Connect with us

RSS

Hamas Raped and Massacred Israeli Women; Is There a Way to Hold Them Legally Accountable?

An aerial view shows the bodies of victims of an attack following a mass infiltration by Hamas gunmen from the Gaza Strip lying on the ground in Kibbutz Kfar Aza, in southern Israel, Oct. 10, 2023. Photo: REUTERS/Ilan Rosenberg

As a former Special Victims Prosecutor, the plight of victims of sexual violence is one that I am both familiar with and sensitive to. The trauma suffered by these victims is some of the worst that a human being can endure.

The phrase “believe women” became a rallying cry during the #MeToo movement, and on the left. So the deafening silence from those quarters about the sexually violent crimes committed by Hamas on October 7, 2023, has been particularly disappointing.

The Geneva Convention specifies that “women shall be especially protected against any attack on their honor, in particular against rape or any form of indecent assault.”

The Rome Statute of the International Criminal Court states that “rape, sexual slavery, forced pregnancy, or any other form of sexual violence” is a crime against humanity.

Yet, ironically, November 25 is the International Day for the Elimination of Violence against Women, when UN Women launches an annual UN-wide campaign — and there is not a whisper of condemnation emanating from the hallowed halls of the UN about the hideous sexual violence committed by Hamas against Israeli women. This, despite mounting evidence that rape was systematically used against Israeli women as a tool of terror on October 7.

A glossary of translated phrases from Arabic to Hebrew was recovered from Hamas terrorists that included instructions such as “Take your pants off.” There is a disturbing video from October 7 of a young Israeli girl being dragged by her hair with her hands bound behind her back in Gaza. Her crotch area is visibly stained with blood. A harrowing account was just released by Israeli police of a witness who watched as Hamas terrorists gang raped a woman before shooting her in the head. There are numerous accounts of Israeli girls and women being found murdered, with their pants and undergarments completely removed.

In implementing rape as a tool for terror, Hamas committed war crimes.

What recourse exists to prosecute Hamas for these crimes? I spoke with George P. Fletcher, the Cardozo Professor of Jurisprudence at Columbia Law School and preeminent expert in international criminal law about this prospect.

“There is little doubt that Hamas has committed innumerable war crimes,” Professor Fletcher said. “Rape is considered a crime against humanity in the Rome Statute of the International Criminal Court (ICC) and it violates the Geneva Conventions. It is related to genocide because it changes the population by producing offspring.”

Aside from the rape abuses, Hamas’ “charter would be Exhibit A in a prosecution for genocide” Professor Fletcher said, referencing Article 7 of Hamas’ 1988 charter, which calls for the killing of Jews.

Given its anti-Israel bias, and that the ICC has tried to haul Israelis into court under trumped up charges, going to the ICC for justice seems like a horrible mistake. Israel says it will try Hamas war criminals; but what can be done elsewhere?

Professor Fletcher offered a creative and promising alternative to the ICC: the Alien Tort Claims Act (ATCA). While it doesn’t have the geopolitical gravitas of the ICC, “the ATCA allows foreign nationals the ability to sue in US Federal courts for violations of international law, particularly human rights violations,” Fletcher said. I pressed Professor Fletcher on the risks involved in a potential counter-suit for Israeli violations of international law. He responded that, “The concern about a counter-suit is litigious harassment, not the merits. Let them bring their case. A full hearing of the evidence is good for Israel.”

There are a number of logistical issues such a case raises. For example, how would Hamas be served with the complaint? If a judgment for violation of international law were reached, what kind of penalties could be levied and how would it be enforced? If Hamas has assets in the US, then they could be frozen as a result of a judgment against it. But it is unclear whether Hamas has any such assets or US bank accounts.

Professor Fletcher suggested that victims of Hamas’ war crimes sue Iran as well, since there is ample evidence that “Hamas are agents of Iran.” Iran is the biggest state sponsor of terrorism in the world, and pairing Hamas and Iran as co-defendants would highlight this fact. Moreover, it would be easier to enforce a judgment against Iran than it would an amorphous terrorist group in Hamas.

Given the inordinate frequency with which it condemns Israel, the United Nations may not be a hospitable environment for Israeli victims of Hamas war crimes to get justice. US Federal courts might provide a better forum for them to do so. In whichever way the victims of October 7 seek justice, it is clear that they will need to be creative in their approach.

Kenneth Blake is a former Special Victims Prosecutor at the Kings County District Attorney’s Office in Brooklyn, NY. He is a Government and Critical Thinking teacher at St. Vincent de Paul High School in Petaluma, CA. 

The post Hamas Raped and Massacred Israeli Women; Is There a Way to Hold Them Legally Accountable? first appeared on Algemeiner.com.

