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Bosnian Jews mourn Moris Albahari, one of Sarajevo’s last Ladino speakers
(JTA) — Moris Albahari, a Holocaust survivor, former partisan fighter and one of the last Ladino speakers in Bosnia and Herzegovina’s dwindling Jewish community, passed away at the age of 93 last month.
It is believed that he was one of four native Ladino speakers remaining in a country where the Judeo-Spanish language once flourished and was spoken by luminaries like Flory Jagoda, the grande dame of Ladino song, and Laura Bohoretta, the founder of a uniquely Sephardic feminist movement in Bosnia.
Bosnia’s small Jewish community — with barely 900 members throughout the country, 500 of whom live in Sarajevo — are mourning the loss of a living link to communal memory as well as a dear friend.
“From you, uncle Moco, I learned a lot about Judaism, about life, about nature and especially about people. About both the good and the evil,” Igor Kožemjakin, the cantor of the Sarajevo Jewish community, wrote in a memorial post on Facebook, referring to Moris as “Čika,” or uncle, a term of endearment in Bosnian.
“It is a terrible loss, especially for Sarajevo. Our community is very small, especially after the Holocaust,” Eliezer Papo, a Sarajevo-born Jew and scholar of Ladino language and literature at Ben-Gurion University of the Negev, told the Jewish Telegraphic Agency. “We’re not speaking just in terms of prominent members of the community, we’re speaking in terms of family members. Everyone is like a family member.”
When Albahari was growing up in the 1930s, the Jewish community of his native Sarajevo numbered over 12,000. Jews made up more than a fifth of the city and it was one of the most important centers of Jewish life in the western Balkans.
In his youth, the city was part of what was then the Kingdom of Yugoslavia. Formed out of the borderlands between the Ottoman and Austro-Hungarian empires, it was a multiethnic state composed of Croats, Serbs, Bosniaks, Slovenians, Macedonians, Hungarians, Albanians and more. Among them were many Jewish communities both Ashkenazi and Sephardic.
The unique mix of of Muslim, Jewish, Catholic and Orthodox Christian communities, with their mosques, synagogues and churches defining Sarajevo’s skyline, earned the city the nickname “Little Jerusalem.”
Speaking in a 2015 documentary made by American researchers, “Saved by Language,” Albahari explained that his family traced their roots back to Cordoba before the Spanish Inquisition, and through Venice, before settling in what would become Bosnia when it was part of the Ottoman Empire.
“We didn’t want to ‘just’ write an article about Moris or Sarajevo; we wanted [the audience] to see what we saw and hear what we heard,” Brian Kirschen, professor of Ladino at Binghamton University, who worked on the documentary with author Susanna Zaraysky, told JTA. “This resulted in a grassroots initiative to create the documentary.”
In the film, Albahari takes the researchers and their viewers on a tour through what was Jewish Sarajevo, giving glimpses of the thriving Ladino speaking community in which he was raised and explaining how ithe language would save him many times, when the Nazis and their Croat allies, the Ustaša, came to shatter it.
“In sharing your story of survival during the Holocaust, you opened doors that remained closed for decades,” Kirschen said in a memorial post on Facebook. “Some of your stories were even new to members of your family, but each survivor has their own timeline. While you experienced great pain during your life, from your story, we also learn about moments of kindness and heroism. Through your story, you also taught us about the power of language.”
Albahari wasn’t yet a teenager when, in 1941, Nazi Germany and Mussolini’s Italy invaded Yugoslavia. The Nazis occupied the eastern portion of the country, including what is now Serbia, while they raised up a Croat fascist party, known as the Ustaša, to administer the newly formed “Independent State of Croatia” — often known by its Serbo-Croatian initials, NDH — in the western regions that included the modern-day Bosnia and Herzegovina.
The Ustaša collaborated in the Nazis’ genocidal plans for Europe’s Jewish and Roma comunities, and they had genocidal designs of their own for the Orthodox Serb communities living in the NDH.
To that end they established the Jasenovac concentration camp, which would become known as the Auschwitz of the Balkans. By the war’s end it had become the third largest concentration camp in Europe, and behind its walls the overwhelming majority of Sarajevo’s Jews — at least 10,000 — were massacred. Including Serbs, Jews, Roma and political dissidents of Croat or Muslim Bosniak background, as many as 100,000 people were killed in Jasenovac.
