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The Intercept
4 days ago
- Politics
- The Intercept
An Unexpected Path to Hold War Criminals Accountable
Benjamin Netanyahu arrives at the Capitol to meet with U.S. lawmakers on July 9, 2025, in Washington, D.C. Photo: Samuel Corum/Sipa USA via AP Images Tyler McBrien is the managing editor of Lawfare and a 2024-25 Law & Justice Journalism Project Fellow. Many of those watching the horrors unfold in Gaza have hung their highest hopes and deepest frustrations on the world's apex courts: the International Court of Justice and the International Criminal Court. Nearly two years into the war, these judicial bodies have neither prevented atrocities from occurring nor punished perpetrators. Journalists and activists amassed ample evidence documenting war crimes committed by the Israeli military, and yet its soldiers continue to operate in Gaza with impunity. It's a mistake to laser-focus on the ICJ, established by the United Nations Charter to settle disputes between states, and the ICC, which prosecutes individuals accused of genocide, war crimes, crimes against humanity, and the crime of aggression under the Rome Statute. Doing so misunderstands and overemphasizes their role. 'The ICC takes up way too much oxygen in discussions of international criminal justice and accountability,' the International Crisis Group's Brian Finucane told me. The myopia also misses important work happening in national courts. It's here at the domestic level where Palestinians have the best chance to see justice, as nation-states attempt to fulfill their international obligations through homegrown investigations and prosecutions. In many ways, the hopes and frustrations lavished on the ICC and ICJ are understandable. 'When people think of international trials, they think of Nuremberg and the signal to the international community that these are the most serious crimes that are being perpetrated,' said Jake Romm, a human rights lawyer and U.S. representative for the Hind Rajab Foundation. Gaza is exactly the kind of grave situation for which these courts were founded, and they have not been completely dormant since October 7, 2023. In early 2024, after South Africa brought a case against Israel alleging that it violated the U.N. Genocide Convention, the ICJ issued several rounds of provisional measures ordering Israel to prevent genocidal acts, halt military action, and ensure the flow of humanitarian aid. In November that same year, the ICC put out arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant (along with three top Hamas commanders) for the war crime of starvation as a method of warfare and the crimes against humanity of murder, persecution, and other inhumane acts. But the wheels of justice in general turn slowly, and, for Palestinians, it can often feel like the wheels of international justice in particular seldom turn at all. The ICJ likely won't rule on the genocide case until the end of 2027 at the earliest. And while the prospects of seeing Netanyahu or Gallant in the dock at The Hague were always dim, they look even dimmer after Hungary, a state party to the Rome Statute, allowed Israel's wanted prime minister safe passage through Budapest, shirking its obligation to arrest him. The ICC also remains embroiled in crisis after its chief prosecutor took leave amid allegations of sexual misconduct, as perennial resource problems and political pressure continue to plague the court and the Trump administration targets the institution with sanctions and other threats. Even special international criminal tribunals, like the ad hoc structures created in the former Yugoslavia or Rwanda, are subject to a United Nations Security Council veto, an insurmountable hurdle for Palestinians. These international courts have surely not met the moment, but they cannot fight for global justice alone, nor were they designed to. Without an independent enforcement mechanism, international law functions as a voluntary system, dependent on states — as both its subjects and principal agents — to carry it out. And, according to associate professor of criminal law at the University of Milan and senior legal adviser to the European Center for Constitutional and Human Rights Chantal Meloni, the Rome Statute set out 'a very clear logic that not every international crime committed everywhere in the world can be under the jurisdiction of the ICC, and states have to take their share of the responsibility to prevent and punish these crimes.' National courts, on the other hand, often don't face the same resource constraints and can go after perpetrators up and down the chain of command. The pursuit of justice through domestic courts 'involves potentially hundreds, even thousands of potential suspects as opposed to the ICC, which is only ever going to be dealing with a handful of cases,' said Mark Lattimer, executive director at the Ceasefire Centre for Civilian Rights. While states also face their own political pressures, they do not have to perform the ICC's difficult dance of appeasing its many patrons. Lattimer added that domestic efforts can also 'act as a break on double standards' all too present in international courts, especially for countries with a strong, independent judiciary insulated from prevailing geopolitical power shifts and free to pursue the gravest breaches of international law irrespective of the perpetrator's nationality. Read our complete coverage Efforts to activate domestic jurisdiction for