Continue Reading
Click to comment

You must be logged in to post a comment Login

Leave a Reply

RSS

McGill cancels talk with former Hamas insider turned Israel advocate, citing fears of violence

McGill University has canceled an on-campus event planned by Jewish students—and temporarily halted bookings for all extracurricular activities—following threats of violence along with a death threat, as outlined in a […]

The post McGill cancels talk with former Hamas insider turned Israel advocate, citing fears of violence appeared first on The Canadian Jewish News.

Continue Reading

RSS

US Lawmakers Introduce Bipartisan Bill to Strip Funding From Universities That Boycott Israel

US Rep. Josh Gottheimer (D-NJ) at a press conference in Bergenfield, New Jersey, US on June 5, 2023. Photo: Kyle Mazza/NurPhoto via Reuters Connect

US Reps. Virginia Foxx (R-NC) and Josh Gottheimer (D-NJ) on Tuesday introduced bipartisan legislation to cut off federal funding from universities that engage in boycotts of Israel.

The legislation, titled “The Protect Economic Freedom Act,” would render universities that participate in the boycott, divestment, and sanctions (BDS) movement against Israel ineligible for federal funding under Title IV of the Higher Education Act, prohibiting them from receiving federal student aid. The bill would also mandate that colleges and universities submit evidence that they are not participating in commercial boycotts against the Jewish state. 

“Enough is enough. Appeasing the antisemitic mobs on college campuses threatens the safety of Jewish students and faculty and it undermines the relationship between the US and one of our strongest allies. If an institution is going to capitulate to the BDS movement, there will be consequences — starting with the Protect Economic Freedom Act,” Foxx, chairwoman of the House Committee on Education and the Workforce, said in a statement. 

Gottheimer added that the legislation is necessary to thwart the surging tide of antisemitism on college campuses. Although the lawmaker noted that students are allowed to engage in free expression regarding the ongoing war in Gaza, he argued that blanket boycotts against Israel endanger the lives of Jewish students and community members. 

“The goal of the antisemitic BDS movement is to annihilate the democratic State of Israel, America’s critical ally in the global fight against terror. While students and faculty are free to speak their minds and disagree on policy issues, we cannot allow antisemitism to run rampant and risk the safety and security of Jewish students, staff, faculty, and guests on college campuses,” Gottheimer said in a statement. “The new bipartisan Protect Economic Freedom Act will give the Department of Education a critical new tool to combat the antisemitic BDS movement on college campuses. Now more than ever, we must take the necessary steps to protect our Jewish community.”

The legislation instructs the US Department of Education to keep a record of universities that refuse to confirm their non-participation in anti-Israel boycotts. The list of universities in non-compliance with the legislation would be made publicly available. 

In the year following the Palestinian terrorist group Hamas’s massacre acrosssouthern Israel, universities across the country have found themselves embroiled in controversies regarding campus antisemitism. In the immediate aftermath of the terrorist attacks in Israel, hordes of students and faculty orchestrated protests and demonstrations condemning the Jewish state. Student groups at elite universities such as Harvard and Columbia issued statements blaming Israel for the attacks and expressing support for Hamas. 

Several high-profile universities have also shown a significant level of tolerance for anti-Jewish sentiment festering on their campuses. Northwestern University, for example, capitulated to demands of anti-Israel activists to remove Sabra Hummus from campus dining halls because of its connections to Israel. At Stanford University, Jewish students have reported being forced to condemn Israel before being allowed to enter campus parties. Students at the University of Pennsylvania and Brown University launched unsuccessful attempts to convince the university to divest endowment funds from companies tied to Israel.

The post US Lawmakers Introduce Bipartisan Bill to Strip Funding From Universities That Boycott Israel first appeared on Algemeiner.com.

Continue Reading

RSS

Harvard Chaplains Omit Antisemitism From Statement on Antisemitic Incident

Demonstrators take part in an “Emergency Rally: Stand With Palestinians Under Siege in Gaza,” amid the ongoing conflict between Israel and Hamas, at Harvard University in Cambridge, Massachusetts, US, Oct. 14, 2023. Photo: REUTERS/Brian Snyder

Harvard University’s Office of the Chaplain and Religious and Spiritual Life is being criticized by a rising Jewish civil rights activist for omitting any mention of antisemitism from a statement addressing antisemitic behavior.

The sharp words followed the office’s response to a hateful demonstration on campus in which pro-Hamas students stood outside Harvard Hillel and called for it to banned from campus. Such a demand is not new, as it began earlier this semester at the direction of the National Students for Justice in Palestine (NSJP) organization, which coordinates the lion’s share of anti-Zionist activity on college campuses.

