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Diaspora Jewish groups condemn ICJ ruling, but note it allows IDF action

 
 Israeli Americans and supporters of Israel gather in solidarity with Israel and protest against antisemitism, amid the ongoing conflict between Israel and the Palestinian group Hamas, during a rally on the National Mall in Washington, U.S, November 14, 2023.  (photo credit: REUTERS/TOM BRENNER)
Israeli Americans and supporters of Israel gather in solidarity with Israel and protest against antisemitism, amid the ongoing conflict between Israel and the Palestinian group Hamas, during a rally on the National Mall in Washington, U.S, November 14, 2023.
(photo credit: REUTERS/TOM BRENNER)

AJC, SWU, CIJA said that the impetus was on Hamas to lay down its arms and end the war, and that Israel had a responsibility to continue the war until then.

Jewish diaspora organizations condemned the "micromanaging" and "outrageous" narrative of the International Court of Justice's ruling on the Israeli operation in Rafah on Friday, but noted that the panel did not restrict the IDF from continuing its fight against Hamas in the Gaza stronghold.

Pro-Israel NGO StandWithUs explained that the ICJ ruling did not order Israel to halt military operations, but could continue its campaign against the Gazan terrorist organizations as long as IDF took necessary steps to prevent harm to Palestinian civilians.

SWU, the Centre for Israel and Jewish Affairs, Conference of Presidents of Major American Jewish Organizations, and American Jewish Committee argued that the Israeli military was making every effort to avoid civilian death. This consequently did not prevent continued Israeli action.

"Israel's actions in Gaza are aimed at Hamas, and can in no way be understood as intended to inflict conditions that could bring about the destruction of the Palestinian population of Gaza," said AJC. "South Africa’s charge of genocide against Israel remains baseless and inexcusable, and the ICJ has not found that Israel is acting in violation of the Genocide Convention."

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AJC said that Israeli judge Aharon Barak and other ICJ panelists expressed that the order did not impede Israel's right to defend itself from Hamas and work to free the hostages. The Jewish organizations noted that dozens of hostages were still being held by terrorist in Gaza.

 FORMER SUPREME Court president Aharon Barak attends a meeting of the Knesset Constitution, Law, and Justice Committee, in 2017. (credit: YONATAN SINDEL/FLASH90)
FORMER SUPREME Court president Aharon Barak attends a meeting of the Knesset Constitution, Law, and Justice Committee, in 2017. (credit: YONATAN SINDEL/FLASH90)

The Canadian  (CIJA) said in a statement, that while the ruling "does not say that Israel must halt the Rafah operation entirely and unconditionally, it does however show the Court is well beyond its mandate and is attempting to micromanage a war."

"It's clear overreach and politicization of the Court," said CIJA. "The ICJ cannot hogtie Israel and prevent it from exercising its absolute right to respond to aggression, defend its citizens and rescue the hostages kidnapped by Hamas."

'Exceeded the scope of its authority'

The Conference of President of Major American Jewish Organizations also said the court "exceeded the scope of its authority and undermined its legitimacy with this politically motivated ruling, which sends the message that terrorists can use civilians as human shields, contrary to international law, and AJC said that "absence of any evidence that Israel is acting with genocidal intent" the ICJ was micromanaging the conflict and exceeding its jurisdiction.


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"Today’s International Court of Justice’s (ICJ) order on provisional measures is outrageous," said AJC. "It does nothing more than promote South Africa’s slanderous and dangerous narrative that Israel is targeting Palestinian civilians in its military operation in Gaza, masked in the language of international law."

The Conference attacked the ICJ as being involved in "lawfare against an American ally" which set precedents dangerous for the US and offering incentives for terrorists and autocrats.

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"This ruling is a victory for terrorists everywhere and represents an infringement on Israel’s sovereignty and right of self-defense," said the Conference. "No other country would be expected to abandon its people to terrorists. While this ruling is outrageous, it is not surprising that yet another international body delegitimizes itself by holding the Jewish State to a different standard than any other country in the world."

AJC, SWU, CIJA said that the impetus was on Hamas to lay down its arms and end the war, and that Israel had a responsibility to continue the war until then.

The Conference and SWU ridiculed the ICJ ruling for demanding the opening of the Rafah crossing, arguing that Egypt had closed the passage, not Israel.

SWU said that Israel could accept the ICJ order, requiring it to submit monthly reports, or it could reject the report, requiring a United Nations Security Council response. SWU said that the US would be expected to veto any response.

The Conference urged "President Biden to veto any attempts to enforce this miscarriage of justice at the UN Security Council.”

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