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Top foreign military officials to ICC: Don’t arrest Netanyahu, Gallant

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Top foreign military officials to ICC: Don’t arrest Netanyahu, Gallant



The Higher Level Military Group has submitted a legal brief to the International Criminal Court seeking to convince the judges to reject a request by ICC Prosecutor Karim Khan for arrest warrants against Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant.

The specific legal group includes top former military generals and military legal officials from several North American and European countries who, in July, visited a wide variety of IDF bases and humanitarian aid sites at both higher-level and lower-level command levels throughout Israel and Gaza.

In the brief, the group addresses Khan’s two main thrusts for prosecuting Netanyahu and Gallant: charges of alleged starvation and charges of alleged deliberate killing of Palestinians by the IDF under orders.

Regarding the charges of starvation, the brief finds that Israel and the IDF’s humanitarian efforts were initially delayed by several days of fighting to expel the Hamas invasion, which went on for the greater part of the week after October 7 as well as another week of initial massive deployment efforts of around 100,000 troops to the Gaza front, many of whom also lacked proper food and supplies at times.

However, from October 21 onward, the group found that the IDF facilitated humanitarian aid convoys (initially via the Nitzana Crossing). 

A truck carries humanitarian aid across Trident Pier, a temporary pier to deliver aid, off the Gaza Strip, amid the ongoing conflict between Israel and Hamas, near the Gaza coast, June 25, 2024. (credit: REUTERS/AMIR COHEN/FILE PHOTO)

Further, the group said that there is no war crime for first providing aid to one’s troops at a minimal level before facilitating aid to a foreign civilian population and that the delay was short-lived and did not lead to starvation, given the food and supplies previously stocked up in Gaza.

Next, the group calls out Khan for implying that Israel closed the Erez and Rafah crossings when Hamas destroyed the Erez Crossing, and the Rafah crossing has always been a mixed project between Israel and Egypt.

Arguments over whether Kerem Shalom crossing could have opened earlier 

Regarding the Kerem Shalom crossing, which was only opened in mid-December, there are complex arguments about whether it could not be opened earlier because the IDF did not have sufficient security control in northern Gaza to keep the crossing and aid coming from it safe or whether there were internal Israeli political issues, but generally the group argues that there is no evidence of Israel wholesale blocking aid.

Rather, the group asserts that the IDF set innovative and high standards for providing aid in a complex urban warfare zone where Hamas was trying to steal or siphon the aid away from its own civilian population, making the challenges involved beyond anything that other democracies have had to contend with.

In addressing targeting issues, the group said that the IDF had developed innovative technologies to help move and map out the movements of large Palestinian civilian groups to ensure their safety despite massive security challenges.

According to the brief, the IDF is up against a unique enemy in that Hamas systematically uses its civilian population and their civilian buildings, like hospitals, mosques, and schools, as human shields.

Further, the brief noted that Hamas fired 10,000 rockets into Israel’s home front, including ongoing through July and August, something that Western militaries have not had to face.

Most importantly, the group interviewed forward commanders and troops and found that their understanding of the laws of war corresponded to proper views as directed by the IDF legal division.

From the perspective of the ICC’s own laws, the brief said that it was premature for Khan to get involved when the IDF was still in the early and middle stages of probing its own alleged war crimes.

In fact, the group said that the IDF is now probing around 300 possible war crimes from the current war, nearly double the previous number reported.



On July 19, the Jerusalem Post exclusively reported that the IDF legal division had opened around 75 full criminal probes, while there were another around 60 operational probes, for a total of under 150.

This was a significant update from May 27 when IDF Military Advocate General Yifat Tomer Yerushalmi publicly announced that she had opened around 70 criminal probes to date.

The group said that Khan could not make even any initial conclusions about potential war crimes for Netanyahu and Gallant without evidence about whether the soldiers who they allegedly ordered to commit war crimes, in fact, perpetrated such crimes.

Rather, the group said that it was quite possible that the broader IDF apparatus directed by Netanyahu and Gallant acted properly, but that there were a number of incidents of failures by middle and lower level commanders.

As an example, the group noted that the IDF had coordinated 16,000 aid deliveries since the start of the war, with only a few leading to incidents.

However, the group noted that most of the world’s attention tends to focus on such individual incidents as when the IDF mistakenly killed seven aid workers of the World Central Kitchen (three top IDF officers were either fired or reprimanded) and not on almost all of the 16,000 successful aid deliveries. 

One problem Israel has faced is that there is currently no probe of government officials, though the Post has reported exclusively recently that such an independent state inquiry is being highly considered to avoid ICC intervention.

The ICC is not supposed to intervene if a country proves its own alleged war crimes.

Overall, the group said that if the ICC goes after Netanyahu and Gallant, it will have created a new standard which essentially no democracies will be able to live up to if facing an asymmetric enemy like Hamas or ISIS, who uses civilians as human shields systematically.





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IDF told to prepare for ‘immediate’ return to Gaza fighting – report

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IDF told to prepare for ‘immediate’ return to Gaza fighting – report



Israel’s political echelon, led by Prime Minister Benjamin Netanyahu, has ordered the IDF to prepare for an “immediate” return to fighting in Gaza, KAN News reported on Friday evening.

The Jerusalem Post reported earlier this week that Israeli officials estimated that if no agreement was reached between Israel and Hamas, Israel would return to fighting in Gaza in about a week and a half.

“Hamas is currently rejecting [US Middle East envoy Steve] Witkoff’s proposal, so it is very difficult to make progress,” one official said.