international crimes are not new. A growing body of case law has arisen out of extraterritorial prosecutions in the Syrian war, the Balkan wars, various African conflicts, and, of course, World War II. Countries such as Spain and Belgium already had universal jurisdiction laws, which empower national authorities of any country to investigate and prosecute serious international crimes even if they were committed in another country, in place even before the adoption of the Rome Statute in 1998. Lawyers and activists are building on this historical precedent by pushing for domestic jurisdictions to investigate and prosecute allegations of atrocities by Israel's military in Gaza, the fruits of which have already led to tangible outcomes across several countries. Last month, Belgian authorities detained and questioned two Israeli soldiers on leave at a music festival in response to a legal complaint filed by the Hind Rajab Foundation and the Global Legal Action Network. The episode may have marked the first time national authorities detained Israeli soldiers on suspicion of crimes committed in Gaza, but these 'traveling soldiers,' some of them dual nationals, have faced other consequences. In January, the Israeli foreign minister helped Yuval Vagdani, as a vacationing soldier, escape from Brazil after learning that a federal judge there had opened a war crimes investigation stemming from another Hind Rajab Foundation legal filing. (Vagdani has denied the allegations in the filing.) In addition to filing a complaint with the ICC against more than 1,000 members of Israel's military, the Hind Rajab Foundation has filed complaints and arrest requests with the national authorities of at least 23 countries. In response to these activities and others, the Israeli government issued advisories for soldiers traveling to certain jurisdictions with legal resources and other advice. 'They're spooked,' said Romm. 'National legal systems are coming online to possibly arrest and incarcerate these Israeli soldiers for what they're doing to the Palestinians for the first time in history.' Though no complaint has resulted in a prosecution yet, these cases will likely continue and may even pick up speed. In July, 30 countries convened by The Hague Group committed to supporting 'universal jurisdiction mandates, as and where applicable in our legal constitutional frameworks and judiciaries, to ensure justice for all victims and the prevention of future crimes in the Occupied Palestine Territory.' Of course, the current political environment in several countries make any investigations of Israeli soldiers impossible, regardless of questions of jurisdiction and prosecutorial capacity. In April, the Hind Rajab Foundation filed an urgent request with the Justice Department to prosecute the Israeli soldier Yuval Shatel under U.S. federal law after learning he was spotted in Texas days prior. According to a press release from the foundation, the filing included a dossier of evidence in support of allegations that Shatel committed 'serious violations of international humanitarian law during Israel's military campaign in Gaza.' (Shatel and the Justice Department did not respond to requests for comment). At the same time, the Hind Rajab Foundation is not naive. The chance of U.S. Attorney General Pam Bondi directing the Justice Department to investigate its allegations against Shatel seems slim at best, especially since the U.S. War Crimes Act, passed in 1996, laid dormant until December 2023, when the Justice Department indicted four Russians for alleged violations of the federal war crimes statute — the first (and only) prosecution in the law's 30-year history. The apparent unwillingness to apply the statute elsewhere drew criticism as Israel's military campaign in Gaza intensified. On October 21, 2024, Justice Department attorneys wrote a letter to Bondi's predecessor, Merrick Garland, 'calling out the 'glaring gap' between the department's approach to crimes committed by Russia and Hamas — versus the department's silence on potential crimes committed by Israeli forces and civilians.' The Hind Rajab Foundation's request aims to close that gap. 'There is a discrepancy between what the letter of the law says and how the U.S. is acting,' said Romm. 'We filed this because we want them to prosecute, and because they can. They have jurisdiction, and the crimes are very clear.' The Shatel case is HRF's first U.S. prosecution request, but Romm says it won't be the last. 'All I can say is there will be more,' he told me. 'We're going to try to get everyone we possibly can.' 'Despite the fact that this carnage has gone on for almost two years now, it's still, by the standards of justice, in the early days.' There is no statute of limitations for the gravest transgressions of international law. For perpetrators of war crimes, crimes against humanity, or genocide, the prosecutor's sword of Damocles will hang over them for a lifetime. In December, German courts cleared the way for a 100-year-old former Nazi to stand trial nearly 80 years after the end of WWII. 'Despite the fact that this carnage has gone on for almost two years now, it's still, by the standards of justice, in the early days,' said Finucane. 'When it comes to atrocity crime accountability, there are very long tails, and these things spool over the course of decades.' For anyone demanding justice and accountability for Israel's crimes in Gaza, the message is clear: Let a thousand prosecutions bloom.
