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How Jewish comedy found religion, from Philip Roth to ‘Broad City’
(JTA) — In the 2020 comedy “Shiva Baby,” a 20-something young woman shows up at a house of Jewish mourners and gently offers her condolences. When she finds her mother in the kitchen, they chat about the funeral and the rugelach before the daughter asks, “Mom, who died?”
While “Shiva Baby” explores themes of sexuality and gender, the comedy almost never comes at the expense of Jewish tradition, which is treated seriously by its millennial writer and director Emma Seligman (born in 1995) even as the shiva-goers collide. It’s far cry from the acerbic way an author raised during the Depression like Philip Roth lampooned a Jewish wedding or a baby boomer like Jerry Seinfeld mocked a bris.
These generational differences are explored in Jenny Caplan’s new book, “Funny, You Don’t Look Funny: Judaism and Humor from the Silent Generation to Millennials.” A religion scholar, Caplan writes about the way North American Jewish comedy has evolved since World War II, with a focus on how humorists treat Judaism as a religion. Her subjects range from writers and filmmakers who came of age shortly after the war (who viewed Judaism as “a joke at best and an actual danger at worst”) to Generation X and millennials, whose Jewish comedy often recognizes “the power of community, the value of family tradition, and the way that religion can serve as a port in an emotional storm.”
“I see great value in zeroing in on the ways in which Jewish humorists have engaged Jewish practices and their own Jewishness,” Caplan writes. “It tells us something (or perhaps it tells us many somethings) about the relationship between Jews and humor that goes deeper than the mere coincidence that a certain humorist was born into a certain family.”
Caplan is the chair in Judaic Studies at the University of Cincinnati. She has a master’s of theological studies degree from Harvard Divinity School and earned a Ph.D. in religion from Syracuse University.
In a conversation last week, we spoke about the Jewishness of Jerry Seinfeld, efforts by young women comics to reclaim the “Jewish American Princess” label, and why she no longer shows Woody Allen movies in her classrooms.
Our conversation was edited for length and clarity
[Note: For the purpose of her book and our conversation, this is how Caplan isolates the generations: the Silent Generation (b. 1925-45), the baby boom (1946-65), Generation X (1966-79) and millennials (1980–95).]
Jewish Telegraphic Agency: Let me ask how you got into this topic.
Jenny Caplan: I grew up in a family where I was just sort of surrounded by this kind of material. My dad is a comedic actor and director who went to [Ringling Bros. and Barnum & Bailey’s] Clown College. My degrees were more broadly in American religion, not Jewish studies, but I was really interested in the combination of American religion and popular culture. When I got to Syracuse and it came time to start thinking about my larger project and what I wanted to do, I proposed a dissertation on Jewish humor.
The key to your book is how Jewish humor reflects the Jewish identity and compulsions of four sequential generations. Let’s start with the Silent Generation, which is sandwiched between the generation whose men were old enough to fight in World War II and the baby boomers who were born just after the war.
The hallmark of the Silent Generation is that they were old enough to be aware of the war, but they were mostly too young to serve. Every time I told people what I was writing about, they would say Woody Allen or Philip Roth, two people of roughly the same generation.
In “Funny, You Don’t Look Funny: Judaism and Humor from the Silent Generation to Millennials,” Jenny Caplan explores how comics treated religion from the end of World War II to the 21st century. (Courtesy)
The Roth story you focus on is “Eli, the Fanatic” from 1959, about an assimilated Jewish suburb that is embarrassed and sort of freaks out when an Orthodox yeshiva, led by a Holocaust survivor, sets up in town.
Roth spent the first 20 to 30 years of his career dodging the claim of being a self-loathing Jew and bad for the Jews. But the actual social critique of “Eli, the Fanatic” is so sharp. It is about how American Jewish comfort comes at the expense of displaced persons from World War II and at the expense of those for whom Judaism is a real thriving, living religious practice.
That’s an example you offer when you write that the Silent Generation “may have found organized religion to be a dangerous force, but they nevertheless wanted to protect and preserve the Jewish people.” I think that would surprise people in regards to Roth, and maybe to some degree Woody Allen.
Yeah, it surprised me. They really did, I think, share that postwar Jewish sense of insecurity about ongoing Jewish continuity, and that there’s still an existential threat to the ongoing existence of Jews.
I hear that and I think of Woody Allen’s characters, atheists who are often on the lookout for antisemitism. But you don’t focus on Allen as the intellectual nebbish of the movies. You look at his satire of Jewish texts, like his very funny “Hassidic Tales, With a Guide to Their Interpretation by the Noted Scholar” from 1970, which appeared in The New Yorker. It’s a parody of Martin Buber’s “Tales of the Hasidim” and sentimental depictions of the shtetl, perhaps like “Fiddler on the Roof.” A reader might think he’s just mocking the tradition, but you think there’s something else going on.
