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Biden plan to combat antisemitism demands reforms across the executive branch and beyond
WASHINGTON (JTA) — President Joe Biden unveiled a multifaceted and broad strategy to combat antisemitism in the United States that reaches from basketball courts to farming communities, from college campuses to police departments.
“We must say clearly and forcefully that antisemitism and all forms of hate and violence have no place in America,” Biden said in a prerecorded video. “Silence is complicity.”
The 60-page document and its list of more than 100 recommendations stretches across the government, requiring reforms in virtually every sector of the executive branch within a year. It was formulated after consultations with over a thousand experts, and covers a range of tactics, from increased security funding to a range of educational efforts.
The plan has been in the works since December, and the White House has consulted with large Jewish organizations throughout the process. The finished document embraces proposals that large Jewish organizations have long advocated, as well as initiatives that pleasantly surprised Jewish organizational leaders, most of whom praised it upon its release.
Among the proposals that Jewish leaders have called for were recommendations to streamline reporting of hate crimes across local, state and federal law enforcement agencies, which will enable the government to accurately assess the breadth of hate crimes. The proposal also recommends that Congress double the funds available to nonprofits for security measures, from $180 million to $360 million.
One proposal that, if enacted, could be particularly far-reaching — and controversial — is a call for Congress to pass “fundamental reforms” to a provision that shields social media platforms from liability for the content users post on their sites. The plan says social media companies should have a “zero tolerance policy for hate speech on their platforms.”
In addition, the plan calls for action in partnership with a range of government agencies and private entities. It says the government will work with professional sports leagues to educate fans about antisemitism and hold athletes accountable for it, following instances of antisemitic speech by figures such as NBA star Kyrie Irving or NFL player DeSean Jackson.
The government will also partner with rural museums and libraries to educate their visitors about Jewish heritage and antisemitism. And the plan includes actions to be taken by a number of cabinet departments, from the Department of Veterans Affairs to the USDA.
“It’s really producing a whole-of-government approach that stretches from what you might consider the obvious things like more [security] grants and more resources for the Justice Department and the FBI,” said Nathan Diament, the Washington director of the Orthodox Union. “But it stretches all the way across things that the Department of Labor and the Small Business Administration can do with regard to educating about antisemitism, that the National Endowment of the Humanities and the President’s Council on Sports and Fitness can do with regard to the institutions that they deal with.”
An array of Jewish organizations from the left to the center-right echoed those sentiments in welcoming the plan with enthusiasm, marking a change from recent weeks in which they had been split over how the plan should define antisemitism. Still, a handful of right-wing groups blasted the strategy, saying that its chosen definition of antisemitism diluted the term.
Despite the relatively united front, there are elements of the strategy that may stoke broader controversy: Among a broad array of partner groups named in the plan is the Council on American-Islamic Relations, whose harsh criticism of Israel has led to relations with centrist Jewish organizations that are fraught at best. The call to place limits on social media platforms may also upset free speech advocates.
Biden recalled, as he often does, that he decided to run for president after President Donald Trump equivocated while condemning the neo-Nazis who organized a deadly march in Charlottesville, Virginia, in 2017.
“Repeated episodes of hate — including numerous attacks on Jewish Americans — have since followed Charlottesville, shaking our moral conscience as Americans and challenging the values for which we stand as a Nation,” Biden wrote in an introduction to the report.
The administration launched the initiative last December, after years during which Jewish groups and the FBI reported sharp spikes in antisemitic incidents. The strategy was originally planned for release at its Jewish American Heritage Month celebration last week, but was delayed, in part because of last minute internal squabbling over whether it would accept a definition of antisemitism that some on the left said chilled free speech on Israel. Some right-wing groups were deeply critical of the new strategy for not accepting that definition to the exclusion of others.
Rabbi Levi Shemtov, the executive vice president of American Friends of Lubavitch (Chabad) praised the breadth of the plan, and said the delay seemed to produce results.
“The White House has taken this very seriously. The phrase that something is still being worked on can often be a euphemism for a lack of concern,” he said. “In this case, it seems to have resulted in an even more comprehensive and hopefully more effective result.”
Some of the initiatives in the plan focus less on directly confronting antisemitism and more on promoting tolerance of and education about Jews.The Biden Administration will seek to ensure accommodations for Jewish religious observance, the accompanying fact sheet said, and “the Department of Agriculture will work to ensure equal access to all USDA feeding programs for USDA customers with religious dietary needs, including kosher and halal dietary needs.”