Newsweek
19-07-2025
- Health
- Newsweek
Millions of New Yorkers Warned Over Health Insurance
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. Millions of New Yorkers are at risk of losing their health insurance coverage, Governor Kathy Hochul warned this week as the fallout from President Donald Trump's recently signed One Big Beautiful Bill Act begins to take shape. Hochul said the legislation would slash $3 billion from New York's health care system, triggering major cuts that could leave more than 2 million residents without their current coverage. Of those, an estimated 1.3 million could lose access to Medicaid because of new eligibility requirements and verification hurdles included in the law. Why It Matters Trump signed the One Big Beautiful Bill Act into law on July 4, with cuts to Medicaid among the legislation's controversial provisions. New York runs one of the largest Medicaid programs in the country, leaving the state particularly vulnerable to the bill. New York Governor Kathy Hochul taking part in the 2025 NYC Pride March along Fifth Avenue, New York, on June 29. New York Governor Kathy Hochul taking part in the 2025 NYC Pride March along Fifth Avenue, New York, on June 29. Anthony Behar/Sipa USA/AP What To Know On Thursday, Hochul convened a Cabinet meeting to outline the sweeping consequences of the newly signed One Big Beautiful Bill Act, warning it would leave millions of New Yorkers vulnerable to losing health coverage and food assistance while straining the state's finances for years to come. According to new estimates from the nonpartisan Congressional Budget Office, the bill will cut about $1.1 trillion in health care spending and result in 11.8 million people losing Medicaid health insurance over the next decade. One of the most consequential elements of the federal law restricts which immigrant populations qualify for Medicaid coverage under the Essential Plan. Only green card holders and immigrants from a limited list of countries—including Cuba, Haiti and some Pacific Island nations—will remain eligible. In New York, the governor warned, the changes could be especially devastating. The change is expected to strip coverage from about 500,000 immigrants in New York, leaving the state with an estimated $3 billion annual bill if it opts to maintain their insurance. Hochul said the administration was evaluating a potential legislative response in light of a 2001 state court ruling that requires the state to provide Medicaid coverage to some immigrants excluded from federal programs. "We're having discussions now internally, but also will be engaging the leaders of the Legislature during this time," she said. Hochul also warned that the federal health care cuts would hit rural hospitals especially hard. "Most of our state is rural," she said. "If we start closing these hospitals, you'll have to drive great distances—and that's dangerous." Although the governor said her team anticipated some federal cuts—prompting a $400 billion reduction in projected state spending and the downsizing of a planned inflation rebate from $300 million to $200 million—the scope of the new law exceeds what the state had prepared for. Like Medicaid, the Supplemental Nutrition Assistance Program is also set to undergo funding changes. Under the new law, the federal government plans to continue funding SNAP, but states now have to share some of the cost if their payment error rate is 6 percent or higher, beginning in 2028—two years after the next midterm elections. Beginning in October 2027, New York would be required to fund 15 percent of all SNAP benefits—a projected $1.2 billion annual cost. At the same time, the federal government's share would drop from 50 percent to 25 percent. The state would have to pay an additional $36 million annually, while counties and New York City would shoulder an extra $168 million. According to New York officials, up to 3 million residents may see their food benefits jeopardized as a result of the changes. Hochul has also said the bill will cost New York $750 million this year and $3 billion next year alone. What People Are Saying New York Governor Kathy Hochul said in a news release on Thursday: "While Republicans in Washington callously slash funding for vital programs across the country, my administration is standing up for New Yorkers to soften the blow of these cuts amidst an affordability crisis. "President Trump's devastating 'Big Ugly Bill' will inflict harm across the state, leaving detrimental gaps in funding and families without the crucial benefits and coverage that they need. New York State remains laser-focused on ensuring New Yorkers have access to resources and support necessary to uplift them and their families." What Happens Next Medicaid's funding changes under the new law are not scheduled to take effect until 2028.
