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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.

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Ilhan Omar Slapped With Ethics Complaint From Conservative Watchdog Over Holding Rally With Ex-Somali PM

US Rep. Ilhan Omar (D-MN) participates in a news conference, outside the US Capitol in Washington, DC, April 10, 2019. Photo: Reuters / Jim Bourg

US Rep. Ilhan Omar (D-MN) has been slapped with an ethics complaint by the American Accountability Foundation (AAF), a conservative watchdog group, for holding an event with former Somali Prime Minister Hassan Ali Khaire. 

Last weekend, Khaire took the stage with Omar in support of her reelection campaign. AAF argued Khaire’s presence at Omar’s campaign rally constituted a violation of the US Federal Election Campaign Act and demanded the congresswoman step down from office. 

“We are deeply concerned by Ilhan Omar’s illegal campaign rally with the former prime minister of Somalia. Omar already has a long history of statements indicating her disdain for America and allegiance to Somalia, but this goes beyond statements,” the AAF wrote. 

“Now her campaign has taken action to involve a foreign leader in an American election. She must resign immediately and return every dollar raised for her at this disgraceful rally,” the watchdog continued.  

The organization argued Omar potentially committed two infractions against the Federal Election Campaign Act. 

First, AAF alleged that the congresswoman “knowingly accepted former Somalia Prime Minister Hassan Ali Khaire’s services at her campaign events.” They asserted this action exceeded the “limited volunteer services permitted by a foreign national and involves impermissible decision-making.”

Second, the watchdog claimed that Khaire was possibly “compensated by a prohibited source.” The organization suggested that Ka Joog, a Minneapolis-based nonprofit that focuses on “empowering Somali American youth,” organized and funded Khaire’s trip to America. AAF argued that Omar likely “knowingly accepted a corporate contribution associated with Mr. Khaire’s travel and lodging costs” with the goal of boosting voter turnout among Minnesota’s Somali-American community. 

During Omar’s campaign rally in Minnesota last weekend, Khaire gave an impassioned speech, urging the audience to vote for the congresswoman. 

“Support her with your votes, tell your neighbors and friends, and anyone you know to come out and support Ilhan Omar,” Khaire said. “And knock on every door you can so that she can be re-elected.”

Khaire then added, Ilhan’s interests aren’t those of Minnesota or the American people but those of Somalia.”

“No one is above the law — even members of the Squad” of far-left lawmakers in the US House, AAF president Thomas Jones wrote in a statement. “Not only were Khaire’s comments about Omar deeply disturbing, but the rally was also a blatant violation of US election laws. Omar must resign immediately and return every dollar raised by Khaire for her campaign.”

Omar’s campaign counsel David Mitrani denied that the congresswoman violated any elections laws. 

“This ethics complaint is another attempt by the far-right to smear the congresswoman,” Mitrani told the New York Post

“Congresswoman Omar’s campaign had absolutely no involvement in requesting, coordinating, or facilitating Mr Khaire’s appearance or his comments, and accordingly there was no violation of law,” he continued. 

Khaire’s claim that Omar’s “interests” are with Somalia rather than the American people raised eyebrows, with critics pointing out that she has previously criticized the American Jewish community for supposedly maintaining “allegiance” to the government of Israel. 

“I want to talk about the political influence in this country that says it is OK for people to push for allegiance to a foreign country,” Omar said during a 2019 speech in reference to the American Israel Public Affairs Committee, a lobbying organization aimed at fostering a closer US-Israel relationship.

“Accusing Jews of harboring dual loyalty has a long, violent, sordid history,” said Steve Hunegs, executive director of the Jewish Community Relations Council of Minnesota and the Dakotas, in response to Omar’s comments.

During her five-year stretch as a US representative, Omar has emerged as one of Israel’s fiercest critics, repeatedly accusing the Jewish state of enacting “apartheid” and “ethnic cleansing” against Palestinians. She has supported the boycott, divestment, and sanctions (BDS) movement against Israel, an initiative which seeks to economically punish and isolate the Jewish state as the first step toward its elimination.