He’s not mocking the tradition as much as he’s mocking a sort of consumerist approach to the tradition. There was this sort of very superficial attachment to Buber’s “Tales of the Hasidim.” Allen’s satire is not a critique of the traditions of Judaism, it’s a critique of the way that people latch onto things like the Kabbalah and these new English translations of Hasidic stories without any real depth of thought or intellect. Intellectual hypocrisy seems to be a common theme in his movies and in his writing. It’s really a critique of organized religion, and it’s a critique of institutions, and it’s a critique of the power of institutions. But it’s not a critique of the concept of religion.
The idea of making fun of the wise men and their gullible followers reminds me of the folk tales of Chelm, which feature rabbis and other Jewish leaders who use Jewish logic to come to illogical conclusions.
Yes.
You write that the baby boomers are sort of a transition between the Silent Generation and a later generation: They were the teenagers of the counterculture, and warned about the dangers of empty religion, but also came to consider religion and tradition as valuable. But before you get there, you have a 1977 “Saturday Night Live” skit in which a bris is performed in the back seat of a luxury car, and the rabbi who performs it is portrayed as what you call an absolute sellout.
Exactly. You know: Institutional religion is empty and it’s hollow, it’s dangerous and it’s seductive.
Jerry Seinfeld, born in 1954, is seen as an icon of Jewish humor, but to me is an example of someone who never depicts religion as a positive thing. (Not that there’s anything wrong with that.)
“Seinfeld” is more a show about New York than it is necessarily a show about anything Jewish. The New York of Seinfeld is very similar to the New York of Woody Allen, peopled almost entirely by white, middle-class, attractive folks. It’s a sort of Upper West Side myopia.
But there’s the bris episode, aired in 1993, and written by Larry Charles. Unless you are really interested in the medium, you may not know much about Larry Charles, because he stays behind the camera. But he also goes on to do things like direct Bill Maher’s anti-religion documentary “Religulous,” and there’s a real strong case for him as having very negative feelings about organized religion which feels like a holdover from the Silent Generation. And so in that episode you have Kramer as the Larry Charles stand-in, just opining about the barbaric nature of the circumcision and trying to save this poor baby from being mutilated.
The few references to actual Judaism in “Seinfeld” are squirmy. I am thinking of the 1995 episode in which a buffoon of a rabbi blurts out Elaine’s secrets on a TV show. That was written by Larry David, another boomer, whose follow-up series, “Curb Your Enthusiasm,” is similarly known for its irreverence toward Judaism. But you say David can also surprise you with a kind of empathy for religion.
For the most part, he’s classic, old school, anti-organized religion. There’s the Palestinian Chicken episode where the Jews are rabidly protesting the existence of a Palestinian-run chicken restaurant near a Jewish deli, and where his friend Funkhouser won’t play golf on Shabbos until Larry gets permission by bribing the rabbi with the Palestinian chicken. There, rabbis are ridiculous and can be bought and religion is hollow and this is all terrible.
But then there’s this bat mitzvah montage where for one moment in the entire run of this show, Larry seems happy and in a healthy relationship and fulfilled and enjoying life.
That’s where he falls in love with Loretta Black during a bat mitzvah and imagines a happy future with her.
It’s so startling: It is the most human we ever see Larry over the run of the show, and I believe that was the season finale for the 2007 season. It was much more in line with what we’ve been seeing from a lot of younger comedians at that point, which was religion as an anchor in a good way — not to pull you down but to keep you grounded.
So for Generation X, as you write, Judaism serves “real, emotional, or psychological purpose for the practitioners.”
I wouldn’t actually call it respect but religion is an idea that’s not just something to be mocked and relegated to the dustbin. I’m not saying that Generation X is necessarily more religious, but they see real power and value in tradition and in certain kinds of family experiences. So, a huge amount of the humor can still come at the expense of your Jewish mother or your Jewish grandmother, but the family can also be the thing that is keeping you grounded, and frequently through some sort of religious ritual.
Who exemplifies that?
My favorite example is the 2009 Jonathan Tropper novel, “This Is Where I Leave You.” I’m so disappointed that the film adaptation of that sucked a lot of the Jewish identity out of the story, so let’s stick with the novel. In that book, where a family gathers for their father’s shiva, the characters are horrible people in a dysfunctional family writ large. They lie to each other. They backstab each other. But in scene where the protagonist Judd describes standing up on the bimah [in synagogue] to say Kaddish [the Mourner’s Prayer] after the death of his father, and the way he talks about this emotional catharsis that comes from saying the words and hearing the congregation say the words — it’s a startling moment of clarity in a book where these characters are otherwise just truly reprehensible.
