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Diaspora alarm over Israel: Your guide to what the critics are saying

(JTA) — I started reporting on North American Jews and Israel in the last century, and for years covered the debate over whether Jews in the Diaspora had a right to criticize the Israeli government in public. The debate sort of petered out in the early-1990s, when Israel itself began talking about a Palestinian state, and when right-wing groups then decided criticizing Israel was a mitzvah.

Nevertheless, while left-wing groups like J Street and T’ruah have long been comfortable criticizing the Israeli government or defending Palestinian rights, many in the centrist “mainstream” — pulpit clergy, leaders of federations and Hillels, average Jews nervous about spoiling a family get-together — have preferred to keep their concerns to themselves. Partly this is tactical: Few rabbis want to alienate any of their members over so divisive a topic, and in the face of an aggressive left, organizational leaders did not want to give fuel to Israel’s ideological enemies. (The glaring exception has been about Israeli policy toward non-Orthodox Judaism, which is seen as very much the Disapora’s business.)

In recent weeks, there has been an emerging literature of what I have come to think of as “reluctant dissent.” What these essays and sermons have in common, despite the different political persuasions of the authors, is a deep concern over Israel’s “democratic character.” They cite judicial reforms that would weaken checks and balances at the top, expansion of Jewish settlements that would make it impossible to separate from the Palestinians, and the Orthodox parties that want to strengthen their hold on religious affairs. As Abe Foxman, who as former director of the Anti-Defamation League rarely criticized Israel, told an interviewer, “If Israel ceases to be an open democracy, I won’t be able to support it.”

I read through the various ways Jewish leaders and writers here and in Israel are not just justifying Diaspora Jews who are protesting what is happening in Israel, but providing public permission for others to do the same. Here is what a few of them are saying (with a word from a defender of the government):

‘I didn’t sleep much last night’
Yehuda Kurtzer: Facebook, Feb. 8 

Kurtzer is the president of the Shalom Hartman Institute of North America, the New York-based branch of the Israeli think tank that promotes a diverse, engaged relationship with Israel. In a recent blog post, he neatly describes the dilemma of Diaspora Zionists who aren’t sure what to do with their deep concerns about the direction of the Israel government, especially the concentration of power in a far-right legislative branch.

Centrist American Jews who care about Israel are caught between “those to our right who would see any expression of even uncertainty about Israel’s democratic character as disloyalty, [and] those on the other side who think that a conversation about Israeli democracy is already past its prime,” he writes. He is also concerned about the “widespread disengagement that we can expect among American Jews, what I fear will become the absent majority — those who decide that however the current crisis is resolved, all of this is just ‘not for them.’” 

Kurtzer likens Israel to a palace, and Diaspora Jews as “passersby” who live beyond its walls. Nonetheless, he feels responsible for what happens there. “The palace is burning and the best we can do is to tell you,” he writes. “It is also how we will show you we love you, and how much we cherish the palace.”

An open letter to Israel’s friends in North America
Matti Friedman, Yossi Klein Halevi and Daniel Gordis: Times of Israel, Feb. 7 

Three high-profile writers who moved to Israel from North America and who often defend Israel against its critics in the United States — Gordis, for one, has written a book arguing that American Jewish liberalism is incompatible with Israel’s “ethnic democracy” — now urge Diaspora Jews to speak out against the current Israeli government. They don’t mention the territories or religious pluralism. Instead, their trigger is the proposed effort to reform the Supreme Court, which they say will “eviscerate the independence of our judiciary and remake the country’s democratic identity.” Such a move will “threaten Israeli-American relations, and it will do grave damage to our relations with you, our sisters and brothers in the Diaspora,” concluding, “We need your voice to help us preserve Israel as a state both Jewish and democratic.” 

All Israel Is Responsible for Each Other
Rabbi Angela Buchdahl: Sermon, Jan. 27

Buchdahl, the senior rabbi of New York City’s Reform Central Synagogue, isn’t looking to Israeli writers for permission to weigh in on Israel’s political scene. In a sermon that takes its name from a rabbinic statement of Jewish interdependence, she asserts without question that Jews everywhere have a stake in the future of Israel and have a right to speak up for “civil society and democracy and religious pluralism and human rights” there. She focuses on the religious parties who are convinced that “Reform Jews are ruining Israel,” as you might expect, but ends the sermon with a call to recognize the rights of all Israeli citizens, Jewish and non-Jewish, “and also those living under Israel’s military control.” Of those Palestinians, she says, “We can’t feel comfortable sitting in the light of sovereignty next to a community living in darkness and expect to have peace.”

