The Biden administration is effectively delaying the delivery of up to 6,500 Joint Direct Attack Munitions, according to The Wall Street Journal.

By: Joshua Marks

The Biden administration has held up the delivery of thousands of precision weapons to Israel amid the Jewish state’s war against Hamas in Gaza, which entered a new phase overnight Monday as Israeli forces began to push into Rafah city.

According to a Wall Street Journal report on Monday, citing officials familiar with the deal, at issue is the sale of up to 6,500 Joint Direct Attack Munitions (JDAMs)—a guidance kit that converts “dumb bombs” into “smart” precision-guided munitions.

Congress was first informed of the proposed sale, worth some $269 million, in January. However, since then, the Biden administration has not moved forward with the deal.

White House National Security Council Spokesman John Kirby on Monday declined to comment on whether any arms sales had been postponed, telling reporters at the White House press briefing that “our security commitments to Israel are ironclad.”

The State Department must notify Congress of an arms sale to a foreign country when the sale’s dollar amount rises above a certain level, but the administration never followed up with the official notification of the JDAMs sale, the Journal reported. This caused “an effective pause” in the deal, current and former U.S. officials said.

“It’s unusual, especially for Israel, especially during a war,” a congressional official familiar with the arms sales process told the Journal.

The reason for the delay is unknown, but the Biden administration opposes a full-scale invasion of Rafah, citing humanitarian concerns.

The IDF began a targeted operation in Gaza’s southernmost city overnight Monday, taking control of the Rafah border crossing, which was preceded by evacuation notices for noncombatants in eastern Rafah, who were directed to a new, expanded humanitarian zone at Al-Mawasi.

The Journal report comes after Axios reported on Sunday that the Biden administration had halted a shipment of ammunition to Israel.

According to the U.S. news outlet, last week’s decision to place the shipment on hold left the Israeli government concerned, as it marked the first time since Hamas’s Oct. 7 massacre that the United States had halted military aid to the Israel Defense Forces.

The White House reportedly declined to comment on the report, while the U.S. Department of Defense, the U.S. State Department and the Israeli Prime Minister’s Office didn’t immediately respond to questions from Axios.

An unnamed Israeli official downplayed the report, telling the Israeli news website Ynet that “the flow continues” and Jerusalem was “not aware of a policy decision to stop it.”

“Even now, a continued series of defense shipments are being sent from the United States to Israel,” the official stated, while acknowledging that “one shipment or another may be delayed.”

Republican leaders responded to the Axios report, with House Speaker Mike Johnson of Louisiana calling it “wholly unacceptable.”

“Israel, our closest ally in the Middle East, is under attack, but the Biden Administration is yet again caving to the pro-Hamas wing of his party. The administration must end this pause immediately,” Johnson wrote.

Former vice president Mike Pence wrote that it “better not be true. America stands with Israel.” While former secretary of state Mike Pompeo wrote that “cutting off military aid to Israel would be indefensible. It would be a betrayal of a close ally fighting a defensive war.”

(JNS.org)

“Hamas intentionally positioned the command and control position within the vicinity of an active UNRWA location, jeopardizing the Gazan civilians taking refuge there,” the IDF said.

By: JNS.org

Israeli Air Force fighter jets attacked a Hamas command and control center inside a United Nations Relief and Works Agency for Palestine Refugees (UNRWA) complex in central Gaza on Saturday, the military said.

According to the Israel Defense Forces, which provided intelligence for the strike along with the Israel Security Agency (Shin Bet), the Hamas center “served as central terrorist infrastructure” that was used as a staging ground for attacks on IDF troops in the central Strip in recent weeks.

The strike was “carefully planned and carried out using precise munition to minimize harm to uninvolved civilians,” the military emphasized.

Furthermore, the Hamas base was used to carry out attacks on efforts to increase the distribution of humanitarian aid to Gaza civilians and Hamas oversaw the supply of weapons to dozens of Hamas terrorists from inside the command and control center, including terrorists operating in underground tunnels.

“Hamas intentionally positioned the command and control position within the vicinity of an active UNRWA location, jeopardizing the Gazan civilians taking refuge there,” the IDF said.