Jonathan Greenblatt, the Anti-Defamation League CEO who was closely consulted on the strategy, said promoting inclusion was as critical as fighting antisemitism. “Is FEMA giving kosher provisions after disasters going to solve antisemitism?” he said in an interview. “No, but… it’s an acknowledgement of the plurality of communities and the need to treat Jewish people like you would any other minority community, and I think I’m very pleased to see that.”
In the months since Second Gentleman Doug Emhoff, who is Jewish, convened a roundtable to launch the initiative, the Biden administration has pivoted from focusing on the threat of antisemitism from the far-right to also highlighting its manifestation in other spheres — including amid anti-Israel activism on campuses and the targeting of visibly religious Jews in the northeast. Those factors were evident in the strategy.
“Some traditionally observant Jews, especially traditional Orthodox Jews, are victimized while walking down the street,” the strategy said in its introduction. “Jewish students and educators are targeted for derision and exclusion on college campuses, often because of their real or perceived views about the State of Israel.”
The proposal that may provoke controversy beyond American Jewry is the Biden Administration’s calls to reform the tech sector, which echo bipartisan recommendations to change Section 230, a provision of U.S. law that grants platforms immunity from being liable for the content users post. Free speech advocates and the companies themselves say that if the government were to police online speech, it would veer into censorship.
“Tech companies have a critical role to play and for that reason the strategy contains 10 separate calls to tech companies to establish a zero tolerance policy for hate speech on their platforms, to ensure that their algorithms do not pass along hate speech and extreme content to users and to listen more closely to Jewish groups to better understand how antisemitism manifests itself on their platforms,” Elizabeth Sherwood-Randall, Biden’s top Homeland Security adviser, said during a 30-minute briefing on the strategy on Thursday. “The president has also called on Congress to remove the special immunity for online platforms and to impose stronger transparency requirements in order to ensure that tech companies are removing content that violates their terms of service.”
Neo-Nazis and white supremacists encircle counterprotesters at the base of a statue of Thomas Jefferson after marching through the University of Virginia campus with torches in Charlottesville, Va., Aug. 11, 2017. (Shay Horse/NurPhoto via Getty Images)
In the weeks before the rollout, a debate raged online and behind the scenes amid Jewish organizations and activists about how the plan would define antisemitism. Centrist and right-wing groups pushed for the plan to embrace the International Holocaust Remembrance Alliance’s working definition. Among its examples of anti-Jewish bigotry are those focusing on when Israel criticism is antisemitic, including when “double standards” applied to Israel are antisemitic.
Advocates on the left say those clauses turn legitimate criticism of Israel into hate speech; instead, they pushed to include references to the Nexus Document, a definition authored by academics that recognizes IHRA but seeks to complement it by further elucidating how anti-Israel expression may be antisemitic in some instances, and not in others. Others sought to include the Jerusalem Declaration on Antisemitism, which rejects IHRA’s Israel-related examples.
In the end, the strategy said the U.S. government recognizes the IHRA definition as the “most prominent” and “appreciates the Nexus Document and notes other such efforts.”
A number of the centrist groups pressed for exclusive reference to IHRA, including the Conference of Presidents of Major American Jewish Organizations and the Simon Wiesenthal Center. Those groups praised the strategy and focused only on its embrace of IHRA. So did the Israeli ambassador to Washington, Michael Herzog.
“I would like to congratulate the Biden administration for publishing the first ever national strategy to combat antisemitism,” Herzog wrote on Twitter. “Thank you, @POTUS, for prioritizing the need to confront antisemitism in all its forms. We welcome the re-embracing of @TheIHRA definition which is the gold standard definition of antisemitism.”
Some center-right groups like B’nai Brith International, StandWithUs and the World Jewish Congress, praised the strategy while expressing regret at the inclusion of Nexus. Right-wing groups, such as the Republican Jewish Coalition and Christians United for Israel condemned the rollout.
RJC said Biden “blew it” by not exclusively using the IHRA definition. The Brandeis Center, which defends pro-Israel groups and students on campus, said the “substance doesn’t measure up.”
Groups on the left, however, broadly praised the strategy. “We call on our Jewish communities to seize this historic moment and build on this new strategy to ensure that the fight for Jewish safety is a fight for a better and safer America for all,” said a statement from six left-leaning groups spearheaded by Jews For Racial & Economic Justice.
