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The Hanukkah merch market has exploded. But are Jews feeling more represented?

(JTA) — It was early November when Nicholas Wymer-Santiago walked into his local Target in Austin, Texas, and realized it was beginning to feel a lot like Hanukkah.

Instead of an endcap with a limited array of Hanukkah basics, as he had seen in past years, there stretched out a whole aisle of holiday products: pillows; dreidel-shaped pet toys; window decals; menorahs in the shape of lions, corgis and whales; and so much more. Even the $5-and-under impulse-buys section filled with seasonal products had a supply of Hanukkah goods, including a Star of David-shaped bowl and a set of dishes labeled “sour cream” and “applesauce.”

“In a good way, it was overwhelming at first, because there’s so much and I kind of want to buy it all,” Wymer-Santiago recalled feeling as he stood in the holiday section, looking up at a large photograph of a Hanukkah celebration alongside others showcasing Christmas.

The higher education administrator at the University of Texas decided to limit himself, at first taking home just a tea towel and a matching mug printed with a Hanukkah motif.

“And then I came back twice, maybe three times and each time I bought more and more items that I know I probably don’t need,” he said. “I think I’ve just had so much excitement about the novelty of it all, and having the ability to purchase these items, many of which I’ve never seen before.”

Wymer-Santiago is hardly alone in loading his cart with Hanukkah merchandise. Across the United States, big-box stores appear to be stocking more Hanukkah products than ever — and while off-color items such as Hanukkah gnomes and “Oy to the World” dish towels have raised eyebrows, the real story might be that American retailers have decked their shelves with menorahs, tableware and other items that are appropriate, affordable and often downright tasteful.

For many American Jews, the result is a sense of inclusion at a time of unease — although some are wrestling with what it means to have access to a fast-fashion form of Judaica.

“It is very exciting to go into Target or Michaels or a Walmart and to see Hanukkah merchandise,” said Ariel Scheer Stein, an influencer who shares crafting and holiday content for Jewish families on Instagram, where she has more than 20,000 followers.

Social media influencers in Miami, New York City and Denver respond to the flood of Hanukkah products at their local Target shops in 2022. (Instagram/@jamwithjamie/@cupofjo)

“The feeling is almost like pride and like we’re being seen and represented,” Stein added. “In a sea of Christmas … it feels really great, even if it’s a much smaller representation, that the Jewish holiday is there also and the Jewish community is being acknowledged and represented.”

The idea that retailers have stocked up on Hanukkah goods to make Jews feel represented is tempting, but it’s probably not the only reason for a shift in the market, according to Russell Winer, deputy chair of the marketing department at New York University’s Stern School of Business. He said that while an endcap — the small set of shelves at the end of an aisle — might sometimes be given over for symbolic purposes, the devotion of an entire aisle at the busiest time of the year is purely a business decision.

“These stores are very sophisticated in what they put in them,” Winer said. “They’re not going to put stuff on the shelves, especially at the holidays, if they don’t think they’re going to sell.”

There are signs that the Hanukkah market might be much wider than the proportion of Americans who identify as Jewish, 2.5%, would suggest. Numerator, a respected consumer trends polling firm, found in a survey of 11,000 consumers conducted in January 2022 that 14% of respondents said they were “definitely” or “probably” celebrating Hanukkah this year, compared to 96% for Christmas. More than half of the Hanukkah celebrants said they expected to spend more than $50 on the holiday — suggesting that retailers can expect hundreds of millions of dollars in Hanukkah spending this year.

Part of that marketplace is the growing number of families in which Hanukkah is celebrated alongside other holidays, usually Christmas. Most American Jews who have married in the last decade have done so to people who are not Jewish, according to the 2020 Pew study of American Jews; most of them say they are raising their children exclusively or partly as Jews. They may want to have products that allow Hanukkah to share the stage equitably with the other celebrations in their family.

“I’m not terribly surprised from a cultural standpoint that there’s more merchandise,” said Winer, who is Jewish. He said he and his wife had purchased Hanukkah stockings for their grandchildren, who are being raised in two faith traditions. (Evangelical Christians and Messianics, those who adopt Jewish practices while believing in the divinity of Jesus, also represent an emerging market for Jewish ritual objects.)

Stein offered another theory to explain the uptick in interest in Hanukkah products: the fact that social media and Zoom meetings have made home lives more transparent than ever.

“The communal sharing of lives, whether you’re an influencer or even my friends on Facebook showing what their display is this year or taking a picture of a recipe they were really proud of, making latkes from scratch — there’s just more visibility than there has been in the past,” she said. “And that’s probably a factor.”

Whatever the reasons, shoppers are noticing. Like Stein and countless other Jewish influencers, Rabbi Yael Buechler, a devoted observer of Jewish consumer trends, has offered tours of Hanukkah merchandise to her social media followers. Wearing Hanukkah pajamas that she designed and sells, Buechler has posted 14 videos to TikTok showcasing the Hanukkah collections of national retailers and assigns each store a “yay” or “nay” based on several metrics, including whether items display accurate Hebrew or appear to be generic blue-and-white items being passed off as made for the holiday. The videos, which have been viewed hundreds of thousands of times, have given her a broad view of what’s available to the Hanukkah consumer.