The strikes destroyed the operational capabilities of the Hamas command and control center at the UNRWA compound.

UNRWA refuses to evacuate from Rafah

Meanwhile, UNRWA said that it will not heed Israeli calls to evacuate parts of the Rafah in southernmost Gaza ahead of a planned military offensive against the last Hamas stronghold.

Juliette Touma, communications director for UNRWA, said that the agency has not evacuated the area and has no plans to do so.

On Sunday, four soldiers were killed and 10 others were wounded when Hamas terrorists fired 14 mortar shells from the Rafah area at Kibbutz Kerem Shalom.

The attack forced the closure of the Kerem Shalom crossing, a major entry point for humanitarian aid trucks in the Gaza Strip.

The military noted that “the launches were carried out by the Hamas terrorist organization near the Rafah Crossing, around 350 meters from civilian shelters. This is another clear example of the systematic exploitation by Hamas of humanitarian facilities and areas for terrorist purposes, while using the civilian population as a human shield.”

In other news, JNS also reported that the head of the United Nations’ nuclear watchdog arrived in Tehran on Monday, where he is expected to speak at a conference and meet officials for talks on Iran’s nuclear expansion.

According to the semi-official Tasnim News Agency, International Atomic Energy Agency Director Rafael Grossi was scheduled to “participate in the nuclear conference and negotiate with top nuclear and political officials.”

Grossi was expected to meet with Iranian Foreign Minister Hossein Amir-Abdollahian as well as Mohammad Eslami, head of the Islamic Republic’s Atomic Energy Organization.

Grossi’s visit comes on the background of heightened regional tensions in the wake of Iran‘s April 14 direct attack on Israel and with the IAEA criticizing Tehran for its lack of cooperation on inspections and other outstanding nuclear issues.

Grossi told German media last month that Iran was “weeks rather than months” away from having enough enriched uranium to build a bomb.

(JNS.org)

“This is a case that has nothing to do with international law and everything to do with political interests,” legal expert tells JNS.

By: Shimon Sherman

For the past several months Israel has been fighting on multiple fronts. One of the most critical theaters of the current war, however, has increasingly been not Lebanon or Gaza, but The Hague.

Increasingly, anti-Israel activists have been investing in lawfare as one of the most effective weapons with which to weaken and delegitimize Israel. According to recent reports, the International Criminal Court is now considering issuing arrest warrants against various high-ranking Israeli officials, including Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant and Israel Defense Forces Chief of Staff Herzi Halevi.

This move is being egged on by a series of countries in the anti-Israel coalition including, most notably, South Africa and Turkey.

“This is a case that has nothing to do with international law and everything to do with political interests,” Avraham Shalev, an expert in public law for the Kohelet Policy Forum, told JNS.

The ICC has never issued an arrest warrant against the leader of a democratic country, and if it follows through, Netanyahu would find himself in the undesirable company of Sudan’s President Omar al-Bashir, former Libyan ruler Muammar Gaddafi and Russian President Vladimir Putin, the only national leaders with arrest warrants from the ICC.

There is currently no concrete statement from the ICC regarding the legal details surrounding a potential indictment of Israeli officials. In 2021, then-chief prosecutor Fatou Bensouda opened an investigation into “possible crimes committed in the West Bank and Gaza” by Israel. Notably, Bensouda decided to set the chronological limit of the investigation at June 13, exactly one day after Palestinian terrorists kidnapped and murdered three Israeli teenagers, thereby launching “Operation Brother’s Keeper” and “Operation Protective Edge.”

In this way, the ICC probe initially sought to “probe Israeli attacks on civilian populations and violations of international law during Operation Protective Edge” without the context of the terrorist activity that sparked the 2014 Gaza war. “In the very setup of the case you can see an inbuilt bias against Israel,” said Shalev.

The current case against Israeli officials is quite broad and will likely look at “Israeli settlement activity, and use of disproportionate force during Protective Edge,” with alleged transgressions from the ongoing conflict likely being tagged onto the already existing case, he explained.

