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The real Jewish history behind Netflix’s ‘Transatlantic’ and the WWII rescue mission that inspired it
(JTA) — While the United States swung its door shut to most refugees during World War II, a young American in France saved thousands, including some of the 20th century’s defining artists and thinkers — such as Marc Chagall and Hannah Arendt — from the Nazis.
The rescue mission of Varian Fry, which went largely unrecognized during his life, is the subject of Netflix’s new drama “Transatlantic,” launching Friday from “Unorthodox” creator Anna Winger.
Starring Cory Michael Smith as Fry, the seven-episode “Transatlantic” aims to recreate his operation in Marseille after the Nazis defeated France and before the United States entered the war. Winger has injected several imagined romances, war efforts and characters into the fictionalized series, including one posed as Fry’s lover, named Thomas Lovegrove (played by Israeli Amit Rahav). Although Fry’s son has said that he was a “closeted homosexual,” no such person is known to have existed.
Winger believes these inventions will invite Netflix viewers to learn more about the true story.
“The people who lived through these stories are dying out,” she told the Jewish Telegraphic Agency. “My job is to bring this to a wide audience, to people who don’t know anything about it.”
The story behind the series
The real Varian Fry, a 32-year-old journalist and suit-clad Harvard graduate, showed up in Marseille with $3,000 taped to his leg and a list of 200 names in August 1940.
After France surrendered to Germany, Fry was among 200 Americans — including journalists, artists, museum curators, university presidents and Jewish refugees — to create the Emergency Rescue Committee at the Hotel Commodore in New York. This group was concerned with Article 19 in France’s armistice with Germany, which required French authorities to surrender any individuals demanded by the Germans.
The private relief organization drew up frenzied lists of anti-Nazi intellectuals who were trapped in France. With the help of first lady Eleanor Roosevelt, the ERC obtained some emergency visas and sent Fry to lead the rescue efforts in Marseille, a port city in the southern, unoccupied part of France.
What he found there was impossible to manage alone. His mission began in his room at the Hotel Splendide, where long lines of refugees waited in the morning before he woke up and at night after he went to bed. They sometimes walked straight into his bedroom without knocking, Fry wrote in a letter to his wife shortly after he arrived.
Gathering a small devoted staff, including Frenchmen, refugees and American expatriates, Fry moved his office to Rue Grignan and later Boulevard Garibaldi. Outside of Marseille he rented the Villa Air-Bel — colorfully recreated in “Transatlantic” — to house eminent writers and eccentric Surrealist artists waiting for visas.
The group developed legal and illegal branches, with the cover organization offering humanitarian relief while a behind-the-scenes operation flouted the law to help refugees escape. Using Marseille’s lively black market, the staff found hiding places, forged documents and bribed officials. Bil Spira, a Jewish Austrian-born cartoonist, forged passports for the ERC. (He was caught and deported to Auschwitz, but survived.) Resistance fighters Hans and Lisa Fittko devised an escape route to Spain, guiding refugees across the Pyrenees mountains on foot.
By the time he was forced out in October 1941, Fry’s shoestring operation had enabled 2,000 Jewish and other anti-Nazi refugees to flee Europe, including such towering artists as Chagall, Max Ernst and Marcel Duchamp, and intellects such as Arendt, Heinrich Mann and André Breton. It has been estimated that 20,000 refugees made contact with the rescue center in Marseille.
Fry’s illegal efforts made him plenty of enemies from his own country, who accused him of interfering with American neutrality in the war. He angered the state department, officials at the American consulate in Marseille and ERC members in New York. In August 1941, he was arrested by Vichy police and sent back to New York.
Fry died in 1967 at the age of 59. Only a few months earlier, he had received the Croix de Chevalier de la Legion d’Honneur, France’s highest decoration of merit — and the only official recognition in his lifetime. In 1994, he became the first American honored by Yad Vashem, Israel’s Holocaust memorial and history authority, as Righteous Among the Nations.
The Emergency Rescue Committee merged with another relief organization and became the International Rescue Committee in 1942. It is still in operation today and currently led by a Jewish CEO, former British politician David Miliband.
What’s in the show, and why some are against it
Some of Fry’s colleagues are fictionalized in “Transatlantic,” including the Jewish Berliner Albert Hirschman (Lucas Englander), who would become an economist in the United States; the Chicago heiress Mary Jayne Gold (Gillian Jacobs); and the Jewish Austro-Hungarian activist Lisa Fittko (Deleila Piasko). American diplomat Hiram Bigham, who gave Fry crucial help and even hid writer Lion Feuchtwanger in his home, is also a character in the show.
Throughout the seven episodes, rescue missions swirl around a series of fictional love affairs. In addition to Fry’s relationship, a triangle unfolds between Hirschman, Gold and the fictional American Consul Graham Patterson. (There is no evidence that Gold romanced either with her comrade or with any American consul in Marseille.) Lisa Fittko has an affair with the fictional character Paul Kandjo, who organizes armed resistance to Vichy.