Albahari was 11 years old when the Ustaša came to deport him and his large family to Jasenovac. A former teacher working as an Ustaša guard in the town of Drvar, where the train stopped, warned Albahari’s father, David, about their destination, and he was able to help his son escape from the train.
The teacher helped guide the young Moris to an Italian soldier named Lino Marchione who was secretly helping Jews.
This was the first case when Albahari’s Ladino came in handy. Ladino is largely based on medieval Spanish, with a mixture of Hebrew, Aramaic, Turkish and other languages mixed in. For speakers of Serbo-Croatian, a Slavic language, it’s entirely incomprehensible. But for a speaker of another Romance language such as Italian, it’s not such a stretch to understand, and Moris was able to converse with his Italian savior.
With his family gone, he was taken in by a Serb family, and changed his name to Milan Adamovic to hide his Jewish identity. Still, by 1942, it became clear that neither as Adamovic nor Albahari would he be safe in the town. So he fled to the mountains.
“If there was [a battle] I took clothes from a dead soldier to wear, I lived like a wolf in the mountains, you know. Visiting villages [asking for something] to give me for eating, it was a terrible time,” Albahari recalled in “Saved By Language.”
He would only feel safe in villages under the control of partisan forces. Yugoslavia was the only country in Europe to be liberated from Nazi rule by its own grassroots resistance.
During his time in the mountains, Albahari joined up with a partisan unit aligned with the movement of Josip Broz Tito, who would lead Communist Yugoslavia after the war. By the war’s end, Tito’s partisans numbered over 80,000 and included more than 6,000 Jews, many in prominent positions, such as Moša Pijade, who would go on to serve as vice president of the Yugoslav parliament after the war.
Moris was out on patrol as a partisan when he came upon a group of American and British paratroopers. They raised their weapons at him, thinking he was an enemy. Moris tried to communicate, but he spoke no English.
When he asked the soldiers if they spoke German or Italian, they shook their heads. When he asked about Spanish, one perked up: a Hispanic-American soldier by the name of David Garijo.
In Ladino, Alabahari was able to explain that he was not an enemy but could lead them to a nearby partisan camp where they would be safe.
“Ladino saved my life in the war,” Albahari recalled in the documentary.
At the partisan camp, Morris received even bigger news: The family that he had assumed had all perished after he left the train were in fact alive. The former school teacher and Ustaša guard who had warned his father had met them at the next train junction to help them escape. Furthermore, around half of the Jews in the train car were able to escape using the same hole Moris used during his initial escape.
Ultimately the family all survived the war, unlike so many other Jews of Sarajevo.
“Where is Samuel, where is Dudo, where is Gedala? They never came back,” Albahari lamented, listing missing neighbors while walking through Sarajevo’s old Jewish neighborhood in the documentary. “Maybe we are happy because we are alive after the Second World War, but also unlikely because every day we must cry for these dead people.”
When Moris returned to Sarajevo, it was an entirely different place from the bustling Jewish community he had once known.
Gone was the sound of Ladino in the streets and alleyways of Bascarsija, the market district where so many of Sarajevo’s Jews had once lived. Gone were the synagogues — only one of the many synagogues that had existed before WWII still functions. Gone was the robust Jewish life that was once a central part of Sarajevo.
Moris was still only 14 by the war’s end, so he returned to school and ultimately graduated at the top of his class. He became a pilot and later director of the Sarajevo Airport.
In this new world, Ladino was spoken, if at all, only in the home.
“Always, when I hear Spanish, I hear my father and mother, and all the synagogues, prayers in Ladino and rabbis who spoke Ladino. But that is in the past,” Albahari says in “Saved by Language.”
Eliezer Papo, who is a generation younger than Albahari, recalled that in his youth Ladino had long been reduced to a language of secrets.
“Mostly, Ladino was used when the elders didn’t want youngsters to understand,” Papo said.
Only later, in the 1980s, did community members realize what was being lost and begin to gather to maintain their language, recount what Jewish Sarajevo had been like and share their wartime stories of survival.
“He never took his story to the places of revenge, but he took it and his life experience to a place of ‘Never again,’ not just ‘Never again for Jews’, but never again for anybody,” said Papo.
Like many Sarajevans, World War II would not be the last major conflict Albahari would see. Less than 40 years later, war would once again come to Sarajevo with the break-up of Yugoslavia.
