On November 21, 2024, nearly six months after Prosecutor Karim Khan submitted a request for arrest warrants against Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, the International Criminal Court (ICC) Pre-Trial Chamber approved the request and issued the warrants. At the same time, the ICC issued an arrest warrant for Hamas commander, Mohammed Deif, who was reportedly killed in July, although his death has not yet been officially confirmed. For Israel, this decision to issue the warrants establishes a...
The Misleading Reports of the UN Over Famine in Gaza
Tammy Caner
Special Publication, July 24, 2024
Since the beginning of the war, the UN has been releasing reports and updates regarding the humanitarian situation in Gaza, showing a dire picture of a shortage of humanitarian aid, a severe nutritional crisis, and even the spread of famine in the area. A close examination of these reports, based on the UN’s own clarifications, shows that they portray an inaccurate and partial picture of the aid entering the Gaza Strip. The reports are based on incomplete data from sources in Gaza and disregard significant portions of aid shipments...
Israel on the Dangerous Path to International Isolation
Pnina Sharvit Baruch
Special Publication, July 4, 2024
Israel’s strength is deeply tied to its integration within the international system, but this connection is currently under significant threat. The country is confronting an unprecedented international campaign that surpasses previous challenges in its scale and intensity across political, media, and public spheres. This sustained effort has resulted in a marked demonization of Israel and a notable decline in its global standing. Failing to effectively address this campaign poses risks to Israel’s economy, national security, and...
A New Tool in the Political System: Personal Sanctions Against Israelis
Pnina Sharvit Baruch,
INSS Insight No. 1843, April 4, 2024
Relations between the American administration and the Israeli government are in crisis, as is clearly evident by the United States abstaining from the UN resolution on a ceasefire and the critical remarks made by senior government figures. Israel is also facing political pressure from other allies, including European countries, which involves restrictions on arms supplies to Israel and considerations of other constrictions. In addition, for the first time in recent years, Israel has been subjected to personal sanctions against its...
On January 26, the International Court of Justice (ICJ) gave its decision on the request submitted by South Africa on December 29, 2023, in the case against Israel concerning the application of the Convention on the Prevention and Punishment of the Crime of Genocide (the Genocide Convention) in the Gaza Strip. The ICJ did not accept Israel’s request to dismiss the case and issued provisional measures, pending the court’s final judgment on the case. The court also rejected South Africa’s main request to order Israel to halt its...
Much confusion surrounds the debate over the nature and extent of Israel’s obligations toward the civilian population in Gaza. Several important questions must be addressed: Is Gaza an occupied territory? Is it permitted to prevent the supply of electricity to Gaza? Can Israel lay siege to Gaza as part of its war against Hamas? Is there a duty to allow humanitarian aid into Gaza? Is advising civilians in Gaza to evacuate to the south a form of internal displacement?
On the morning of Saturday, October 7, 2023, on the Jewish holiday of Shemini Atzeret and Simhat Torah, Hamas launched a murderous terror attack against Israel. In a series of war crimes and crimes against humanity, Hamas killed more than 1,400 people, the vast majority of them civilians; wounded more than 3,300; and took around 200 people hostage or captive. The numbers are still growing. Although this attack was directed toward Israeli civilians, it should be cast as a crime against humanity at large. The brutality and atrocities...
The War with Hamas: Legal Basics
Pnina Sharvit Baruch
INSS Insight No. 1770, October 16, 2023
The violent attack by Hamas that deliberately targeted Israeli citizens, civilians as well as soldiers, and the atrocities committed by Hamas and other terrorists – among them murder, torture, rape, abduction, looting, and many other crimes – constitute gross violations of international law, and in particular, of international criminal law. These horrific acts constitute the most serious crimes in international law defined as war crimes and crimes against humanity, and amount to the crime of genocide. Hamas has an absolute...
The Supreme Court on the Reasonableness Standard: The Underlying Issues
Pnina Sharvit Baruch,
Special Publication, September 27, 2023
On September 12, 2023, the Supreme Court held a hearing on the petitions against an amendment to the Basic Law: The Judiciary, which eliminates the Courts’s authority to overturn decisions by the Government and the ministers on the grounds of “unreasonableness.” The petitioners and the Attorney General argue that the amendment should be nullified, due both to flaws in the legislative process and to its contradicting the core values of Israel as a Jewish and democratic state. The Government and the Knesset, on the...
Over the past seven months, Israel’s current government has undermined the status of women through legislation, coalition decisions, and inflammatory public discourse fueled by controversial statements from senior officials. Not only is this disturbing from a moral standpoint, but it also has potential national security implications for Israel.
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