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Alarm in Israel at reports of possible ICC legal action over Gaza

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Israeli officials are increasingly concerned that the UN’s top criminal court is planning to seek arrest warrants for their top military and political leaders on suspicion of war crimes.

Reports suggest Prime Minister Benjamin Netanyahu could be among them.

The International Criminal Court (ICC) has been investigating Israel’s actions in the occupied territories for the past three years – and more recently the actions of Hamas as well. It has the power to charge and try individuals for the most serious crimes under international law.

It has previously issued arrest warrants for leaders including Russia’s Vladimir Putin, Muammar Gaddafi of Libya, and Ugandan warlord Joseph Kony.

Netanyahu has called the prospect of senior Israel figures joining the wanted list “an outrage of historic proportions”, accusing the ICC of attempting to paralyse Israel’s ability to defend itself.

But the fact that he’s chosen to make such strident public comments suggests that, behind the scenes, such a scenario is being actively discussed.

While the ICC has not confirmed the Israeli claims, when Chief Prosecutor Karim Khan KC visited Israel and the occupied West Bank last December his message was a clear one.

The British barrister toured the sites of Hamas’ attacks in Israeli villages close to the Gaza fence, which Hamas-led gunmen burst through on 7 October.

He also met political leaders, and travelled to Ramallah to speak to the families of Palestinian victims about their experiences in Gaza and the West Bank. He condemned the violence suffered by civilians on both sides, and promised to investigate.

“All actors must comply with international humanitarian law,” he clarified in a statement at the time. “If you do not do so, do not complain when my office is required to act.”

Khan said the 7 October attacks – in which Hamas-led gunmen killed about 1200 people, mostly civilians, and seized 253 hostages, according to Israeli tallies – represented “some of the most serious international crimes that shock the conscience of humanity, crimes which the ICC was established to address”.

In Israel’s case, his concerns were twofold. He stressed the obligation to conduct its military operation in Gaza according to “clear legal parameters that govern armed conflict”.

Israel has been accused of failing to sufficiently protect civilians during its months-long bombardment, although it insists it takes all necessary measures to avoid casualties. The Hamas-run health ministry in the territory says more than 34,500 people have been killed there since the war began, and that many of that number are children.

Khan also underlined the need for humanitarian aid to get into Gaza, with access to food, water and medical supplies a basic right for civilians “without further delay, and at pace and at scale”. He also urged Hamas not to divert or misuse the supplies when they did arrive, after accusations by Israel that its members were looting trucks and stealing aid, stopping it from reaching the wider population.

Israel isn’t a member of the ICC and it says the court has no jurisdiction over it. But the court has ruled that since 2015 it does in fact have jurisdiction over the West Bank, East Jerusalem and Gaza after the Palestinians ratified its founding treaty, the Rome Statute, as the State of Palestine.

No Western-style democracy has had an ICC arrest warrant issued for its leader before. If it happens to Netanyahu, he’ll be the first. Israelis have particular concerns about the stigma and potential isolation that would come with it.

Michael Oren was Israel’s ambassador to the United States between 2009 and 2013. He points to the recent case brought by South Africa at the International Court of Justice (ICJ), which accused Israel of genocide against the Palestinian population in Gaza – an accusation Israel vehemently rejects.

In January, the court issued an interim ruling that ordered Israel to take steps to prevent genocidal acts in Gaza, but stopped short of telling it to stop its military offensive.

“Israel emerged from those proceedings relatively unscathed, but the fact that the proceedings were held at all meant that Israel had lost the battle,” he told the BBC.

“They should not have been held at all, and certainly it’s a blow to our international standing and our security. Because a country whose leaders are accused of presiding over war crimes, that country is more vulnerable than a country that isn’t.”

Sir Geoffrey Nice KC, another British barrister, led the prosecution of the former Serbian president Slobodan Milosevic for war crimes at the International Criminal Tribunal for the former Yugoslavia (ICTY).

He points out that the actions of both sides in this conflict are within the ICC’s focus.

“Any investigation will not just be the Israeli Defense Forces and political and military leadership but also Hamas,” he told the BBC.

“It’s to be hoped that alleged Hamas fighters and leaders are not all shot on sight, that they are detained and made available for trial by an international tribunal.”

He also addressed suggestions that the ICC could come under political pressure to reconsider its decision-making.

“Governments around the world, particularly large and powerful governments, are there to protect their country’s interests.

“So if they see a trial coming along, or an investigation… that would cause them as a country great reputational damage, and if they reckon they can interfere with the trial or the investigative or trial processes to save them from that reputational damage, then they’ll do that, because they are acting in the interests of their country.”