From 1992-1995 the city remained under constant siege by Bosnian Serb forces looking to break away from what would become Bosnia and Herzegovina. Moris joined with other Jews of Sarajevo in working to provide aid to their fellow Sarajevans during the harsh period.
Sarajevo’s synagogue was turned into a shelter and a soup kitchen. The community ran a network of underground pharmacies and a message service allowing Sarajevans to get word to family and friends outside of the city during what became the longest siege of a capital city in the history of modern warfare.
“Moris was an inspirational persona to many members of Jewish community and La Benevolencija,” Vlado Anderle, the current president of that local Jewish humanitarian organization told JTA. “He was a man with such inviting spirit and energy.”
When the dust settled on the breakup of Yugoslavia, and the new Bosnian state rose from its ashes, Moris found himself once again in a new role.
During the communist era in Yugoslavia, religious activity was discouraged. Sarajevo’s Jews emphasized the ethnic character of Jewish culture rather than the religious one. In the new Bosnia and Herzegovina, that was no longer true. So the community worked to reconnect with their religious identity as well.
“Everybody looked up to the people who had Jewish upbringing before the Second World War,” Papo recalled. “This doesn’t mean that they were rabbis. Just that they knew it better than anyone else.”
Moris, whose formal Jewish education ended in his preteen years, was appointed president of the community’s religious committee.
As such it often fell on him to represent Judaism to the Bosnian society at large, often in a very creative way, according to Papo, who in addition to being a scholar of Ladino is ordained as a rabbi and serves the Sarajevo community as a rabbi-at-large from Israel.
In one case, while being interviewed on a major Bosnian television station, Moris was asked why Jews cover their head with a kippah or other hat during prayer. Moris’ response, or rather creative interpretation, as Papo called it, was made up on the spot.
Moris’ interpretation began with the ancient temple in Jerusalem where Jews once had to fully immerse in a ritual bath before entering.
“Since the Temple in Jerusalem was destroyed it was reduced to washing the uncovered parts of the body only, before entering a synagogue, similarly to Muslims: the feet, the head, the hands…” Papo recalled him saying. But in Europe, as Moris’ answer went, they began to cover more and more of their body. “In Europe they started wearing shoes, so the feet were not uncovered anymore, and then they started wearing a hat, not to have to wash their head… you know it’s Europe, one could catch a cold if going out with wet hair…”
“A few months later, I came to Sarajevo, and found that everyone has heard this explanation and is talking about it, not just people in the community, but in the street,” Papo said. “And you know, I let it pass, I couldn’t correct them, it was just so beautiful. That was his genius.”
“Identity is all about telling stories. And Moris was one of the great storytellers of the community,” Papo added. And through his stories he expressed an identity which was “made of the same contradictions that Sephardic Judaism is made of, that Sarajevo is made of, that Bosnia and Herzegovina is made and that Yugoslavia was and is made of and that the Balkans are made of.”
Albahari is survived by his wife and a son.
—
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At this interfaith calligraphy class, the lines between Jew and Muslim blur
“So…are you Middle Eastern?”
I had just walked into the American Sephardi Federation office in lower Manhattan, where 20 Muslim and Jewish young people gather twice a month to learn Arabic and Hebrew calligraphy together. I was clearly the newbie, and one of the participants was sussing me out.
“I am,” I replied.
“Fully?” he asked.
I gave my usual spiel, explaining my Iraqi and Iranian background.
“Sick,” he said. “I’m only half.”
It struck me then that neither of us had any idea whether the other was Muslim or Jewish.
As I broke bread with the group, we chatted over an odd but familiar spread of kosher pizza and Gojeh Sabz, golf-ball-sized and very tart plums – a common Middle Eastern fruit many of us grew up eating. Somehow, religion didn’t really come up.
Eventually, felt-tipped multicolored calligraphy pens were passed around, and we began learning to write Hebrew letters — letters I had been perfecting since I embarked on my Hebrew School journey as a fourth grader. I was terrible. My reyshes weren’t swooping as they should, my khafs were somehow uneven and my yuds looked suspiciously like daleds.
Across the table, a young man who had introduced himself to me minutes before as Mohamad from Saudi Arabia had effortlessly filled the page with elegant Hebrew letters. He noticed my frustration. “Don’t worry,” he said. “I’ve done this like a million times. You’ll get it.” 