Newsweek
08-07-2025
- Politics
- Newsweek
Karoline Leavitt's Change in Appearance Comes Under Scrutiny
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. Karoline Leavitt's change in appearance has attracted scrutiny from online commentators. The White House press secretary was pictured without her cross necklace while speaking about Jeffrey Epstein, sparking conspiracy theories about her intentions. Why It Matters Leavitt has been outspoken about her faith. She has worn a cross necklace in multiple press briefings as well as TV interviews. In a February interview with The New York Post, Leavitt said: "My Christian faith is a huge part of my life. My faith, my marriage, my family life - it's everything to me." What To Know Some social media users baselessly suggested Leavitt's choice to wear a necklace or not coincide with her talking about the Jeffrey Epstein files. White House Press Secretary Karoline Leavitt gives remarks during a press briefing in the James Brady Press Briefing Room of the White House in Washington DC, on Monday July 7, 2025. The White House announced... White House Press Secretary Karoline Leavitt gives remarks during a press briefing in the James Brady Press Briefing Room of the White House in Washington DC, on Monday July 7, 2025. The White House announced it will further delay reciprocal tariffs until August 1. More Photo by Aaron Schwartz/Sipa USA)(Sipa via AP Images Trump's administration ordered a review of the case with a view to the publication of names and evidence about the associates of Epstein, a wealthy financier who died by suicide in his jail cell in August 2019, weeks after his arrest on sex trafficking charges. However, a memo by the Department of Justice and the F.B.I. now states there is no "client list," and there will be no more charges. This has triggered a backlash among those who wanted transparency about Epstein. However, Leavitt doesn't always wear her necklace and has been pictured without it on numerous other occasions, according to a Newsweek review of the White House YouTube channel and Getty images. There is no evidence that Leavitt's lack of necklace has anything to do with the Epstein saga. What People Are Saying One X user posted: "Interesting that Karoline Leavitt took off her cross today while talking about the Epstein files." White House press secretary Karoline Leavitt told reporters on Monday: "The Trump administration is committed to truth and to transparency. That's why the attorney general and the FBI director pledged at the president's direction to do an exhaustive review of all of the files related to Jeffrey Epstein's crimes and his death. And they put out a memo in conclusion of that review. There was material they did not release because frankly it was incredibly graphic and it contained child pornography which is not something that's appropriate for public consumption. But they committed to an exhaustive investigation. That's what they did and they provided the results of that. That's transparency." What Happens Next The frequency with which Leavitt will wear her necklace remains to be seen. Internet commentary about this will doubtless continue. Meanwhile, backlash to the administration regarding the so-called Epstein client list also prevails.