The timeframe for issuing warrants can vary, with weeks and even months sometimes elapsing between the point at which the ICC prosecutor requests it, and judges grant it.

Sometimes the details can be kept confidential if it’s deemed that making them public would lessen the prospect of an arrest.

Such a move against Netanyahu, his political colleagues or Israeli military commanders would have practical implications too. It would affect their ability to travel widely, as Rome Statute nations are obligated to hand over visiting individuals with outstanding warrants against them. However, some of those nations have ignored ICC warrants in recent years.

Former Israeli Ambassador Michael Oren believes the eventual impact would be far wider, changing the narrative of Israeli society

“Generally, it responds to love. It doesn’t respond to aggression. If you want to get concessions out of Israelis do not hit them over the head, embrace them,” he said.

“All of these measures tend to move the political needle in this country rightward and not the other way. It would have a boomerang effect, and rather than opening pathways to possible diplomatic process it will likely constrict it.”

Source: BBC & RNZ

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World

Voters deliver historic rebuke to Trump as Democrats win House and Senate

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By Joseph Ax, Brad Heath and Jason Lange

Democrats seized control of both the Senate and House on Tuesday (US time), scoring sweeping victories in Republican strongholds for the first time in generations as tens of millions of voters delivered a scathing rebuke to President Donald Trump.

Voters in conservative bastions who had propelled the president to his second term in office just two years ago swung dramatically toward Democrats, fueled by deep frustration over the unpopular war with Iran, anxiety over the high cost of living and anger at Trump’s stewardship of the country.

Kansas elected its first Democratic senator since the Great Depression nearly a century ago. In South Carolina, a state that Trump carried by nearly 18 points in 2024, Democrats turned aside his hand-picked Senate candidate.

And in Texas, the biggest Republican state, Democrats ended a decades-long losing streak in seismic fashion, winning a Senate seat and ousting three-term Governor Greg Abbott.

The results will usher in a new era of divided government in Washington, following two years in which the Republican-controlled Congress rarely exercised its power to rein in Trump.

Once seated in January, Democrats are expected to use their power to investigate Trump’s administration, family and allies and demand concessions on major legislation. The Democratic Senate can block Trump’s nominees, including any US Supreme Court justices should a vacancy arise.

“There is now a generational remake of the Senate map that is going to change America,” said Chuck Schumer, the party’s Senate minority leader. “Americans voted for change, and now Democrats must deliver.”

Trump, who is barred by the US Constitution from seeking a third term, has exercised an iron grip on his party for most of the last decade. But the new balance of power in Washington may accelerate his lame-duck status, as attention turns toward the 2028 presidential race and potential successors begin competing for political influence in a post-Trump world.

Despite worries from Democrats that Trump might seek to overturn the election results, as he did in 2020, the president accepted the outcome, congratulating Democrats in an interview with Fox News. He also said he would work with Democrats on issues such as immigration, though he threatened to veto any “insane” bills they passed.

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Cold case solved: DNA links serial killer Ted Bundy to 1974 murder of Utah teen

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A Utah cold case tied to notorious serial killer Ted Bundy has been solved.

Fifty-two years to the day her body was found, detectives closed the investigation into the murder of 17-year-old Melissa Ann Smith. DNA evidence identified Bundy as the killer, investigators revealed Tuesday.

Smith’s body was found by hunters in a wooded area bordering Salt Lake and Summit counties on 27 October, 1974. The investigation into her murder has remained open since that day, until now.

A recent break in a Utah County cold case is being attributed to the resolution. Investigators say the same DNA profile used to identify Bundy as the killer of Laura Ann Aime was used to solve Smith’s murder.

Developments in that case brought the Smith investigation back to the surface and helped resolve the decades-old mystery, Summit County Sheriff Kacey Bates said.

Tuesday’s announcement was hinted at by Utah County investigators in April, when they announced the closure of the Aime cold case, which was tied to Bundy. At the time, a UCSO detective said the DNA profile used to link Bundy to the murder had been shared with other departments, with the hope that it could lead to closing more cases.

Bundy, who is confirmed to have killed and assaulted women across Washington, Oregon, Colorado, Utah and Florida between 1974 and 1978, confessed to 28 murders but is believed to be responsible for hundreds of deaths.

He was executed by electric chair in Florida in 1989.