The ICC’s prosecutor, Karim Khan, has made statements regarding Israel’s provision of humanitarian aid and targeting of civilian infrastructure, implying that both might play a role in a future criminal prosecution. In a speech on Oct. 30 Khan said, “ I want to underline clearly to Israel that supplies must get to the civilians of Gaza without delay,” and cautioned Israel to “demonstrate the proper application of the principles of distinction, precaution and of proportionality.”

According to the laws of war, countries are required to allow humanitarian aid into affected areas under the condition that the aid reaches the civilian population and is not being seized by enemy forces.

“There is absolute documentation of Hamas taking over humanitarian convoys and preventing the aid from getting to civilians. This removes the legal necessity for Israel to participate or allow humanitarian aid,” Shalev told JNS.

Furthermore, even if Israel were to enforce a full siege of Gaza, this could still be a legal method of warfare under international law, he said. According to the Geneva Convention and International Humanitarian Law (IHL), “The prohibition of starvation as a method of warfare does not prohibit siege warfare as long as the purpose is to achieve a military objective and not to starve a civilian population.”

Israel’s rejection of ICC jurisdiction, including the territory of Gaza, Judea and Samaria, presents a further legal hurdle, he explained.

The ICC’s jurisdiction extends over crimes committed “on the territory of a State Party [to the Rome Statute] or by one of its nationals,” which does not include Israel but according to the ICC does include “Palestine,” as the Palestinian Authority did sign on to the Rome Statute in its capacity as a U.N. observer state.

The ICC has sought to legitimize its shaky claims of jurisdiction by passively going after Palestinian terror groups in tandem with its case against Israeli officials. Following a visit to Israel in December 2023, Khan said that the ICC was investigating the crimes against Israeli civilians as “some of the most serious international crimes that shock the conscience of humanity.”

A source close to the ICC prosecutor’s office told JNS that “any arrest warrant against Israeli officials will likely come together with warrants against members of Hamas and Islamic Jihad to give the court a balanced image.”

However, the impact of an indictment will likely be far greater on Israel than on Hamas.

“The effect on Israel’s reputation as a democratic country will be much worse than for a fundamentalist terror group like Hamas,” said Shalev.

The case before the ICC is also legally problematic due to the issue of complementarity. The principle of complementarity indicates that “a case is inadmissible before the ICC if it is currently under investigation by a state with jurisdiction over it,” as stated in the Rome Statute.

Multiple cases of alleged international law violations are being tried in Israeli military courts. Khan himself has previously recognized that “Israel has a professional and well-trained military with military advocate generals and a system that is intended to ensure their compliance with international humanitarian law, and lawyers advising on targeting decisions.” Therefore, any case brought against Israeli nationals would first have to prove that the Israeli legal system is incapable of or unwilling to probe the alleged violation fairly.

According to experts, the recent displays of anti-Israel bias at the ICC are not a bug but a feature.

“From the very beginning, the Rome Statute was designed to go after Israel,” Shalev explained. When the statute was being formulated, most of the clauses were taken almost verbatim from the Geneva Convention, with the exception of the section involving the laws regarding population transfer.

Article 49 of the Fourth Geneva Convention specifically forbids the forced transfer of populations to or from an occupied territory. However, at the request of various Arab states at the Rome conference, this definition was expanded to “the transfer, directly or indirectly, by the Occupying Power of parts of its civilian population into the territory it occupies.” Though this expanded definition could have been applied in several cases, including Turkey’s settlement policy in Cyprus and Russia’s transfer of population into Ukraine, this clause has only been used to go after Israeli communities in Judea and Samaria.

“The very formulation of the Rome Statute was designed to criminalize the presence of Jewish communities in Judea and Samaria. Under these terms, building roads, allowing Jews to own property and many other things can be called ‘indirect population transfer,’” said Shalev. “This clause has Israel’s name on it,” he added.

Though ICC arrest warrants would certainly negatively affect Israel’s international standing, it is important not to overstate the legal implications. In its 22 years, the ICC has never had a single successful conviction and arrest without cooperation from the defendant’s host nation. While technically signatories to the Rome Statute, including most European countries, would have an obligation to carry out such warrants, there is a long-standing precedent for diplomatic arrangements being made to skirt ICC rulings.