Adam Sandler was born in 1966, the first year of Generation X, and his “Chanukah Song” seems like such a touchstone for his generation and the ones that follow. It’s not about religious Judaism, but in listing Jewish celebrities, it’s a statement of ethnic pride that Roth or Woody Allen couldn’t imagine.
It’s the reclamation of Jewish identity as something great and cool and fun and hip and wonderful and absolutely not to be ashamed of.
From left, Ilana Glazer, Abbi Jacobson and Seth Green in an episode of “Broad City” parodying Birthright Israel. (Screenshot from Comedy Central)
Which brings us to “Broad City,” which aired between 2014 and 2019. It’s about two 20-something Jewish women in New York who, in the case of Ilana Glazer’s character, anyway, are almost giddy about being Jewish and embrace it just as they embrace their sexuality: as just liberating. Ilana even upends the Jewish mother cliche by loving her mother to death.
That’s the episode with Ilana at her grandmother’s shiva, which also has the B plot where Ilana and her mother are shopping for underground illegal handbags. They spend most of the episode snarking at each other and fighting with each other and her mother’s a nag and Ilana is a bumbling idiot. But at the moment that the cops show up, and try to nab them for having all of these illegal knockoff handbags, the two of them are a team. They are an absolute unit of destructive force against these hapless police officers.
I think all of your examples of younger comics are women, who have always had fraught relationships with Jewish humor, both as practitioners and as the target of jokes. You write about “The JAP Battle” rap from “Crazy Ex-Girlfriend,” which both leans into the stereotype of the Jewish-American Princess — spoiled, acquisitive, “hard as nails” — and tries to reclaim it without the misogyny.
Rachel Bloom’s character Rebecca in “Girlfriend” self-identifies as a JAP, but she doesn’t actually fit the category. It’s her mother, Naomi, who truly is the Philip Roth, “Marjorie Morningstar,” Herman Wouk model of a JAP. So Bloom is kind of using the term, but you can’t repurpose the term when the original is still there.
So as an alternative, I offer up a new term: the Modern Ashkenazi American Woman. It’s very New York, it’s very East Coast, it’s very particular to a type of upbringing and community that in the 1950s and ’60s would have been almost exclusively Conservative Jews, and then may have become a bit more Reform as we’ve gotten into the ’90s and 2000s. They went to the JCC. They probably went to Jewish summer camp.
But even that doesn’t even really speak to the American sense of what Jewish is anymore, because American Jews have become increasingly racially and culturally diverse.
There is also something that’s happening historically with Generation X, and that’s the distance from the two major Jewish events of the 20th century, which is the Holocaust and the creation of Israel.
The Silent Generation and baby boomers still had a lingering sense of existential dread — the sense that we’re not so far removed from an attempted total annihilation of Jews. Gen X and millennials are so far removed from the Holocaust that they don’t feel that same fear.
But the real battleground we’re seeing in contemporary American Judaism is about the relationship to Israel. For baby boomers and even for some older members of Gen X, there’s still a sense that you can criticize Israel, but at the end of the day, it’s your duty to ultimately support Israel’s right to exist. And I think millennials and Zoomers [Gen Z] are much more comfortable with the idea of Israel being illegitimate.
Have you seen that in comedy?
I certainly think you can see the leading edge of that in some millennial stuff. The “Jews on a Plane” episode of “Broad City” is an absolute excoriation of Birthright Israel, and does not seem particularly interested in softening its punches about the whole idea of Jews going to Israel. I think we can see a trend in that direction, where younger American Jewish comedians do not see that as punching down.
You’re teaching a class on Jewish humor. What do your undergraduates find funny? Now that Woody Allen is better known for having married his adoptive daughter and for the molestation allegations brought by another adoptive daughter, do they look at his classic films and ask, “Why are you teaching us this guy?”
For the first time I’m not including Woody Allen. I had shown “Crimes and Misdemeanors” for years because I think it’s his most theological film. I think it’s a great film. And then a couple years ago, I backed off, because some students were responding that it was hard to look at him with all the baggage. He’s still coming up in conversation because you can’t really talk about the people who came after him without talking about him, but for the first time I’m not having them actually watch or read any of his stuff.
They have found things funny that I didn’t expect them to, and they have not found things funny that I would have thought they would. They laughed their way through “Yidl mitn fidl,” the 1936 Yiddish musical starring Molly Picon. I also thought they’d enjoy the Marx Brothers’ “Duck Soup” and they did not laugh once. Some of that is the fact that Groucho’s delivery is just so fast.
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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.”
The post Elected PA Jewish judge leaves Democratic party, citing ‘disturbingly common’ antisemitism appeared first on The Forward.
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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.”
The post At Abraham Foxman’s funeral, an elegy for the last generation with direct ties to the Holocaust appeared first on The Forward.
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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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