Newsweek
30-06-2025
- Politics
- Newsweek
Republican Tells Zohran Mamdani: 'Go Back to the Third World'
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. Republican Representative Brandon Gill has told New York City mayoral candidate Zohran Mamdani to "go back to the Third World" in response to a video of him eating with his hands. A brief clip of Mamdani eating rice with his hands and talking about how growing up in Uganda shaped his understanding of the struggle of Palestinians went viral on X, formerly Twitter, on Sunday. The clip prompted a backlash from right-wing figures including Gill, who wrote that "civilized people in America don't eat like this," and that "if you refuse to adopt Western customs, go back to the Third World." However, others hit back at Gill's comments, noting that many Americans eat food like pizza, burgers and tacos with their hands. Mamdani, a state lawmaker, declared victory in New York City's Democratic mayoral primary last week after former governor Andrew Cuomo conceded the race. He would be the city's first Muslim and Indian American mayor if elected in November. Mamdani was born in Kampala, Uganda, to Indian parents and lived briefly in South Africa before moving to New York City when he was seven. He became an American citizen in 2018, shortly after graduating college. Representative Brandon Gill speaking in Washington D.C. in February, and Zohran Mamdani speaking at his primary election party in New York last week. Representative Brandon Gill speaking in Washington D.C. in February, and Zohran Mamdani speaking at his primary election party in New York last week. Aaron Schwartz/Sipa USA//Heather Khalifa/AP This is a developing story. Updates to follow.
New York Post
27-06-2025
- New York Post
‘Homeless by choice': Tragic last days of Netflix reality show realtor killed in Hamptons hit-and-run
Sara Burack sold luxury homes to the Hamptons' wealthiest buyers — and even appeared on the Netflix reality show 'Million Dollar Beach House' — but at the time of death last week, the golden girl was 'homeless by choice' and suffering from mental health issues, despite an outpouring of family support, sources told The Post. 'She was a real businesswoman. Savvy, smart. She was a really hard worker and a good person,' her close friend and former boyfriend Mike White, a builder from Southampton, told The Post. But she was also, he added, a 'workaholic times 10.' And while that meant that 'she became one of the top agents here,' it also may have fueled a dangerous reliance on pills. 9 Sara Burack, who sold luxury homes to the Hamptons' wealthiest buyers, and appeared on the Netflix reality show 'Million Dollar Beach House,' died last week in a fatal hit-and-run. Sipa USA via AP 'She kept taking Adderall to stay awake and keep working,' White said, 'She was trying to work longer and longer staying up for all types of hours.' It's unknown why Burack was walking on Montauk Highway, near Villa Paul restaurant in Hampton Bays, in the middle of the night when she was struck in a hit-and-run last week. Police found her unconscious around 2:45 a.m. on June 19, and she was transported to Stony Brook University Hospital, where she died. Amanda Kempton, 32, was later charged with leaving the fatal scene, a class D felony punishable by up to four years in prison, according to the Southampton Town Police Department. She pleaded not guilty and was released on $100,000 bail. 9 It's unknown why Burack was walking on Montauk Highway, near Villa Paul restaurant in Hampton Bays, in the middle of the night when she was struck by a car. @luxgrouppalmbeach/Instagram 9 'She was a real businesswoman. Savvy, smart. She was a really hard worker and a good person,' her close friend and former boyfriend Mike White told The Post of Burack. Brian Zak/NY Post White, who said he was by her side in the hospital, believes she was likely looking for a place to stay. 'She was staying in bank foyers,' he said, again stressing that it was by choice. Last year, Burack apparently sold her car and condo. 'She wasn't driving anymore. She didn't lose her apartment, she sold it. She didn't have financial problems at all,' White said. 'She just didn't want to deal with anything anymore.' Her family, he said, 'never gave up' and were distraught over Burack's state. 9 White, who said he was by his friend Burack's side in the hospital, believes she was likely looking for a place to stay on the night of her death. 'She was staying in bank foyers,' he said, stressing that it was by choice. Sipa USA via AP 'Her mom was going to get her an apartment— she didn't want it. She said it was bugged by the US government,' White said. 