Shalom all,

“There can be no peace without justice, and no justice without truth.” (thinc-The Hague Initiative for International Co-Operation, 12 January, 2024)

Tomorrow, Sunday, 14 January, 2024, will be the 100th day since Hamas terrorists committed the massacre of more than 1,200 people, young and old, men and women, babies and nonagenarians alike. And, while the memories of some of our senior citizens might be fading, they still acknowledge that this present war is the longest in our brief 75-year history. The mind has difficulty trying to grasp that a child spent his first birthday in a terror tunnel, or in some other facility controlled by a callous, blood-thirsty, death-glorifying terrorist group, a group that is driven by blind hatred and lacks any moral conscience.

As of today, Israel’s best estimates are that 136 people continue to be held hostage by Hamas, “Palestinian” Islamic Jihad and other terrorists, affiliated and non-affiliated. Israel’s response to the terrorist invasion of 7th October (nicknamed “Black Saturday”) has resulted in the alleged, but unproven, deaths of some 23,000 people, which includes close to 10,000 armed terrorists and combatants and has caused multitudes of others to vacate their homes in various locations in the Gaza Strip. This is a consequence of war. On our side, in addition to the 1,200 victims of the onslaught of Black Saturday, as well as the thousands who were wounded on that day, Israel has suffered the loss of 187 soldiers (11 more since my last post) and is making every effort to tend to the more than 6,000 members of the IDF, who were wounded in the Gaza War during the last 100 days.

This war has revealed anti-Israel and anti-Jewish hatred across the global spectrum. Like roaches that come out of hiding when exposed to the light, antisemitism has been revealed on the streets of major cities, in the workplace and in places that used to be referred to as “educational institutions”, which now attempt to justify calls on their campuses for the genocide of the Jewish people. 

“And how many hours a day did you do lessons?” said Alice, in a hurry to change the subject.

“Ten hours the first day,” said the Mock Turtle: “nine the next, and so on.”

“What a curious plan!” exclaimed Alice.

“That’s the reason they’re called lessons,” the Gryphon remarked: “because they lessen from day to day.” — Lewis Carroll, Alice in,Wonderland, Chapter 9, The Mock Turtle’s Story.

We laugh at the seeming stupidity of the Gryphon, a characteristic so profoundly evident on college campuses around the world today, until we come to a statement from the Queen of Wonderland:

“No, no!” said the Queen. “Sentence first—verdict afterwards.” —Chapter 12, Alice’s Evidence.

If we try to put that into perspective, we see that the Queen’s statement was reversing the proper order of things, which should have been the verdict first and, if found guilty, then and only then, the sentencing. That situation aptly describes the accusations of genocide brought against Israel in the International Court of Justice, in The Hague.

The internationally-renowned Attorney and author, Alan M. Dershowitz, puts the situation somewhat in perspective, in his article, The International Court of “Injustice” Begins Its Blood Libel Trial Against Israel, which was published yesterday by Gatestone Institute International Policy Council, which I would suggest that you read.

In a similar vein, South Africa’s filing an application with the International Court of Justice puts the cart before the horse and creates a situation of reversing the party responsible for carrying the burden of establishing guilt in a criminal case “beyond a reasonable doubt”. No reasonable-thinking person would agree with S.A.’s contention that Israel has infringed the Genocide Convention or that genocide is, or could be, taking place by Israel’s response to the massacre that occurred within our land by terrorists based in the Gaza Strip. 

The 1948 United Nations Genocide Convention was enacted following the mass murder of Jews in the Holocaust. It was actually the first human rights treaty adopted by the General

Assembly on 9th December, 1948, and became effective over two years later, on 12 January, 1951, and obligates signatory states to pursue the enforcement of its prohibition. The General Assembly actually made genocide a crime under international law by Article I of Resolution 96, dated 11 December, 1946. Article II of the Convention defines genocide as certain, specified “acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”.