The person at the helm of this unusual form of interfaith exchange is Ruben Shimonov, a 39-year-old Sephardic polymath. I first discovered Ruben’s work when I saw an exhibit of his calligraphy blending Hebrew, Arabic and Farsi at the Museum of Jewish Heritage. I assumed he was a full-time artist, but soon learned that his main gig is serving as an educator and interfaith organizer. He mentors dozens of Sephardic college students, hosts LGBTQ+ Sephardic Shabbats. Now, he leads Sacred Scripts in NYC, a new six-month-long cohort-based interfaith calligraphy fellowship where Jewish and Muslim community leaders learn the intertwined history and etymology of Hebrew and Arabic.
Shimonov was born in Uzbekistan, a Muslim-majority country. For him, that background makes interfaith work feel like an extension of his upbringing.
“As a Jew from a community whose culture was shaped by Islamic cultures and histories, it is a natural expression of my Jewish identity to be in interfaith spaces,” he told me. “It’s not something I do because it’s cool or sexy or whatever. I just feel at home, because these are my people. This is my own background.”
From a young age, he was drawn to language, inspired in equal measure by the Hebrew letters he learned for his bar mitzvah and the Arabic script that adorned the mosques and architecture of his hometown.
Eventually, he taught himself calligraphy in three languages and came to see it as a powerful tool for the interfaith work he was already doing — organizing gatherings such as iftars in synagogues and seders in mosques through the Muslim Jewish Solidarity Committee. Over the past decade, Shimonov has led more than 100 interfaith calligraphy workshops around the world, highlighting the deep historical and linguistic connections between Hebrew and Arabic.
This year, Shimonov launched Sacred Scripts alongside his longtime partners at the Muslim American Leadership Alliance (MALA), drawing fellows from networks he and MALA have built over the years. The program brings together young artists and community leaders — many with Middle Eastern backgrounds — who they feel stand to benefit from sustained engagement. Over the course of six months, fellows study calligraphy and the histories of the languages, while connecting over shared meals and cultural outings. This month, they are attending a concert focused on Jewish and Muslim music from the Maghreb.
After Oct. 7, Shimonov said, he witnessed fractures between many Jewish and Muslim organizations that had been working together on interfaith initiatives. “That sense of betrayal and hurt was very real,” he said. “But if the only times you meet are when things are bad, what do you expect? I think the secret sauce to all this stuff is you’ve got to be in it for the long haul.”
The Sephardic connection
During each session, we practice writing while Shimonov lectures on the connections between the two languages. Shiminov gives each language its due, devoting several sessions to studying each before bringing them together.
Eventually, we learn the same words in Hebrew and Arabic — beit and bayt for home, Shabbat and al-sabt for Saturday — the list goes on. Before tackling day one of learning the Arabic alphabet, we practiced writing the phrase Bismillah ir-Rahman ir-Rahim, which appears at the beginning of every surah in the Quran, into Hebrew. Translated word-for-word, it sounds remarkably similar.
For Shimonov, that overlap is the point. He believes strongly that Sephardic and Mizrahi Jews occupy a unique place in interfaith work because of the seemingly endless cultural similarities they share with Muslims from the Middle East and North Africa.
That sensibility is reflected in the space itself. The fellowship is hosted at the American Sephardi Federation, a Jewish institution that looks more like a place to sip chai and do a close reading of Rumi’s greatest hits. The floors are covered with embroidered rugs, the walls are lined with ouds, a pear-shaped Middle Eastern instrument, and endless shelves are packed with rare books in Hebrew, Arabic and Farsi.
Because of these connections, the days focused on Arabic study are more Jew-y than one might expect. Shimonov takes care to highlight Jewish history in the Middle East, explaining how Iraq — not Europe — was the world’s foremost hub of Jewish life for centuries, where many Jews only spoke Arabic because Hebrew wasn’t widely taught, and presenting pivotal Jewish texts written in Judeo-Arabic.
In Shimonov’s Sephardic approach, the aim is less to “build bridges” — a phrase that has become a catch-all interfaith mantra — than to reveal how much was never separate to begin with.
Ali Saracoglu, a Muslim participant in the fellowship and an artist from Izmir, Turkey, said Sacred Scripts reshaped his understanding of Jewish identity.
When he moved to the United States, his primary exposure had been to Ashkenazi Jewish communities. “When you open the conversation to Sephardi and Mizrahi Jews, you encounter people from Uzbekistan to North Africa to descendants of communities from Spain,” he said. “You start to see a much more global form of Judaism.”