'Her poor mother did everything. Her mom and her dad are the nicest parents in the world.' A spokesperson for the Burack family told The Post in an emailed statement: 'People say all kinds of things when someone dies. However, the fact remains that our daughter, Sara, was run over and left for dead by a 32-year-old woman who claims she thought she hit a cone. Our family is in deep mourning and we will not comment further as we try to digest the loss of our beloved daughter who was a loving sister and friend to many.' White, 56, met Burack, who grew up in Westchester and graduated from Franklin and Marshall College in Lancaster, Penn., at Hampton Gym Corp in Southampton around 2019. The two briefly dated, and he called her an 'angel' who helped him rent out homes during the pandemic. 9 White told The Post Burack, who appeared on the reality real estate show 'Million Dollar Beach House' in August 2020, had a supportive family who 'never gave up' and were distraught over her state. Entertainment Tonight/YouTube In 2020, she was a cast member on the Netflix reality series 'Million Dollar Beach House,' which followed agents from the luxury brokerage Nest Seekers International as they sold mansions in the Hamptons. The show ended after one season. But White started to notice that Burack's behavior seemed off in early 2022, around the time that she was involved in a $200,000 commission dispute with her employer, Nest Seekers, and Douglas Elliman over the sale of a multi-million dollar property in Southampton. 'She was obsessed with losing her listing and not getting her commission,' said White, adding that he sold the home as the builder. 'We don't comment on pending litigation and given the tragic events over the last week it should not be the focus,' Nest Seekers Hamptons area regional manager Geoff Gifkins told The Post. 9 Driver Amanda Kempton was charged with leaving the fatal scene, a class D felony punishable by up to four years in prison, according to the Southampton Town Police Department. T E McMorrow for NY Post The Post has reached out to Douglas Elliman for comment. Burack, according to White, became suspicious of her colleagues and grew increasingly reclusive. 'She thought there were things going on … that people were trying to put anthrax in her food,' he said. 'She wasn't eating regularly.' Consumed by the court dispute, Burack 'began spending all her time at the library, constantly researching things for no clear reason,' White said. 9 White started to notice that Burack's behavior seemed off in early 2022, around the time that she was involved in a $200,000 commission dispute with her employer, Nest Seekers, and Douglas Elliman over the sale of a multi-million dollar property in Southampton. @luxgrouppalmbeach/Instagram Multiple sources also confirmed that Burack spent 'hours' in the Rogers Memorial Library in Southampton. (The library did not return The Post's request for comment). 'She'd sit on a bench with me for an hour or so and show me all these papers and her business plan,' White said. 'She was needing mental health help for a very long time,' a Southampton source told The Post. 'The last year or two, she was homeless. I would see her walking around with her bag. She was always at the library which was a sad place to go.' White said that he and Burack's family 'tried to get her into rehab. We tried to help her. Her poor mother did everything to help her. Her mom tried everything … she got an interventionist.' 9 White said that he and Burack's family 'tried to get her into rehab. We tried to help her. Her poor mother did everything to help her. Her mom tried everything … she got an interventionist.' Brian Zak/NY Post The Sunday before the accident that took Burack's life, White said, she called him up and said she was in Hampton Bays and wanted to get food. 'I only gave her enough money for food and for the bus,' he said. 'She wasn't destitute. But she didn't carry any money with her. I still don't understand. Maybe she was just tired of it. Sometimes you become a slave to money and your career.' The Southampton source was surprised to hear that Burack had been in an accident out of town. 'When I saw that she got hit in Hampton Bays, the first thing that came to mind was 'what is she doing in Hamptons Bays?' I don't know how she got there. 9 'She had a million friends … She had everything,' White said of Burack. @luxgrouppalmbeach/Instagram 'This was a tragedy – everyone knew what was going on and no one did anything,' the Southampton source added. 'It was only a matter of time before something like this happened.' White believes the tragedy began when people turned away from Burack. 'She had a million friends. She had material things, immaterial things. She had everything,' he said. But once things started going wrong for her, 'They all scattered.'