In other words, even if a warrant is issued, “There won’t be police on the tarmac in Europe if Netanyahu goes abroad,” Shalev explained. “There is a lot of leeway in reality,” he added.

The current conflict with the ICC has led to various methodologies being advanced to counter the growing threat of lawfare. Former deputy attorney-general Roy Schondorf, who led Israel’s efforts to defend itself against war crimes accusations and the ICC for about 13 years until mid-2022, has strongly advocated leaning on complementarity as a legal shield.

Israel can protect itself by “opening an external, independent Israeli state inquiry, to be led by a former judge,” he said. This model was successfully used in 2008-9 by the Turkel Commission, which Israel used to block investigations by the ICC and the U.N. Goldstone Commission Inquiry. Other experts have proposed a more aggressive approach to dealing with the ICC.

“We shouldn’t fall into the trap of thinking that if we cooperate and we show the world we are playing by the rules then sooner or later they will see our perspective,” said Shalev. “Ultimately this is not a question of law; by every metric the legal arguments are flawed. There is a clear political angle and our best bet is to stonewall. Don’t talk to them, don’t release documents and don’t engage,” he added.

(JNS.org)

By: Tia Goldenberg and Jon Gambrell

Israel ordered the local offices of Qatar’s Al Jazeera satellite news network to close Sunday, escalating a long-running feud between the broadcaster and Prime Minister Benjamin Netanyahu’s hard-line government as Doha-mediated cease-fire negotiations with Hamas hang in the balance.

The extraordinary order, which includes confiscating broadcast equipment, preventing the broadcast of the channel’s reports and blocking its websites, is believed to be the first time Israel has ever shuttered a foreign news outlet operating in the country.

Al Jazeera went off Israel’s main cable and satellite providers in the hours after the order. However, its website and multiple online streaming links still operated Sunday.

The network has reported the Israeli-Hamas war nonstop since the militants’ initial cross-border attack Oct. 7 and has maintained 24-hour coverage in the Gaza Strip amid Israel’s grinding ground offensive that has killed and wounded members of its staff. While including on-the-ground reporting of the war’s casualties, its Arabic arm often publishes verbatim video statements from Hamas and other regional militant groups.

“Al Jazeera reporters harmed Israel’s security and incited against soldiers,” Netanyahu said in a statement. “It’s time to remove the Hamas mouthpiece from our country.”

Al Jazeera issued a statement vowing it will “pursue all available legal channels through international legal institutions in its quest to protect both its rights and journalists, as well as the public’s right to information.”

“Israel’s ongoing suppression of the free press, seen as an effort to conceal its actions in the Gaza Strip, stands in contravention of international and humanitarian law,” the network said. “Israel’s direct targeting and killing of journalists, arrests, intimidation and threats will not deter Al Jazeera.”

The Israeli government has taken action against individual reporters over the decades since its founding in 1948, but broadly allows for a rambunctious media scene that includes foreign bureaus from around the world, even from Arab nations. It also blocked the foreign broadcasts of the Hezbollah-affiliated, Beirut-based Al Mayadeen news channel at the start of the war.

A law passed last month allows the government to take action against Al Jazeera, Netanyahu’s office said.

Israeli Communication Minister Shlomo Karhi later published footage online of authorities raiding a hotel room Al Jazeera had been broadcasting from in east Jerusalem, which the Palestinians hope to one day have for their future state. He said officials seized some of the channel’s equipment there.

“We finally are able to stop Al Jazeera’s well-oiled incitement machine that harms the security of the country,” Karhi said. His office said it would bar Al Jazeera from operating in Israel for at least 45 days, a measure that can be renewed.

The ban did not appear to affect the channel’s operations in the occupied West Bank or Gaza Strip, where Israel wields control but which are not sovereign Israeli territory.

The decision threatens to heighten tensions with Qatar at a time when the Doha government is playing a key role in mediation efforts to halt the war in Gaza, along with Egypt and the United States.