Saracoglu joked that within the group, it was often impossible to tell who was Jewish and who was Muslim unless it came up in conversation.
Nora Monasheri, a 23-year-old Iranian Jew, said that after Oct. 7, she had participated in countless interfaith dialogues at her alma mater, Binghamton University. “I felt like I’d been there, done that on campus,” she said, lamenting that such gatherers were “always very focused on Israel and Palestine, and it felt very forced.”
For her, creating calligraphy rather than debating peace agreements from the ’90s is a welcome change.
“I found that some of our most important words in Hebrew are the same in Arabic — faith, charity, blood — So instead of debating each other, we’re discovering this shared history, tradition, and spirituality together.”
For Saracoglu, the program’s artistic aspect is particularly powerful. He first met Shimonov at a one-off interfaith calligraphy workshop two years ago, an experience that stayed with him as an artist. He has been creating ebru, the traditional Turkish art of marbling, since the age of five, and now practices it in his New York City apartment. In a recent series he calls “One Word: Peace,” he layers his marbled designs with calligraphy by both Jewish and Muslim artists — often including Shimonov himself.
During one session, Shimonov read aloud from a Judeo-Arabic translation of the Torah, explaining that many Jews in the Arab world historically translated religious texts into Arabic because many did not understand Hebrew. The word for God was therefore transcribed as the Arabic word, Allah.
I chimed in that my own Jewish parents say “Inshallah” all the time when they simply mean “God willing.” My non-Sephardic friends always found this bizarre, but among this crowd, it barely required explanation.
As he read from the Torah, one Muslim fellow suddenly interrupted.
“It sounds like the Quran!”
The post At this interfaith calligraphy class, the lines between Jew and Muslim blur appeared first on The Forward.
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Debating Zionism is good for Jews, actually
A group of Jewish Theological Seminary students were furious with the chancellor’s position on Jewish statehood. In protest, they draped flags around campus before graduation, which the administration removed before the ceremony.
The year was 1948. The flags were Israeli. And the dissenting students were protesting Chancellor Louis Finkelstein’s refusal to make support for Jewish statehood part of academic commencement. Some students even arranged for the bells at nearby Union Theological Seminary to play “Hatikvah,” the Israeli national anthem, after JTS officials declined to include it in commencement.
As a historian of American Zionism, I have been thinking about that episode while reading the many vitriolic reactions to a few JTS undergraduates who spoke out in opposition to the seminary’s decision to welcome Israeli President Isaac Herzog as this year’s graduation speaker. Once again, a JTS commencement has become a battleground over Israel, but the sides are now reversed.
Reasonable people can disagree about whether this was the right moment to extend an invitation to Herzog to speak at commencement. What deserves attention is the outraged reaction to a group of students raising objections, and the speed with which those students’ concerns have been cast as a deviation from the historical contours of mainstream American Jewish politics.
A recent Times of Israel blog post, for example, argued that the mere fact that JTS students raised concerns about Herzog was a rupture with Judaism. “Jewish survival without sovereignty is fragile,” wrote the author, Menachem Creditor, adding that “the founders of JTS did not need to debate the necessity of Jewish self-determination,” and that Herzog “represents the state of Israel and the Jewish people.”
These claims erase JTS’s long and sophisticated engagement with Jewish nationalism and the conception of Jewish peoplehood. Reading American Zionism backward risks collapsing peoplehood and statehood, and creating traditions to ratify present assumptions out of a past that never existed.
The relationship between Zionism and JTS was nuanced from the start. Both founding president Sabato Morais and the seminary’s third chancellor, Cyrus Adler, opposed Zionism on religious grounds. Morais believed the restoration of Jewish sovereignty could only come through divine intervention at the dawn of a messianic era. Adler thought of the growth of a non-religious community in the land of Israel “as the greatest misfortune that has happened to the Jews in modern times.”
Solomon Schechter, as chancellor, brought a measure of support for the Zionist movement to JTS; shaped by the cultural Zionism of Ahad Ha-am, Schechter insisted that Zionism transcended statehood. Its primary aim, he argued, was the national regeneration of global Judaism, not the creation of a secular state that would hollow out Jewish life from within.
And the controversies over the 1948 graduation exercises revealed how far Louis Finkelstein stood from political Zionism, even after the establishment of Israel. Where some Zionists celebrated sovereignty, Finkelstein remained focused on the Jewish character of the land and its people. That orientation drew him toward Judah Magnes’s binational vision — that of a federated framework in which Jews and Arabs would each hold recognized rights and a measure of national autonomy within a single shared political entity.