And like Kurtzer, she worries that concerned American Jews will simply turn away from Israel in despair or embarrassment, and urges congregants to support the Israeli and American organizations that share their pluralistic vision for Israel.

On That Distant Day
Hillel Halkin: Jewish Review of Books, Winter 2023  

In his 1977 book “Letters to an American Jewish Friend: A Zionist Polemic,” the translator and author Hillel Halkin made a distinction similar to Kurtzer’s image of Israel as a palace and the Diaspora as passersby: Jews who don’t  emigrate to Israel are dooming themselves to irrelevance, while immigrants like him are living on the stage where the Jewish future would play out. His mournful essay doesn’t address the Diaspora, per se, although it creates a permission structure for Zionists abroad to criticize the government. Halkin sees the new government as a coalition of two types of religious zealots: the haredi Orthodox who want to consolidate their control of religious life (and funding) in Israel, and a “knit-skullcap electorate [that] is hypernationalist and Jewish supremacist in its attitude toward Arabs.” (A knit skullcap is a symbol for what an American might call the “Modern Orthodox.”) Together, these growing and powerful constituents represent “the end of an Israeli consensus about what is and is not permissible in a democracy — and once the rules are no longer agreed on, political chaos is not far away. Israel has never been in such a place before.”

Halkin does talk about Israeli expansion in the West Bank, saying he long favored Jewish settlement in the territories, while believing that the “only feasible solution” would be a two-state solution with Arabs living in the Jewish state and Jews living in the Arab one. Instead, Israel has reached a point where there is “too much recrimination, too much distrust, too much hatred, too much blind conviction, too much disdain for the notion of a shared humanity, for such a solution to be possible… We’re over the cliff and falling, and no one knows how far down the ground is.”

Method to Our Madness: A Response to Hillel Halkin
Ze’ev Maghen: Jewish Review of Books, Jan. 10, 2023

Ze’ev Maghen, chair of the department of Middle East studies at Bar-Ilan University, is hardly a dissenter; instead, his response to Halkin helpfully represents the views of those who voted for the current government. Maghen says the new coalition represents a more honest expression of Zionism than those who support a “liberal, democratic, egalitarian, inclusive, individualist, environmentally conscious, economically prosperous, globally connected, etc., etc., society.” The new government he writes, will defend Israel’s “Jewish nationalist raison d’être, and keep at bay those universalist, Western-based notions that are geared by definition to undermine nationalism in all its forms.” As for the Palestinian issue, he writes, “I’d rather have a fierce, hawkish Zionist in the cockpit than a progressive, Westernized wimp for whom this land, and the people who have returned to it after two millennia of incomparable suffering, don’t mean all that much.”

The Tears of Zion
Rabbi Sharon Brous: Sermon, Feb. 4, 2023

Brous, rabbi of the liberal Ikar community in Los Angeles, doesn’t just defend the right of Diaspora Jews to speak out in defense of Israeli democracy and Palestinian rights, but castigates Jewish leaders and communities who have been reluctant to criticize Israel in the past. “No, this government is not an electoral accident, and it is not an anomaly,” she says. “This moment of extremism has been a long time in the making and our silence has made us complicit.”


The post Diaspora alarm over Israel: Your guide to what the critics are saying appeared first on Jewish Telegraphic Agency.

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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.” 

Fellows practicing their Hebrew letters Photo by Simone Saidmehr

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.

Ruben Shimonov and his exhibit at the Center for Jewish History, “Convergence” Courtesy of Ruben Shimonov

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.

Ruben Shimonov’s calligraphy blending the Hebrew and Arabic words for pomegranate, רִמּוֹן‬ (rimmon) and رُمَّان (rummān) Courtesy of Ruben Shimonov

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.”

Ali Saracoglu and his marbling art featuring Ruben Shimonov’s calligraphy Courtesy of Ali Saracoglu

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.

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