Greenblatt said it was predictable that groups on the left would take the win and that groups on the right would grumble — but that it was also beside the point. IHRA, he said, was now U.S. policy.
“This document elevates and advances IHRA as the way that U.S. policy will be formulated going forward and across all of the agencies,” Greenblatt said. “That is a win.”
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Elected PA Jewish judge leaves Democratic party, citing ‘disturbingly common’ antisemitism
(JTA) — An elected Supreme Court justice in Pennsylvania announced Monday night that he has left the Democratic Party and registered as an independent, citing concerns about antisemitism.
In a statement, David Wecht, who is Jewish and served as Pennsylvania’s Democratic Party chair from 1998 to 2001, said he believed antisemitism has moved from the fringe of the Democratic Party to the mainstream.
“Nazi tattoos, jihadist chants, intimidation and attacks at synagogues, and other hateful anti-Jewish invective and actions are minimized, ignored, and even coddled,” he wrote. “Acquiescence to Jew-hatred is now disturbingly common among activists, leaders and even many elected officials in the Democratic Party.”
Wecht wrote that he had long understood that antisemitism “always festered on the fringe” of the right, a fact that hit home in 2018 when a far-right shooter killed 11 people at the Tree of Life synagogue in Pittsburgh where he and his wife were married in 1998.
“In the years that have followed, that same hatred has grown on the left,” he said in his statement. “It is the duty of all good people to fight this virus, and to do so before it is too late.”
Wecht previously made national headlines for his 2020 ruling against an effort to overturn President Joe Biden’s victory in Pennsylvania.
Through a spokesperson, Wecht declined to be interviewed about his exit from the Democratic Party.
Wecht’s comments come as Democrats wrestle with a range of internal tensions over antisemitism. The ascent of Graham Platner, an oyster farmer who recently covered up a Nazi Totenkopf skull-and-crossbones tattoo, to become Maine’s Democratic candidate for Senate, and the increasing coziness between some progressive politicians and Hasan Piker, the leftist streamer who has said he favors Hamas over Israel, have particularly alarmed some members of the Jewish community.
Wecht is the son of renowned forensic pathologist Cyril Wecht, who was involved in investigating the assassination of President John F. Kennedy. Wecht’s mother, translator Sigrid Ronsdal, spent the first six years of her life living under Nazi occupation in Norway.
“I know David and his legendary father, Cyril,” Pennsylvania Sen. John Fetterman, who has clashed with his party over Israel, tweeted following Wecht’s announcement. “As I’ve affirmed, I’m not changing my party—but I fully understand David’s personal choice. The Democratic Party must confront its own rising antisemitism problem.”
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At Abraham Foxman’s funeral, an elegy for the last generation with direct ties to the Holocaust
(JTA) — As mourners gathered Tuesday for the funeral of Abraham Foxman, they were saying goodbye not only to one of the most influential Jewish leaders of the last half-century, but to one of the dwindling number whose moral authority was forged in the Holocaust itself.
Foxman, who died Sunday at 86, spent decades as one of the world’s most recognizable Jewish advocates, serving for nearly 30 years as the ADL’s top professional and another two decades before that in its leadership ranks. Presidents sought his counsel. Antisemites sought his absolution. Popes welcomed him. Prime ministers argued with him.
Many of the speakers at Park Avenue Synagogue credited his accomplishments to his outsized personality, his sense of humor and his intuitive leadership skills. And yet his past hung heavy over the funeral, which also served as an elegy for the last generation of survivors and how, like Foxman, they shaped Jewish communal life in the years after World War II and the founding of Israel. Born in Poland, Foxman survived the war in the care of his Catholic nanny.
“His life story of rising from the ashes is our story,” said Israel’s president, Isaac Herzog, in a video tribute. “It is the story of our people born in the world at war. The Holocaust shaped Abe’s character and defined his mission to combat antisemitism and hypocrisy, to call up racism and bias, to speak up for the Jewish people and a Jewish democratic state of Israel.”
Others recalled that beyond fighting antisemitism, Foxman’s past inspired him to build a communal juggernaut that championed pluralism, democracy and civil rights.
“He knew exactly what the absence of those things looked like,” said Stacy Burdett, a former ADL colleague, referring to the Holocaust. “Abe lived in our world as a moral witness, not just to what human beings can survive, but to what they’re obligated to defend.”