Source: RNZ & CNN

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Netanyahu touts Trump endorsement on eve of vote, suggests they may restart war on Iran

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Israeli Prime Minister Benjamin Netanyahu boasted of his endorsement from Donald Trump on the eve of Israel’s election, suggesting the two leaders could restart their war against Iran if he wins, after Trump said they should “finish the job”.

“US President Donald Trump has come with a friendship that has never existed before between an Israeli prime minister and an American president. And it is doubtful we will ever have such a friendly president again,” Netanyahu said in a televised appearance late on Sunday night. “He has another two years, and he says he is calling on you to vote for me.”

In his own social media post on Sunday, Trump, who launched the Iran war jointly with Netanyahu in February, said: “Vote for Bibi Netanyahu for Prime Minister, we have to finish the job that we started!”

Netanyahu said Trump was willing to take action “that would finally, finally, remove the Iranian threat”, but only as long as Netanyahu himself remains in power.

“And I have already instructed the Mossad and the IDF (military) to bring down this regime, to bring down this regime because that is the only way to put an end to this threat,” Netanyahu said, referring to Israel’s main intelligence service and military.

Asked for comment on Netanyahu’s remarks, White House Deputy Press Secretary Anna Kelly said: “As President Trump stated, Iran is in very bad condition, both economically and militarily, and the blockade will remain in full force and effect, with oil flowing in record numbers of barrels through the Hormuz Strait.”

“The United States will not be attacking Iran at any time prior to the midterm elections,” Kelly added via email, referring to the November 3 vote in the US.

Netanyahu’s leading opponent, centrist former military Chief of Staff Gadi Eisenkot, posted his own comments on social media, praising Trump as “a true friend of Israel”.

“I value his efforts and his commitment to Israel’s security, and I am confident that he will work in full cooperation with any leader chosen by the people.”

Former Israeli Defence Minister Benny Gantz (2nd-R) and former Israeli army chief of staff Gadi Eisenkot (R), both members of the current Israeli five-person war cabinet led by Prime Minister Benjamin Netanyahu, meet with the visiting US Secretary of State in Tel Aviv on February 8, 2024. (Photo by Mark Schiefelbein / POOL / AFP)
Former Israeli Defence Minister Benny Gantz (2nd-R) and former Israeli army chief of staff Gadi Eisenkot (R).

Mark Schiefelbein / POOL / AFP

Eisenkot accuses Netanyahu of fear-mongering

Tuesday’s vote, Israel’s first since the October 7, 2023, Hamas attacks, is the first chance for voters to deliver a verdict on the worst security failure in generations and the wars on multiple fronts that followed.

With Netanyahu already at the helm of the most right-wing government in Israeli history, politics have shifted even further to the right. Nearly all Jewish-led parties, including that of the hawkish Eisenkot, now oppose the “two-state solution” that underpinned decades of peace negotiations with the Palestinians.

But many voters say the divisive politics of Israel’s longest-serving leader make the country weaker. Polls suggest Netanyahu’s Likud Party will lose seats, potentially depriving his coalition of right-wing, far-right and ultra-Orthodox parties of its narrow majority.

Eisenkot and an array of opposition parties ranging from the rump of the centre-left to the right, also have no clear path to unseat him.

Netanyahu, 77, is an unrivaled master of political survival: the only time since 2009 that opponents managed to wrest him briefly from the premiership, it took four inconclusive elections within two years to get him out. He was back 18 months later.

Neither side planned major public events for Monday. But both posted on social media, drumming on the election’s major themes: for Netanyahu, that he is the only leader with the mettle to face down Israel’s enemies; for his opponents, that his divisive politics have weakened the country.

Netanyahu shared an AI-generated video on Monday of Iran’s Supreme Leader Ayatollah Mojtaba Khamenei, whose father Ali Khamenei was killed on the first night of US-Israeli strikes on Iran in February. Lying in a hospital bed, the younger Khamenei says his own vote would be “definitely not Bibi. Another term like this and I will be meeting my father sooner than expected.”

On Sunday Netanyahu posted a computer-generated photo of a mushroom cloud over Tel Aviv, saying Israel was in existential danger from Iran.

Eisenkot responded by accusing him of “relying on a campaign of fear-mongering, lies, and threats – including images of nuclear bombs in the heart of Tel Aviv. This time, it won’t work for him.”

Trump’s endorsement of Netanyahu carries its own political risks a week before a legislative election in which his own Republicans are seeking to hold onto power.

The Iran war is deeply unpopular in the United States, blamed for a surge in prices especially for fuel. Major fighting has been suspended for months after ceasefire negotiations held without Israeli participation.

Source: Reuters & RNZ

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