This past Thursday, South Africa alleged before the ICJ that Israel has genocidal intent against the so-called “Palestinians” in the Gaza Strip, in its war against Hamas and other terrorist groups. Yesterday, Friday, Israel forcefully rebutted those claims,

Yesterday, Friday, Israel forcefully rebutted those claims, pointing out, among other things, that the claims of S.A. actually relate to laws of armed conflict rather than any alleged genocidal intention and, as a result, the court has no jurisdiction of the matter. Israel’s legal team also cogently argued that the harm done to the civilian population in Gaza is the result of Hamas’s widespread use of civilian infrastructure for military purposes, including residences, schools and hospitals, even U.N. facilities. This was in addition to pointing out in detail Israel’s efforts to minimize civilian casualties by, among other things, warning them to vacate areas of potential conflict, of providing humanitarian assistance and even setting up field hospitals in Gaza for the benefit of Gazan civilians. Israel forcefully rebutted those claims, pointing out, among other things, that the claims of S.A. actually relate to laws of armed conflict rather than any alleged genocidal intention and, as a result, the court has no jurisdiction of the matter. Israel’s legal team also cogently argued that the harm done to the civilian population in Gaza is the result of Hamas’s widespread use of civilian infrastructure for military purposes, including residences, schools and hospitals, even U.N. facilities. This was in addition to pointing out in detail Israel’s efforts to minimize civilian casualties by, among other things, warning them to vacate areas of potential conflict, of providing humanitarian assistance and even setting up field hospitals in Gaza for the benefit of Gazan civilians.

Genocide is not new. In the Book of Exodus, we read of Pharaoh’s plans to kill all of the male children of Israel, to cause them to be thrown into the Nile River to drown them, while the girls would be allowed to live (Exodus 1:22). Some time later, after the Exodus from Egypt and the conquest of Canaan, we read a story in 2 Kings 8:11-13, relating to a meeting between the prophet Elisha and Hazael, the king of Aram (now Syria), which reveals some elements strikingly similar to the events of 7th October:

11 And he stared steadily at him until Hazael was embarrassed, and then the man of God wept.
12 And Hazael said, “Why is my lord weeping?” And he answered, “Because I know the evil that you will do to the sons of Israel: you will set their fortified cities on fire, you will kill their young men with the sword, their little ones you will smash to pieces, and you will rip up their pregnant women.”
13 Then Hazael said, “But what is your servant—a lowly dog—that he could do this great thing?” And Elisha answered, “The Lord has shown me that you will be king over Aram.”

In more recent times, genocide was committed against people in different countries, such as Armenia, Rwanda and Cambodia. But, of course, the greatest acts of genocide were committed by the Nazis against the Jews during the Holocaust. When we consider such atrocities, we are forced to confront the question of how members of the human race can commit such heinous acts against other humans. We end up with an inability to come up with a rational explanation, other than to conclude that evil exists and is actively functioning in this world. It is a spiritual evil that perverts the mind and warps the understanding, resulting in misguided thoughts of supremacy over others and self-exaltation that seeks to justify the widespread killing of other people groups.

To allege that Israel’s actions of self-defense against Hamas, “Palestinian” Islamic Jihad and other terrorist groups, constitutes genocide or an intention to commit genocide, is nothing less than an attempt to re-write, or at least add to, the definition of genocide. South Africa also called upon the ICJ to issue a provisional ruling requiring Israel to cease its military operations. If, God forbid, such an effort succeeds, it would mean that Israel would be demanded to stop the war against Hamas and withdraw its troops. It would be unable to defend its citizens who are being attacked, who are being held hostage and who are displaced from their homes due to ongoing missile attacks from those who would seek to destroy us as a nation, that the name of Israel would be no more (Psalm 83:4). The same would be true for any other nation seeking to defend itself against terrorist groups.

If S.A., or anyone else, wants to argue that genocidal acts were or are being committed, then the blame has to be placed squarely upon Hamas as the perpetrator, and not upon Israel, who was the victim. As argued by Advocate Becker before the ICJ, in points 22 and 23 of his opening statement before the ICJ: 

“22. First, that if there have been acts that may be characterized as genocidal, then they have been perpetrated against Israel. If there is a concern about the obligations of States under the Genocide Convention, then it is in relation to their responsibilities to act against Hamas’s proudly declared agenda of annihilation, which is not a secret, and is not in doubt. 