This reticence to conflate Judaism, Zionism and Jewish sovereignty was not limited to the seminary’s chancellors.
Henrietta Szold, JTS’s first female student, a central figure in its intellectual orbit, and the founder of Hadassah, similarly supported a binational vision from her new home in Jerusalem. Mordecai Kaplan — a longtime JTS faculty member, committed Zionist, and one of the most influential American Jewish thinkers of the 20th century — expressed concern throughout his career about the mistake of equating Jewish nationhood with Jewish statehood. In Judaism as a Civilization, he called for a “more ethical conception of nationhood fundamentally as a cultural rather than as a political relationship.”
After Israel’s founding, Kaplan went further, arguing to David Ben-Gurion in 1958 that “the basic assumption that the state of Israel is a Jewish state is itself open to question.” The Israeli government’s task, he insisted, was to establish “a modern state, not a Jewish state, an Israeli state, not a Jewish state.”
These questions did not disappear even as JTS evolved under new leadership.
Gerson Cohen, whose chancellorship beginning in 1972 marked a shift toward a more pro-statist posture, embraced the state’s significance for Jewish life and identity in ways his predecessors had not. Yet even Cohen insisted that commitment to Judaism must rest “not on political statehood or upon geography but solely on the idea of covenant and commitment to ethos.” He argued that a flourishing diaspora was a necessity for Jewish civilization as a whole, not adjunct to Israeli interests.
His successor, Chancellor Emeritus Ismar Schorsch, was more direct, saying in a recent warning that Jews must ensure that “Judaism qua religion is not submerged and shredded by the power of the Jewish state.”
One can disagree with any of these perspectives. In fact, the disagreement itself is the point.
The leaders who built JTS debated Jewish self-determination, Zionism and statehood while living through the Holocaust, the collapse of European Jewish life, existential danger in Palestine, and the precarious birth of the state of Israel. They were not naïve about antisemitism, indifferent to Jewish survival, or ignorant of Jewish sources. Nor were they unsophisticated about Zionism.
Instead, they offered a more demanding account of Zionism: one that affirmed a Jewish homeland and insisted that Jewish power remain answerable to Jewish ethics, all without diminishing Jewish life in the diaspora.
This is precisely the perspective that has been crowded out of our contemporary discourse, not because these questions were answered, but because the space to ask them has collapsed. As the boundaries of acceptable Zionist discourse have narrowed, issues that arose from within Zionism itself — the potential dangers of equating the Israeli state with the Jewish people, the risks of elevating political statehood above other ethical and communal commitments, and the need to have diaspora Jewish life be seen as carrying independent religious and moral weight — have come to be treated as anti-Zionist rather than part of a living internal debate.
The furor over the JTS undergraduates’ letter objecting to Herzog is a troubling sign that, across American Jewish life, it has become harder to think honestly about the risks of treating support for the state of Israel not merely as a Jewish commitment, but as one that takes precedence over other all other Jewish commitments. When the past is rewritten so that the equation of peoplehood and statehood appears inevitable, American Jews are left with a false choice: either embrace the state as an unquestioned and unquestionable expression of Jewish identity, or abandon Jewish life altogether.
JTS has offered its students a richer education because, in its halls, the relationship between the Jewish people and the Jewish state has been debated and contested. That discourse is not a failure of Jewish commitment, but an expression of it. The sustained engagement with the hardest questions of Zionism is one of the best things JTS has given American Jewish life, and one of the most important gifts it still has to offer.
The post Debating Zionism is good for Jews, actually appeared first on The Forward.
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ICC Prosecutor Karim Khan Sidesteps ‘Genocide’ Accusations Against Israel
International Criminal Court Prosecutor Karim Khan speaks during an interview with Reuters in The Hague, Netherlands, Feb. 12, 2024. Photo: REUTERS/Piroschka van de Wouw
Karim Khan, the embattled chief prosecutor of the International Criminal Court (ICC), has cast fresh doubt on accusations that Israel committed “genocide” in Gaza, arguing in a new interview that no legal conclusion has yet been reached in the ongoing legal battle.
In a lengthy interview with anti-Israel journalist Medhi Hasan this week, Khan refused to engage in the popularized rhetoric labeling Israel’s military campaign against Hamas terrorists in Gaza as genocidal, even as pressure mounts on the ICC by activists to pursue more sweeping charges against Israeli officials.
