against oppressors where Israel is most always seen as the oppressor? Or is it a down payment on joining the club of anti-Western nations? Like you do this, and we take care of that? And let me say it is wise not going down the ‘apartheid’ rabbit hole where Israel is seen as a state where people of colour are oppressed, they aren’t. But it is a narrative that sticks and the glee and pleasure when South Africa made its move across many western nations, among journalists and politicians alike is as revealing as it is shocking.
The legal case will apparently take years to adjudicate although the court can issue some rulings in the meantime. The actual measures are hard to implement, like a mandated ceasefire for instance. It could become more difficult for Israeli officials to start travelling and risk arrest, but realistically it is unlikely for this to ever happen. The impact of the case however is not to be underestimated; it will feed an already dangerous global anti-Jewish narrative. The real genocidal player here, Hamas, cannot be indicted and Israel cannot even present October 7th evidence in the court which is why it has ensured everyone can see it here.
How Israel Wins
Yet Israel is winning. No matter how many court cases are thrown at it, the war on the battlefield is progressing. The nation is more unified than ever to endure anything to finish the Hamas and any other imminent threat. For many it is hard to imagine how far-right Israelis stand shoulder to shoulder with far-left Israelis, but they do: their lives and that of their children are at stake.
This week a very clear message was sent to Hezbollah that Israel is more than ready to deliver a mortal attack in order to get the Lebanon-based and Iran-supported group to back off. And for now it looks like they will. And: many Jews from all over the world are actually moving (back) to Israel, to support, to fight and be part of a nation that is once again tested to the extreme. The more challenges the more determination on Israel’s side.
Displaying such strength commands respect in the Middle East and despite the fears after October 7th, this week it was announced that Saudi Arabia is still interested in normalizing ties with Israel. The Abraham Accords between Israel and a number of Arab states are still in place. Relations with Egypt remain solid. If anything, the raw display of power by Iran has alerted other Arab nations that an arrangement with Israel could be advantageous in establishing stability in the region as well as in collaborating on technology and building economic successes. These may be small flickers of hope, but they indicate that the original intent of Hamas to inflict mortal damage to Israel while isolating it in the region is going nowhere. And Hamas is destroyed, step by step.
In its entire history, in each war and in each conflict the Jewish nation suffered incredible losses, but it always came out stronger. The ICJ trial is a painful reminder that it often stands alone and will have to fight insane and equally unfair obstacles. But like we discussed before on these pages, Jews have been doing that for some 3,000 years. At great cost, but in the end with great success.