@midrashmanicures

Welcome to the second installment of Hanukkah merch: YAY or NAY? .@target edition .Items were rated by:If the product was beyond blue & white Correct Hebrew Whether the Hanukkiyah was kosher If the Hanukkah pun was goodWhether animal was Hanukkah punnable (i.e. Menorasaurus) .#hanukkahiscoming #hanukkahfails #hanukkahcountdown #hanukkahyayornay #yayornay #hanukkah2022 #targetfinds #hanukkahpresents #hanukkahpjs #hanukkahgifts #hanukkahcheck #chanukah2022

♬ Oh Hanukkah – Maccabeats

“I see a lot more products this year than any other year,” said Buechler, who works at a Jewish school outside New York City. “I see a lot of new prints. I see more creativity in the market. I see more humor in the market.”

Like Wymer-Santiago, Buechler said Target, which has 2,000 locations across the United States, stood out as offering the widest array of products and the lowest proportion of “fails,” or products that miss the mark religiously, culturally or aesthetically.

“They have really stepped it up,” Buechler said. “Target also carries the Nickelodeon ‘Rugrats’ Hanukkah sweatshirts that are just brilliant. … I would definitely say they get the biggest ‘yay’ for this year.”

Target, which has a track record of using inclusive imagery in its advertisements and in-store promotions, declined to answer questions about its offerings, including how much bigger its Hanukkah collection is this year than in the past and how widely the products for Jewish buyers have been distributed. But a spokesperson said the feeling Wymer-Santiago and Stein described after visiting their local stores is exactly what the company is trying to cultivate.

“Target is committed to creating an inclusive guest experience in which all guests feel represented,” the spokesperson wrote in an email. The spokesperson noted that Target’s Hanukkah assortment “was developed in collaboration with Jewish team members and input from our Jewish employee resource group” and crosses several of the retailer’s in-house brands.

One of those lines, Opalhouse by Jungalow, was created by a Jewish artist, Justina Blakeney. Last year, Blakeney’s first Hanukkah collection included plates and pillows, as well as a gold menorah shaped like a dove. This year, Blakeney added new pillow designs and a clay menorah.

Target’s website prominent promotes Hanukkah products, including from a house brand by a Jewish creator named Justina Blakeney. (Screenshot)

“If I could go back in time and tell elementary-school-aged Justina (or ‘Tina’ as I was called back then) that I would have a chance to design a Hanukkah collection for Target, I would have lost my mind,” she wrote in an October blog post revealing the collection.

Hanukkah goods have always been widely available through Jewish merchandisers and at synagogue bazaars — but those products have been available only to people who already engaged in Jewish communities. Amazon and other online retailers have increased access, but only for people who are hunting for Hanukkah supplies. A Hanukkah aisle at Target, in contrast, reaches the many Jews who may not already have robust holiday traditions.

Stein, who said she particularly regretted not snapping up a marble dreidel sculpture that quickly sold out at Target, said she saw only benefits in promoting major retailers’ Hanukkah offerings, even if doing so has made her something of an unpaid advertiser at times.

“Right now, especially with the rise of antisemitism, if there are ways that we can spur Jewish joy — and for me, that’s by sharing and inspiring people with different kinds of Hanukkah merch and home decor and jewelry — I think that’s great,” she said.

Not everyone is thrilled by the shift in the marketplace. The sweeping Hanukkah displays are drawing criticism from those who have long lamented that the American primacy of Christmas has caused Jews to focus too much on a minor holiday, while leaving holidays with more religious significance relatively uncelebrated.

“I think: What would it feel like to see a giant Shavuot display?” Wymer-Santiago said.

The fast-fashion aspect of the big-box retailers’ offerings, many of which are imported from China, also raises concerns about whether easy access to trendy Judaica comes at environmental and cultural costs.

“How about we don’t extract fossil fuels to make crap that no one needs and that makes Jewish communities less distinctive?” asked Dan Friedman, a writer and longtime climate activist, though he emphasized that systemic change, rather than tweaks to purchasing decisions by Jewish consumers, is needed to avert climate catastrophe.

For Buechler and others, the benefits of a mass-market Hanukkah merchandise boom outweigh any possible drawbacks.

“As a rabbi, I am all for anything that will make Hanukkah celebrations more engaging and potentially lengthen a family celebration,” said Buechler, who said her own collection had outgrown the four tubs it occupied several months ago, and that one of her favorite purchases was of a Hanukkah sweater for lizards that she bought for a friend’s guinea pig.

“I really do believe that owning different kinds of Hanukkah merch, whether apparel or otherwise, will increase the likelihood that a family will celebrate with friends with family for more nights than they would have last year,” she added.

Nicholas Wymer-Santiago takes a selfie showing off his menorah collection, mostly acquired at his local Target in Austin, Texas. (Courtesy of Wymer-Santiago)

Wymer-Santiago plans to celebrate the holiday with his family in Ohio, meaning that he will be leaving behind much of this year’s Target haul in his Austin apartment: the device that makes dreidel-shaped waffles, the window decals that advertise the holiday to passersby, the giant dreidel-shaped jar that he has filled with, well, dreidels. He said he planned to make room in his suitcase for at least one item: a $5 menorah that reminds him of his dog.

Wymer-Santiago said a piece of him worried that Target was taking advantage of his excitement about Jewish representation, the way it has been criticized for doing around LGBTQ Pride celebrations, to sell him stuff he doesn’t need.

“Every time I buy something from Target in general, but definitely for Hanukkah, I think about this,” he said. “But then I think: This thing is so cute. And I just need it.”


The post The Hanukkah merch market has exploded. But are Jews feeling more represented? 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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