Gillian Jacobs as heiress Mary Jayne Gold. (Anika Molnar/Netflix)
Several wartime plot points are also invented, including a prison break at Camp de Mille and Gold’s collaboration with British intelligence.
The degree of fictionalization has angered some people close to the real history. Pierre Sauvage, president of the Varian Fry Institute, called the show’s trailer “shocking.” Born in 1944, Sauvage survived the end of the Holocaust in the French village of Le Chambon-sur-Lignon, although his Jewish parents were turned down by Fry’s overwhelmed committee. He became close friends with some of Fry’s fellow rescuers in their later years, including the late Gold, Hirschman and Fittko.
“Are there any red lines?” he said. “Can one fictionalize at will, with no concern for the reality of the story, for the false impression that people will get — and for the way it affects the private lives of the families of people portrayed?”
Sheila Isenberg, who documented Fry’s operation in her book “A Hero of Our Own,” has described the series as a “travesty.” Thomas Fischer Weiss, a child survivor who attempted Fry’s escape route through the Pyrenees at 5 years old, also said the historical events needed no embellishment.
“I think you should tell it straight,” he told the JTA.
The legacy of the ‘troublemakers’
Sauvage believes that if Fry and his associates were alive today, they would like to be remembered for their convictions.
“These were people who were sort of in your face,” he said. “People who knew clearly what they felt and expressed it. They would often describe themselves as troublemakers. Mary Jayne [Gold] said about Varian that he was an ‘ornery cuss’ — it took orneriness to stick to your guns.”
That orneriness was critical at a time when many Americans were apathetic to the plight of European Jews — a 1938 poll in Fortune magazine found that fewer than 5% believed the United States should raise its immigration quotas for refugees. By the summer of 1941, it was too late to open the doors. The German policy of expelling Jews had changed into extermination.
According to Sauvage, America’s refusal to accept more refugees had something to do with that shift.
“The Nazis could legitimately come to the conclusion that the world wouldn’t do anything about the murders and wouldn’t really care all that much,” he said. “What the Varian Fry mission symbolizes is people who cared.”
Varian Fry with Miriam Davenport in the first offices of the Centre Américain de Secours in Marseille in 1940. Davenport, a friend of Mary Jayne Gold, also worked in the rescue effort but is omitted from “Transatlantic.” (Varian Fry Institute)
After their year in Marseille, the rescuers settled into more ordinary lives. Hirschman became an economist with appointments at Yale, Columbia and Harvard. Lisa Fittko ended up in Chicago, where she worked hard in import-export, translation and clerical jobs to earn money, eventually joining protests against the Vietnam War. Gold divided her time between New York City and a villa on the French Riviera.
They all remembered the rescue mission as their finest hour. Speaking with Sauvage, Gold called that year “the only one in her life that really mattered.”
A refugee story for troubled times
Fry’s rescue mission inspired Julie Orringer to write “The Flight Portfolio,” a 2019 novel that became the basis for “Transatlantic.” Orringer was captivated by the image of a young man arriving in Marseille, idealistic and unprepared for the depth of anguish he would find.
“The task was way too big,” she told the JTA. “He realized quite early on that he was going to ask for help, that he was going to have to turn to others who had deeper experience. And in collecting this group of incredible individuals around him, he assembled a kind of collective mind that really could make a difference under the very difficult circumstances that he faced.”
She believed that Fry left an example for the inexperienced. “If you‘re the kind of person who wants to take action on behalf of refugees, but doesn’t know how to do it, ask for help,” she said.
Winger, a Jewish Massachusetts native who has lived in Berlin for two decades, conceived of making a series about Fry in 2015. Germany saw an influx of more than a million migrants that year, most of them fleeing Syria’s horrific civil war. She optioned Orringer’s book in 2020.
“I thought a lot about the fact that people like us — artists, Jews, both — had to leave Berlin as refugees, but now there were so many people coming to Berlin as refugees,” said Winger.
Then, just as she started filming “Transatlantic” on location in Marseille, a new war broke out in Europe.
“The war in Ukraine started three days into the production and there was a whole other wave of refugees coming to Berlin,” she said. “Suddenly we were making it in another refugee crisis.”
Russia’s invasion of Ukraine hit close to the show, whose cast and crew hail from across the continent. Winger’s cinematographer is married to a Ukrainian woman. In Berlin, she saw thousands of refugees crowding into the central train station, some without shoes, food or plans for shelter.
“I think it gave us all a strong sense of purpose,” said Winger.
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The post The real Jewish history behind Netflix’s ‘Transatlantic’ and the WWII rescue mission that inspired it 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.” 
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.
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.
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.”
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.