When asked directly whether Israel’s conduct amounted to genocide, Khan emphasized the need for sufficient evidence to level charges against Israeli officials and that prosecutors must follow evidence and legal standards rather than political narratives.
“So, you’re not ruling out that there could be a warrant in the future?” Hasan asked.
“Everything is a function of evidence,” Khan responded, arguing that accusing Israel of genocide for political purposes would be “reckless.”
“You’re saying in the past three years there hasn’t been evidence of genocide in Gaza?” Hasan asked, visibly flummoxed.
Khan lamented the “suffering” in Gaza but reaffirmed that the ICC could not proceed in making final judgements about the nature of Israel’s military operations in Gaza without sufficient evidence. He asserted that officials within the ICC are vigorously analyzing the case and that he cannot reveal more about the nature of the investigation.
“So, genocide is not off limits?” Hasan pressed.
“No crime is off limits if the evidence is there,” Khan responded.
Khan has come under fire for making his initial surprise demand for arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defense minister, Yoav Gallant, on the same day in May 2024 that he suddenly canceled a long-planned visit to both Gaza and Israel to collect evidence of alleged war crimes. The last-second cancellation reportedly infuriated US and British leaders, as the trip would have offered Israeli leaders a first opportunity to present their position and outline any action they were taking to respond to the war crime allegations.
Nonetheless, Khan’s latest remarks are likely to reverberate through international legal and diplomatic circles, where the genocide accusation has become one of the most contentious aspects of the war between Israel and Hamas. Over the past two years, an array of humanitarian organizations and human rights experts have accused Israel of “genocide” in Gaza. These accusations have been controversial and widely contested, with critics alleging these groups and individuals lack sufficient evidence.
Khan’s comments come as the ICC faces intense scrutiny over its investigation into the conflict. In November, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his former defense minister, Yoav Gallant, and now-deceased Hamas terror leader Ibrahim al-Masri (better known as Mohammed Deif) for alleged war crimes and crimes against humanity in the Gaza conflict. The ICC said there were reasonable grounds to believe Netanyahu and Gallant were criminally responsible for starvation in Gaza and the persecution of Palestinians — charges vehemently denied by Israel, which has provided significant humanitarian aid into the war-torn enclave throughout the war.
US and Israeli officials issued blistering condemnations of the ICC move, decrying the court for drawing a moral equivalence between Israel’s democratically elected leaders and the heads of Hamas, the Palestinian terrorist group that launched the war in Gaza with its massacre across southern Israel on Oct. 7, 2023.
Israel says it has gone to unprecedented lengths to try and avoid civilian casualties, noting its efforts to evacuate areas before it targets them and to warn residents of impending military operations with leaflets, text messages, and other forms of communication.
Another challenge for Israel is Hamas’s widely recognized military strategy of embedding its terrorists within Gaza’s civilian population and commandeering civilian facilities like hospitals, schools, and mosques to run operations and direct attacks.
The ICC has no jurisdiction over Israel as it is not a signatory to the Rome Statute, which established the court. Other countries including the US have similarly not signed the ICC charter. However, the ICC has asserted jurisdiction by accepting “Palestine” as a signatory in 2015, despite no such state being recognized under international law.
Genocide is among the most difficult crimes to prove under international law because prosecutors must establish specific intent to destroy, in whole or in part, a national, ethnic, racial or religious group.
Hasan, one of the most prominent anti-Israel critics in media, has spent the past two years unleashing an unrelenting barrage of criticism against the Jewish state, repeatedly accusing the Israeli military of pursuing a “genocide” in Gaza.
In the interview, Khan also forcefully denied allegations of sexual misconduct that have engulfed his office in recent months, accusing critics of politicizing the claims amid the ICC’s high-profile investigations into Israel, Russia, and other global conflicts. He dismissed suggestions that his pursuit of Israeli leaders was intended to distract from the allegations against him, saying that he did not have evidence to substantiate the claim.
Khan further alleged that senior Western officials attempted to pressure the ICC over its investigation, including what he described as warnings from prominent American and British political figures about the geopolitical consequences of targeting Israeli officials.
The ICC’s investigation has placed the court at the center of an increasingly bitter international divide over the Gaza war. Khan’s comments won’t settle the debate, but the ICC prosecutor appeared to signal a more cautious legal approach than some of Israel’s fiercest critics have demanded.