Qatar has had strained ties with Netanyahu in particular since he made comments suggesting that Qatar is not exerting enough pressure on Hamas to prompt it to relent in its terms for a truce deal. Qatar hosts Hamas leaders in exile in Doha.

The sides appear to be close to striking a deal, but multiple previous rounds of talks have ended with no agreement.

          (AP)

By: Tia Goldenberg and Jon Gambrell

Israel ordered the local offices of Qatar’s Al Jazeera satellite news network to close Sunday, escalating a long-running feud between the broadcaster and Prime Minister Benjamin Netanyahu’s hard-line government as Doha-mediated cease-fire negotiations with Hamas hang in the balance.

The extraordinary order, which includes confiscating broadcast equipment, preventing the broadcast of the channel’s reports and blocking its websites, is believed to be the first time Israel has ever shuttered a foreign news outlet operating in the country.

Al Jazeera went off Israel’s main cable and satellite providers in the hours after the order. However, its website and multiple online streaming links still operated Sunday.

The network has reported the Israeli-Hamas war nonstop since the militants’ initial cross-border attack Oct. 7 and has maintained 24-hour coverage in the Gaza Strip amid Israel’s grinding ground offensive that has killed and wounded members of its staff. While including on-the-ground reporting of the war’s casualties, its Arabic arm often publishes verbatim video statements from Hamas and other regional militant groups.

“Al Jazeera reporters harmed Israel’s security and incited against soldiers,” Netanyahu said in a statement. “It’s time to remove the Hamas mouthpiece from our country.”

Al Jazeera issued a statement vowing it will “pursue all available legal channels through international legal institutions in its quest to protect both its rights and journalists, as well as the public’s right to information.”

“Israel’s ongoing suppression of the free press, seen as an effort to conceal its actions in the Gaza Strip, stands in contravention of international and humanitarian law,” the network said. “Israel’s direct targeting and killing of journalists, arrests, intimidation and threats will not deter Al Jazeera.”

The Israeli government has taken action against individual reporters over the decades since its founding in 1948, but broadly allows for a rambunctious media scene that includes foreign bureaus from around the world, even from Arab nations. It also blocked the foreign broadcasts of the Hezbollah-affiliated, Beirut-based Al Mayadeen news channel at the start of the war.

A law passed last month allows the government to take action against Al Jazeera, Netanyahu’s office said.

Israeli Communication Minister Shlomo Karhi later published footage online of authorities raiding a hotel room Al Jazeera had been broadcasting from in east Jerusalem, which the Palestinians hope to one day have for their future state. He said officials seized some of the channel’s equipment there.

“We finally are able to stop Al Jazeera’s well-oiled incitement machine that harms the security of the country,” Karhi said. His office said it would bar Al Jazeera from operating in Israel for at least 45 days, a measure that can be renewed.

The ban did not appear to affect the channel’s operations in the occupied West Bank or Gaza Strip, where Israel wields control but which are not sovereign Israeli territory.

The decision threatens to heighten tensions with Qatar at a time when the Doha government is playing a key role in mediation efforts to halt the war in Gaza, along with Egypt and the United States.

Qatar has had strained ties with Netanyahu in particular since he made comments suggesting that Qatar is not exerting enough pressure on Hamas to prompt it to relent in its terms for a truce deal. Qatar hosts Hamas leaders in exile in Doha.

The sides appear to be close to striking a deal, but multiple previous rounds of talks have ended with no agreement.

          (AP)

The project is called ‘Hostages Documentation Project’ which will be a collection of testimonies accessible to the public.

By: Sveta Listratov – TPS

Former hostages released from captivity in Gaza along with the families of current hostages shared insights into their harrowing experiences on Monday as the government partially unveiled a project to document their stories.

“There is no justification for the things we’ve been hearing here. If there is such a thing as a free world, it should be on our side without any conditions, trying to free the hostages who are still in the hands of Hamas,” insisted Moshe Or. His brother, Avinatan, was kidnapped to Gaza with his girlfriend at the Nova music festival.

Israel’s Government Press Office partially unveiled its “Hostages Documentation Project” which is gathering testimonies and will be accessible to the general public, academic researchers and the media.