“23. The annihilationist language of Hamas’s Charter is repeated regularly by its leaders, with the goal, in the words of one member Hamas’s political bureau, of the “cleansing of Palestine of the filth of the Jews.” It is expressed no less chillingly in the words of senior Hamas member, Ghazi Hamad, to Lebanese Television on October 24, 2023, who refers to the October 7 attacks, what Hamas calls the Al-Aqsa Flood, as follows: “The Al-Aqsa Flood”, he says “is just the first time, and there will be a second, a third and a fourth.” In the continuation of this interview, Hamad is asked: “Does that mean the annihilation of Israel”. “Yes, of course,” he answers. “The existence of Israel is illogical”; and then says “Nobody should blame us for the things we do. On October 7, October 10, October 1,000,0000—everything we do is justified”. Given that on October 7, before any military response by Israel, South Africa issued an official statement blaming Israel for the “recent conflagration,”—essentially blaming Israel for the murder of its own citizens—one wonders whether the Applicant agrees.”

In its multitude of claims, S.A. failed to establish the essential element of genocide, namely, intent. As argued by Advocate Becker in point 48 of his opening address to the court:

“48.  The key component of genocide—the intention to destroy a people in whole or in part—is totally lacking. What Israel seeks by operating in Gaza is not to destroy a people, but to protect a people, its people, who are under attack on multiple fronts, and to do so in accordance with the law, even as it faces a heartless enemy determined to use that very commitment against it.” (emphasis mine)

So, like the Queen’s comments in Alice in Wonderland,  we see that the present proceedings regarding S.A.’s application to the ICJ is not to open the eyes of the Judges, but to blindfold them, to receive a warped presentation of distorted allegations and, in essence, to pronounce judgment, without the establishment of guilt.

But, irrespective of the outcome of the case before the ICJ, in the court of world public opinion, the burden is being placed upon Israel – the defendant – to prove beyond a reasonable doubt that it does not have an intention to commit genocide, instead of placing the burden responsibility on South Africa, as the accuser, to prove that Israel does have that intention – a burden that S.A. has failed miserably to establish.

On another matter, massive protests took place this evening in Israel, calling for a hostage-release deal “at any price”. We all want the war to end. We all want all of hostages who remain alive to be released and return home. We all want the families of the hostages to be re-united with their loved ones. We all want our soldiers to walk out of Gaza and not be carried out. We all want the wounded to be treated and healed. We all want the bereaving families, who lost loved ones to be comforted. We all want that no weapon formed against Israel would prosper. But, to release over 6,000 prisoners, many of whom have committed terrorist acts against Israel in the past, is to release a ready-made army that will seek to carry out the threats of renewed “7th October” attacks. We would have to be out of our minds to do that.

Several weeks back, we asked for prayer for Amitai Argaman, who was seriously wounded and lost both legs in the fighting in Gaza. He was interviewed by Yoseph Haddad, an Arab Israel, who is a strong voice for Israel, both here and abroad. On his instagram page, Haddad wrote (free translation from Hebrew): “On 7th October, when the war broke out following the terrorist massacre committed by Hamas, Amitai immediately was called up and then entered Gaza with his companions, where they fought like lions against the Hamas terrorists. On the tenth of November, he was seriously wounded by a booby-trapped shaft in Khan Younis, where he fell along with a number of his comrades in arms. Amitai himself was in a life-threatening situation after he lost his 2 legs and was also injured in his arm and his eye. But, just as he fought there in Gaza, so he is also fighting today every moment in his long rehabilitation. He sacrificed his body for the country he loves so much, and for all of us. This is the opportunity to say “thank you” and I wish we were worthy of his sacrifice and contribution for us. Thank you, hero, and continue to be strong and be an inspiration to all of us.” Amitai’s story appeared on the evening news of Channel 13, during the course of which he also stated: “I was wounded in a just war, it was not in vain.”

Please continue to pray: for the soldiers, that they would all return in peace; for the hostages, that they are still alive and will be released; for the grieving families of members of the IDF killed in action and for the families awaiting the return of their loved ones from captivity; for healing of the thousands of war wounded and the almost quarter of the nation suffering post-traumatic stress following the events of 7th October; for wisdom for the government and courage to pursue what needs to be done; for wisdom, boldness, strength and skill for the IDF; for the lying tongue to be confused and confounded; and for the God of Abraham, Isaac and Jacob to be honored as a result of what is happening with Israel today.

Bless, be blessed and be a blessing. May you have a great week and find favor in the sight of God and man.

Marvin