Packing the sanctuary were Jewish communal leaders, former ADL colleagues and bold-face Jewish activists such as the lawyer Alan Dershowitz and the New England Patriots owner Robert Kraft. (Not able to attend was Jonathan Greenblatt, Foxman’s successor at ADL, whose mother died in Florida on Saturday.)
When they weren’t recalling Foxman’s early trauma and subsequent accomplishments, eulogists painted a portrait of a Jewish communal warrior as a consummate hugger.
Thomas Friedman sent a video tribute, recalling how they met when the future New York Times columnist was a camper and Foxman was a counselor at Herzl Camp in Webster, Wisconsin. (That’s also where Foxman met his wife, Golda, who survives him, as do his two children and four grandchildren.) Friedman said that no matter how often or angrily they disagreed over something Friedman had written, usually about Israel, Foxman would sign off with affection.
“It’s true, if Abe really disagreed with you, you always knew because his text would end ‘love you, hugs,’” said Burdett. “The more strongly he disagreed, the more hugs and the more emojis.”
Former White House domestic policy adviser Susan Rice, in a video tribute, recalled shouting matches with Foxman during the Biden administration that left aides outside her office terrified.
“And when Abe and I emerged laughing and hugging,” she said, “we both had to reassure my team that all was fine, that we loved each other and not to worry.”
Rice credited Foxman with helping shape the Biden administration’s national strategy to combat antisemitism, and thanked him for defending her when others attacked her personally for administration positions on Iran and Israel.
But even as his children and grandchildren recalled Foxman as a family man, the shadow of the Holocaust fell across the synagogue’s ornate, Moorish-style sanctuary.
“You were a hidden child,” his daughter Michelle said, “and at the same time, you sought to hide the trauma from your children.”
She said she learned much of her father’s Holocaust story not from conversations at home but from his speeches, interviews and articles.
Foxman, who became ADL’s national director emeritus when he stepped down in 2015, was certainly among the last survivors to lead a major Jewish organization.
Fewer and fewer of those witnesses remain; according to the Claims Conference, as of January 2026, an estimated 196,600 Jewish Holocaust survivors are still alive. Nearly all are “child survivors” who were born after 1928.
In discussing how Foxman’s childhood shaped his activism, Sarah Bloomfield, director of the United State Holocaust Memorial Museum, recalled his traumatic childhood. His Polish Jewish parents fled to present-day Vilnius after the Nazi invasion of Poland; when Vilnius too came under Nazi control, his parents left him in the care of his nanny, who baptized him as a Catholic.
“This is what he said: ‘I’m only here because one Polish woman made a choice to save a Jewish child,’” Bloomfield recalled Foxman telling her. “She risked her life to protect the life of another human being, a Jewish child in Hitler’s Europe. Her name was Bronislawa Kurpi.”
Rabbi Elliot Cosgrove, senior rabbi of Park Avenue Synagogue, said Foxman was less interested in the “logistics” behind his survival (he and his parents were only reunited after several bitter lawsuits) than in the “singular moral act” of his rescuer. “In a world consumed by fire,” Cosgrove said, “one human being chose courage, one person chose decency, one person chose light.”
His grandson Gideon recalled asking Foxman how his history shaped his life’s work.
“He said that he felt obligated to make something of himself so that all the other Jewish children who perished in the Holocaust didn’t die in vain,” Gideon said.
And up until the end, said Burdett, Foxman was still feeling that obligation, shaped by a cataclysm that for many is becoming a distant memory, when recalled at all.
She recited his remarks last year during Yom Hashoah ceremonies at the U.S. Capitol.
“As a [Holocaust] survivor, my antenna quivers when I see books being banned, when I see people being abducted in the streets, when I see government trying to dictate what universities should teach and whom they should teach,” Foxman said at the time. “As a survivor who came to this country as an immigrant, I’m troubled when I hear immigrants and immigration being demonized.”
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Israeli report on ‘systematic’ Oct. 7 sexual violence seeks to shift debate from denial to accountability
(JTA) — A sweeping new Israeli report on sexual violence committed during the Hamas-led Oct. 7 attacks and against hostages in Gaza concludes that the crimes formed part of a deliberate strategy. It also lays out a roadmap for turning two years of documentation into legal prosecution.
The report concludes that “sexual and gender-based violence was systematic, widespread, and integral to the October 7 attacks and their aftermath.”