As seen in footage of the demonstration, the students chanted “Zionists aren’t welcome here!” and held signs which accused the organization — the largest campus organization for Jewish students in the world — of embracing “war criminals” and genocide.

Addressing the behavior, Harvard Chaplains issued a statement, which is now being pointed to as a symbol of higher education’s indifference to the unique hatred of antisemitism, as well as its permutation as anti-Zionism.

“We have noticed a trend of expression in which entire groups of students are told they ‘are not welcome here’ because of their religious, cultural, ethnic, or political commitments and identities, or are targeted through acts of vandalism,” the office said, seemingly circumventing the matter at hand. “We find this trend disturbing and anathema to the dialogue and connection across lines of difference that must be a central value and practice of a pluralistic institution of higher learning.”

It continued, “Student groups who are singled out in this way experience such language and acts of vandalism as a painful attack that undermines the acceptance and flourishing of religious diversity here at Harvard. Let us all endeavor to care for one another in these divisive times.”

Recent Harvard graduate Shabbos Kestenbaum, who addressed the Republican National Convention in August to discuss the ways which progressive bias in higher education fosters anti-Zionism and anti-Western ideologies, described the statement as a moral failure in a post on X/Twitter on Tuesday.

“Disappointing,” he said. “After Harvard Jews were told by masked students ‘Zionists aren’t welcome here’ outside of the Hillel, the Chaplain Office finally released a statement that did not include the words Jew, Zionism, Israel, or antisemitism. A total abdication of religious responsibility.”

Kestenbaum noted in a later statement that Harvard’s chief diversity and inclusion officer, Sherri Ann Charleston, has so far declined to speak on the issue at all. He charged that when Charleston “isn’t plagiarizing, she and DEI normalize antisemitism,” referring to evidence, first reported by the Washington Free Beacon, that Charleston is a serial plagiarist who climbed the hierarchy of the higher education establishment by pilfering other people’s  scholarship.

Harvard University president Alan Garber — installed after former president Claudine Gay resigned following revelations that she is also a serial plagiarist — has, experts have said, been inconsistent in managing the campus’ unrest.

During summer, The Harvard Crimson reported that Harvard downgraded “disciplinary sanctions” it levied against several pro-Hamas protesters it suspended for illegally occupying Harvard Yard for nearly five weeks, a reversal of policy which defied the university’s previous statements regarding the matter. Unrepentant, the students, members of the group Harvard Out of Occupied Palestine (HOOP), celebrated the revocation of the punishments on social media and promised to disrupt the campus again.

Earlier this semester, however, Garber appeared to denounce a pro-Hamas student group which marked the anniversary of Hamas’s Oct. 7 attacks on Israel by praising the brutal invasion as an act of revolutionary justice that should be repeated until the Jewish state is destroyed, despite having earlier announced a new “institutional neutrality” policy which ostensibly prohibits the university from weighing in on contentious political issues. While Garber ultimately has said more than Gay when the same group praised the Oct. 7 massacre last academic year, his administration’s handling of campus antisemitism has been ambiguous, according to observers — and described even by students who benefited from its being so as “caving in.”

The university’s perceived failure to address antisemitism has had legal consequences.

Earlier this month, a lawsuit accusing it of ignoring antisemitism was cleared to proceed to discovery, a phase of the case which may unearth damaging revelations about how college officials discussed and crafted policy responses to anti-Jewish hatred before and after Hamas’s massacre across southern Israel last Oct. 7.

The case, filed by the Louis D. Brandeis Center for Human Rights Under Law, centers on several incidents involving Harvard Kennedy School professor Marshall Ganz during the 2022-2023 academic year.

Ganz allegedly refused to accept a group project submitted by Israeli students for his course, titled “Organizing: People, Power, Change,” because they described Israel as a “liberal Jewish democracy.” He castigated the students over their premise, the Brandeis Center says, accusing them of “white supremacy” and denying them the chance to defend themselves. Later, Ganz allegedly forced the Israeli students to attend “a class exercise on Palestinian solidarity” and the taking of a class photograph in which their classmates and teaching fellows “wore ‘keffiyehs’ as a symbol of Palestinian support.”

During an investigation of the incidents, which Harvard delegated to a third party firm, Ganz admitted that he believed “that the students’ description of Israel as a Jewish democracy … was similar to ‘talking about a white supremacist state.’” The firm went on to determine that Ganz “denigrated” the Israeli students and fostered “a hostile learning environment,” conclusions which Harvard accepted but never acted on.

Follow Dion J. Pierre @DionJPierre.

The post Harvard Chaplains Omit Antisemitism From Statement on Antisemitic Incident first appeared on Algemeiner.com.

Continue Reading

Copyright © 2017 - 2023 Jewish Post & News