“Why is it so hard to believe that people were actually abused, who saw their loved ones attacked and killed before their eyes? Why is it so easy to believe the words of a terror organization dedicated to eradicating the Jewish people?” said GPO director Nitzan Chen.

“This project is an opportunity to hear firsthand about the unspeakable events of October 7, the time that the hostages suffered at the hands of their captors, the abuse and terror that they underwent.”

During a panel discussion, freed hostages shared harrowing accounts of their experiences, emphasizing the harsh reality of captivity under Hamas.

“Some of the Hamas guards were walking around us in a barbaric manner, carrying weapons and a commando knife, doing things that put us under stress… serious distress…” said 70-year-old Louis Har who was abducted with his family from Kibbutz Nir Yitzhak. Har, a dual Israeli-Argentine national, was freed with Fernando Simon Marman during a dramatic rescue mission in February.

Har struggled to finish his sentences, his voice faltering, his legs trembling as he attempted to compose himself.

What he did confirm was the first-hand testimonies he heard himself about the sexual abuse suffered by men in captivity.

“I heard there were rapes of boys who were raped on purpose in front of the children hostages. It’s a terrible thing,” he said with visible pain.

On hearing Har’s account and witnessing the distressing videos gathered by the project, Malki Shem Tov, father of the hostage Omer Shem Tov, said his heart was shattered by the harrowing revelations.

“There’s no way to express what I feel hearing these stories for over 200 days,” Shem Tov said in a quiet voice. “If Omer hears me I want to tell him we are doing everything to bring them back home.”

Omer, now 21, was abducted from the Nova music festival, where 364 people were killed and 40 more were taken hostage.

Of all the locations attacked by Hamas on October 7, the highest death toll was at the music festival, on the grounds of Kibbutz Re’im.

“As to his abductors, I would like to say, try to be human. Omer is a young man. He has a soul. Don’t hurt him physically and don’t hurt his soul. I hope he is strong enough to make it,” Shem Tov said as tears brimmed in his eyes.

Chen Goldstein-Almog was abducted with her children from their home in Kibbutz Kfar Aza and taken to Gaza with three of her children, ages 9-17 on October 7.

Her husband and oldest daughter were murdered in their safe room in front of Chen and the children.

Goldstein-Almog said encounters with abducted female soldiers, ages 18 and 19, gave her and the children hope.

“In the week they spent with us, they exhibited incredible strength, displaying remarkable resilience in their determination to survive. I can only hope that they still hold onto that sense of hope,” Goldstein-Almog said.

She recounted how one hostage resorted to self-surgery to remove metal fragments from her body.

Goldstein-Almog also shed light on the sexual abuse the hostages endured.

“At gunpoint, they put their fingers in those girls everywhere possible, in such a shocking way. They are demanding from them to do things for them, sexual acts. The girls went through very difficult things there,” Goldstein recalled.

She added that her captors showed no remorse for their atrocities.

“It appears they had long prepared for the prospect of capturing numerous Israelis. Emboldened by their perceived success on October 7th, they discussed future incursions, suggesting we not return to Kfar Aza,” Goldstein-Almog said.

“They said, ‘How many of us do you think will come next time? Twenty-thousand, forty-thousand? We will rehabilitate ourselves and, in a few years, we’ll be back.’ They don’t seem to have anything to lose.”

The event took place hours before the Israeli military launched its long-anticipated invasion of Rafah, Hamas’s last Gaza stronghold.

On Tuesday morning, the IDF confirmed it had seized control of the Palestinian side of Gaza’s Rafah border crossing with Egypt.

“Yes Rafah, no Rafah, I’m not interested in it right now. I want my little brother at home,” said Moshe Or. “The nations of the world should force Hamas to return the hostages. We demand that you intervene not only in words but in actions. There are rules in war, and the hostages should not have been taken captive at all, and now they have to be released, already today, already now.”

At least 1,200 people were killed and 240 Israelis and foreigners were taken hostage in Hamas’s attacks on Israeli communities near the Gaza border on October 7. Around 30 of the remaining 133 hostages are believed dead.

          (TPS)