The report comes from Israel’s Civil Commission on Oct. 7 Crimes by Hamas Against Women and Children, an independent panel convened in the immediate wake of the attack. The commission was led by Cochav Elkayam-Levy, an attorney and international law expert who was recently awarded the Israel Prize, Israel’s top civilian honor, for her work.
Starting by collecting online material filmed or circulated by Hamas, the commission labored for two years in an effort to generate a factual record that Elkayam-Levy said could withstand the scrutiny and denial that has accompanied claims about sexual violence on Oct. 7 and in its aftermath, particularly the idea that the sexual violence was systematic.
Researchers reviewed and analyzed more than 10,000 photographs and video segments, amounting to more than 1,800 hours of footage, alongside more than 430 testimonies from survivors, witnesses, released hostages, experts and family members.
They identified 13 recurring patterns of sexual and gender-based violence across Oct. 7 attack sites, abductions and captivity, including rape, gang rape and other forms of sexual assault, sexual torture, forced nudity, threats of forced marriages, postmortem abuse, the public display of victims and the filming and dissemination of sexualized violence.
The evidence “proves that it wasn’t isolated violence, it wasn’t random,” Elkayam-Levy said. “It was a strategy, carried out with exceptional cruelty on victims and on hostages in captivity.”
The report also says genocide must be examined as a possible legal characterization, citing the “scale, coordination, and systematic nature of the violence,” the targeting of civilians as part of a campaign to destroy Israelis and Jews, and the infliction of severe bodily and mental harm, “including through sexual violence and torture.”
The report devotes specific attention to sexual violence against men and boys, documenting rape, sexual torture, mutilation and sexualized humiliation that the authors say has often been overlooked in public discussion of Oct. 7.
The report includes testimonies that have already surfaced, such as from Amit Soussana and Keith Siegel, two former hostages who said they had been sexually assaulted by their captors.
But it also includes accounts that had not previously been made public, including cases of sexual violence inflicted in the presence or near vicinity of family members. In at least one case the researchers documented, family members held hostage together were forced to perform sexual acts on one another, an example of what the commission characterizes as “kinocidal” sexual violence, meaning violence aimed at destroying family structures by exploiting familial bonds.
Yet the report aims to go beyond simply documenting horrific traumas. A 70-page legal section argues that the documented acts support prosecution for war crimes, crimes against humanity, torture and sexual and gender-based violence linked to terrorism.
It notes that victims of the Oct. 7 attacks represented 52 nationalities, giving multiple governments potential avenues to investigate and prosecute through domestic terrorism laws, extraterritorial jurisdiction or universal jurisdiction.
So far, those efforts remain “scarce and fragmented,” the report says, with investigations or legal steps undertaken in the United States, France, Germany and Canada, as well as at the International Criminal Court in the Hague. In the case of the ICC, its prosecutor sought warrants for Yahya Sinwar, Ismail Haniyeh and Mohammed Deif over crimes including rape and other sexual violence, but all three Hamas leaders were killed by the IDF and the proceedings were terminated.
The report argues that sexual violence prosecutions do not have to depend only on direct survivor testimony, a central issue for Oct. 7 cases as many victims were murdered, witnesses were traumatized and released hostages could speak only after months in captivity. International courts have relied on direct witnesses, expert witnesses, forensic material, circumstantial evidence and digital documentation, while ICC rules do not require corroboration for sexual violence crimes.
“The report shifts the global conversation from whether this happened to what the consequences should be,” Elkayam-Levy said in an interview ahead of the report’s release. “We’re going to see a before-and-after moment with it.”
Whether that comes to pass remains to be seen. The report arrives in a climate of denial around sexual violence on Oct. 7 that was fueled in part by early accounts that were later challenged. Critics of Israel’s claims have repeatedly pointed to disputed elements in an investigation published in The New York Times in December 2023, including the case of Oct. 7 victim Gal Abdush, whose relative questioned whether there was proof she had been raped, and to accounts of sexual violence by ZAKA first responders that were later debunked. Those cases helped denialists attack the wider body of evidence documented by UN officials, Israeli investigators, journalists and groups like Amnesty International and Human Rights Watch.
Elkayam-Levy herself has been the subject of criticism, with a March 2024 report in Yedioth Aharonoth citing unnamed government officials questioning the commission’s structure and the accuracy of some of her early public claims, including a widely debunked account that a pregnant woman had been found with her womb cut open — criticism that was picked up by skeptics of Oct. 7 sexual violence claims.