The congresswoman came under fire after waiting a whole two days to comment on Hamas’ Oct. 7 slaughter of over 1200 people across southern Israel. Despite slow-walking a condemnation of Hamas’ atrocities, she was one of the first congresspeople to call for Israel to implement a “ceasefire” in the Gaza strip. 

Omar enraged both Democratic and Republican lawmakers after she referred to Jewish college students as being either “pro-genocide or anti-genocide” while visiting Columbia University in April.

The post Ilhan Omar Slapped With Ethics Complaint From Conservative Watchdog Over Holding Rally With Ex-Somali PM first appeared on Algemeiner.com.

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California Jury Convicts Neo-Nazi Who Brutally Murdered Gay Jewish Teenager

Samuel Woodward, recently convicted of the hate crime murder of 19-year-old Blaze Bernstein, a gay Jewish teenager from California. Photo: Orange County Sheriff’s Office

A jury in Orange County, California on Wednesday convicted a neo-Nazi of the hate-crime murder of a gay Jewish teenager he lured to the woods under the false pretense of a furtive hook-up.

According to court documents, Samuel Woodward — a member of the Neo-Nazi group the Atomwaffen Division — stabbed 19-year-old University of Pennsylvania student Blaze Bernstein over two dozen times in 2018 after pretending in a series of Tinder messages to be interested in a first-time homosexual encounter.

Bernstein was unaware of Woodward’s paranoiac and hateful far-right ideology, however. The now 26-year-old Woodward had withdrawn from college to join the Atomwaffen Division — whose members have been linked to several other murders, including a young man who killed his ex-girlfriend’s parents — idolized Adolf Hitler, and would spend hours on Grindr searching for gay men to humiliate and “ghost,” ceasing all contact with them after posing as a coquettish “bicurious” Catholic.

“I tell sodomites that I’m bi-curious, which makes them want to ‘convert’ me,” Woodward said in his diary quoted by The Los Angeles Times. “Get them hooked by acting coy, maybe then send them a pic or two, beat around the bus and pretend to tell them that I like them and then kabam, I either un-friend them or tell them they have been pranked, ha ha.”

In another entry, Woodward wrote, “They think they are going to get hate crimed [sic] and it scares the s— out of them.”

On the day of the killing, Woodward agreed to drive Bernstein to Borrego Park in Foothill Ranch, where he stabbed him as many as 30 times and buried him in a “shallow grave,” according to various reports. He never denied his guilt, but in court his attorneys resorted to blaming the crime on his being diagnosed with Asperger’s Syndrome and feeling conflicted about his sexuality, LA Times reported. As the trial progressed, his attorneys also made multiple attempts to decouple Woodward’s Nazism from the murder, arguing that it was not a hate crime and that no mention of his trove of fascist paraphernalia and antisemitic and homophobic views should be uttered in court.

“No verdict can bring back Blaze. He was an amazing human and humanitarian and a person we were greatly looking forward to having in our lives, seeing wondrous things from him as his young life unfolded” the family of the victim, who has been described by all who knew him as amiable and talented, said in a statement shared by ABC News. “From this funny, articulate, kind, intelligent, caring, and brilliant scientist, artist, writer, chef, and son, there will never be anyone quite like him. His gifts will never be realized or shared now.”

With Wednesday’s guilty verdict, Woodward may never be free again. He faces life in prison without parole at his sentencing on Oct. 25.

Follow Dion J. Pierre @DionJPierre.

The post California Jury Convicts Neo-Nazi Who Brutally Murdered Gay Jewish Teenager first appeared on Algemeiner.com.

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Opinion: The folly of pro-Palestinian protesters screaming at Jewish teenage girls playing softball in Surrey, B.C.

Did the protesters even realize who would be on the field when they showed up?

The post Opinion: The folly of pro-Palestinian protesters screaming at Jewish teenage girls playing softball in Surrey, B.C. appeared first on The Canadian Jewish News.

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