According to the Prime Minister’s Office, Witkoff’s plan involves the release of half of the living hostages and the return of half of the bodies on the first day of the continued deal. The rest of the hostages and bodies would be returned on the 42nd day, which would be the final day of the ceasefire.

However, some claim that the terrorist organization has not rejected the proposal. According to a source familiar with the negotiations, “Hamas has neither accepted nor rejected the Witkoff proposal.”

Steve Witkoff seen on a background of Hamas terrorists and a protest sign featuring US President Donald Trump (illustrative) (credit: Israel Hadari/Flash90, REUTERS/EVELYN HOCKSTEIN)

Eyal Zamir to Gaza border community heads: We’re preparing to fight

On his first day as the new IDF chief of staff on Thursday, Lt.-Gen. Eyal Zamir told heads of local councils from the Gaza border communities that “we are preparing to return to fighting” in Gaza.

“We must defeat Hamas,” Zamir said. “We are also preparing to resume fighting. The hostages are our top priority.”

Amichai Stein contributed to this report.





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Hamas ‘neither accepted nor rejected’ Witkoff’s plan as Gaza hostage talks stall

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Hamas ‘neither accepted nor rejected’ Witkoff’s plan as Gaza hostage talks stall



Negotiations over the continued release of hostages held in Gaza have stalled, and “right now there is nothing happening,” sources familiar with details of the talks admitted in conversation with The Jerusalem Post on Monday.

“Right now, there’s nothing happening,” an Israeli official told the Post, adding that “Hamas is currently rejecting the Witkoff proposal, so it is very difficult to make progress.”

According to Prime Minister Benjamin Netanyahu’s office, the Witkoff plan involves the release of half of the living hostages and the return of half of the bodies on the first day of the deal. The second half of the hostages and bodies would be returned on the 42nd day, which would be the final day of the ceasefire.

On the other hand, some claim that Hamas has not rejected the proposal. “Hamas has neither accepted nor rejected the Witkoff proposal,” said a source with knowledge of the negotiations with the Post.

“Hamas has said it is willing to negotiate and has not rejected the plan. Since Israel currently states that this is the proposal on the table, from Israel’s perspective, Hamas has rejected it.”

Hamas terrorists seen in Khan Yunis, February 20, 2025 (credit: ABED RAHIM KHATIB/FLASH90)

Trump envoy Steve Witkoff not expected to visit Israel soon, source says

An Israeli source told the Post that there is no expectation for Trump’s envoy, Steve Witkoff, to visit the region at the moment, adding, “He will only come to finalize a deal. And since there is no real progress right now, it is unclear when or if he will arrive.”

Without an agreement on the release of additional hostages in the coming days, Israeli sources say Israel is preparing to escalate its actions against Hamas. After the decision on Sunday to stop humanitarian aid, Israel is preparing to cut off water and electricity to the Gaza Strip, as well as resume fighting – some say this might happen, without a deal, as early as next week.

Israeli officials suggest that even without accepting the Witkoff initiative, Hamas might agree to release additional hostages in the near future in exchange for the release of terrorists from prison and the entry of caravans and humanitarian aid, but they add that this also depends on other issues.

“The Israeli government needs to decide what will be negotiated with Hamas and what they will receive in exchange for the release of hostages in the coming weeks,” said an Israeli source. “Hamas’s agreement to release more hostages depends on the answers to these questions.”

Israeli Defense Minister Israel Katz said on Monday that Israel responded to the mediators’ request to allow a few more days of negotiations. Katz added,d “If Hamas does not release the hostages soon, the gates of Gaza will be locked and the gates of hell will be opened – we will return to fighting, and they will face the IDF with forces and methods they have never encountered before.”


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Israeli officials suggest that even without accepting the Witkoff initiative, Hamas might agree to release additional hostages in the near future in exchange for the release of terrorists from prison and the entry of caravans and humanitarian aid, but they add that this also depends on other issues. “The Israeli government needs to decide what will be negotiated with Hamas and what they will receive in exchange for the release of hostages in the coming weeks,” said an Israeli source. “Hamas’s agreement to release more hostages depends on the answers to these questions.”





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Israel, Hamas fail in talks as Gaza hostage deal reaches dead end, source tells ‘Post’

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Israel, Hamas fail in talks as Gaza hostage deal reaches dead end, source tells ‘Post’



No progress has been made in the ceasefire talks in Cairo, and Israel is reaching a dead end, a source familiar with the details of the negotiations told The Jerusalem Post Saturday.

There were lots of technical discussions but no results, the source added.

Israel and mediating countries believe that only the Trump administration can perhaps break the talks out of the impasse.

“When [US Middle East envoy Steve] Witkoff arrives, things may happen. Everyone is waiting for him,” the source said.

American business person Steve Witkoff makes remarks next to US President-elect Donald Trump, at Mar-a-Lago in Palm Beach, Florida, US January 7, 2025 (illustration). (credit: Canva, REUTERS/CARLOS BARRIA, Shannon Stapleton/Reuters)

Prime Minister Benjamin Netanyahu will convene a meeting on the hostage deal in the next several hours with senior officials and the negotiation team, an Israeli official told the Post.

Hamas refusing Israeli proposal to extend phase one of deal

Hamas is refusing the idea of extending the first phase of the deal, Israeli officials said.

The Israeli and Qatari delegations arrived in Cairo on Thursday. The delegation is led by Coordinator for the Hostages and the Missing Persons, Brig.-Gen. (Res.) Gal Hirsch, as well as “M,” an anonymous officer from the Shin Bet. M is the former deputy of Shin Bet chief Ronen Bar, who is reportedly no longer part of the hostage deal negotiating team.





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