In response, Elkayam-Levy said some of the early mischaracterizations reflected the confusion of the first days after the attack, when first responders and those recovering hundreds of bodies were working in traumatic circumstances.
“It is precisely because of that early chaos, and the widespread denial, that this report was prepared under the strictest international verification standards, with every testimony and piece of evidence carefully cross-checked and corroborated,” she said.
Elkayam-Levy said the backlash she personally experienced was “very scary,” with threats to her life and antisemitic groups circulating her image alongside accusations that she was “lying about Hamas.”
The team, made up of about 20 employees and additional volunteers and contributors, worked from a hidden location, with some researchers choosing to remain anonymous throughout.
Elkayam-Levy said the release of the archive may not stop denial from “social media trolls,” but it changes the evidentiary landscape in ways serious observers can no longer ignore.
She pointed to remarks made early on in the war by philosopher Judith Butler, who cast doubt on reports of rape on Oct. 7, comments Elkayam-Levy said caused deep anguish to victims and those documenting the crimes.
“Every item is now archived and here to stay, for her to feel ashamed of what she did and to be remembered as a person who did not stand with the victims, who forgot the purpose of her work as a feminist,” she said.
Elkayam-Levy is optimistic that prosecutions could result. She said accountability may unfold over years and across borders, with some Hamas leaders and perpetrators already hiding in Turkey and Qatar and others likely to reach Western countries.
“I think it will be the same as the Holocaust, that different Nazi leaders were prosecuted around the world,” she said.
Still, Elkayam-Levy said even successful prosecutions would not be enough to convey the magnitude of the crimes or preserve their place in historical memory.
“You don’t learn about the Holocaust from the prosecution of a single person,” she said. “You learn it from the documentation, from the witnesses, the survivors.”
The report calls for an “incontrovertible judicial record,” citing the Nuremberg trials, recent German prosecutions of ISIS crimes against Yazidis and Ukraine’s war-crimes documentation as models for legal efforts that can establish an enduring record as well as punish perpetrators. It recommends a coordinated strategy combining Israeli proceedings with international cooperation, evidence-sharing, specialized war-crimes units and prosecutors trained in sexual and gender-based crimes.
The Civil Commission is not alone in arguing that the sexual violence of Oct. 7 requires a legal response. The Association of Rape Crisis Centers in Israel submitted an early report to the UN in 2024, and the Dinah Project, led by legal experts at Bar-Ilan University’s Rackman Center, published an 84-page report in July concluding that Hamas used sexual violence as a “tactical weapon” during the attacks and in captivity. A month later, the UN Secretary-General listed Hamas among parties “credibly suspected” of patterns of rape or other sexual violence in armed conflict.
Elkayam-Levy said the new report should not be treated only as a document for prosecutors, legal scholars or women’s rights advocates. Sexual violence is too often treated as an issue that “belongs to women’s committees,” she said, when the findings should also be studied by those responsible for national security and counterterrorism.
Accountability should also extend to social media platforms, after Hamas-led perpetrators filmed and circulated images of victims to “glorify the atrocities in real time,” according to the report.
The commission has drawn support from high profile figures including David Crane, founding chief prosecutor of the UN Special Court for Sierra Leone, former Israeli Supreme Court president Aharon Barak, former Secretary of State Hillary Clinton and tech executive Sheryl Sandberg, who has campaigned internationally for recognition of Oct. 7 sexual violence.
The archive is led by Karen Jungblut, a former archivist at the USC Shoah Foundation. The commission has also been approached by people trying to document sexual violence in other atrocity settings, Elkayam-Levy said, including Druze contacts seeking guidance after recent attacks in Sweida, Syria.
The report’s release came a day after the Knesset overwhelmingly passed a law establishing a special military tribunal to try captured Hamas-led Oct. 7 perpetrators, with authority to impose the death penalty in some cases. But it warns that capital punishment could deter international support and extradition, noting that comparable hybrid courts combining domestic and international elements do not permit capital punishment.
Executions, Elkayam-Levy further argued, could overshadow the legal record, divert attention from victims’ suffering and turn the proceedings into a global controversy. “My fear is that the terrorists will be remembered more in the universal, historical memory than the victims themselves.”
In taking testimonies from survivors, Elkayam-Levy said, one of the final questions her team asked was what gave them strength and what justice meant to them. The answers, she said, were striking for how little they had to do with indictments or convictions.
“More than anything else, they want the truth to be heard and for them to be recognized and believed,” she said.
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