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From ‘how to’ to ‘why bother?’: Michael Strassfeld writes a new guide to being Jewish
(JTA) — “What the son wishes to forget the grandson wishes to remember.” That’s known as Hansen’s Law, named for the historian Marcus Lee Hansen, who observed that while the children of immigrants tend to run away from their ethnicity in order to join the mainstream, the third generation often wants to learn the “old ways” of their grandparents.
In 1973, “The Jewish Catalog” turned Hansen’s Law into a “do-it-yourself kit” for young Jews who wanted to practice the traditions of their grandparents but weren’t exactly sure how. Imagine “The Joy of Cooking,” but instead of recipes the guide to Jewish living had friendly instructions for hosting Shabbat, building a sukkah and taking part in Jewish rituals from birth to death. Co-edited by Michael Strassfeld, Sharon Strassfeld and the late Richard Siegel, it went on to sell 300,000 copies and remains in print today.
Fifty years later, Rabbi Michael Strassfeld has written a new book that he calls a “bookend” to “The Jewish Catalog.” If the first book is a Jewish “how to,” the latest asks, he says, “why bother?” “Judaism Disrupted: A Spiritual Manifesto for the 21st Century” asserts that an open society and egalitarian ethics leave most Jews skeptical of the rituals and beliefs of Jewish tradition. In the face of this resistance, he argues that the purpose of Judaism is not obedience to Torah and its rituals for their own sake or mere “continuity,” but to “encourage and remind us to strive to live a life of compassion, loving relationships, and devotion to our ideals.”
Strassfeld, 73, grew up in an Orthodox home in Boston and got his master’s degree in Jewish studies at Brandeis University. Coming to doubt the “faith claims” of Orthodoxy, he became a regular at nearby Havurat Shalom, an “intentional community” that pioneered the havurah movement’s liberal, hands-on approach to traditional practice. He earned rabbinical ordination from the Reconstructionist Rabbinical College when he was 41 and went on to serve as the rabbi of Congregation Ansche Chesed on the Upper West Side and later the Society for the Advancement of Judaism, the Manhattan flagship of Reconstructionist Judaism.
“To be disrupted is to experience a break with the past and simultaneously reconnect in a new way to that past,” writes Strassfeld, who retired from the pulpit in 2015. This week, we spoke about why people might find Jewish ritual empty, how he thinks Jewish practices can enrich their lives and how Passover — which begins Wednesday night — could be the key to unlocking the central idea of Judaism.
Our conversation was edited for length and clarity.
Jewish Telegraphic Agency: I wanted to start with the 50th anniversary of the “Jewish Catalog.” What connects the new book with the work you did back then on the “Catalog,” which was a do-it-yourself guide for Jews who were trying to reclaim the stuff they either did or didn’t learn in Hebrew school?
Michael Strassfeld: I see them as bookends. Basically, I keep on writing the same book over and over again. [Laughs] Except no, I’m different and the world is different. I’m always trying to make Judaism accessible to people. In the “Catalog” I was providing the resources on how to live a Jewish life when the resources weren’t easily accessible.
The new book is less about “how to” than “why bother?” That’s the challenge. I think a lot of people take pride in being Jewish, but it’s a small part of their identity because it doesn’t feel relevant. I want to say to people like that that Judaism is about living a life with meaning and purpose. It’s not about doing what I call the “Jewishly Jewish” things, like keeping kosher and going to synagogue. Judaism is wisdom and practices to live life with meaning and purpose. The purpose of Judaism isn’t to be a good Jew, despite all the surveys that give you 10 points for, you know, lighting Shabbat candles. It’s about being a good person.
So that brings up your relationship to the commandments and mitzvot, the traditional acts and behaviors that an Orthodox Jew or a committed Conservative Jew feels commanded to do, from prayer to keeping kosher to observing the Sabbath and the holidays. They might argue that doing these things is what makes you Jewish, but you’re arguing something different. If someone doesn’t feel bound by these obligations, why do them at all?
I don’t have the faith or beliefs that underlie such an attitude [of obligation]. Halacha, or Jewish law, is not in reality law. It’s really unlike American law where you know that if you’re violating it, you could be prosecuted. What I’m trying to do in the book is reframe rituals as an awareness practice, that is, bringing awareness to various aspects of our lives. So it could be paying attention to food, or cultivating attitudes of gratitude, or generosity, or satisfaction. My broad understanding of the festival cycle, for example, is that you can focus on those attitudes all year long, but the festivals provide a period of time once in the year to really focus on, in the case of Rosh Hashanah and Yom Kippur, for example, saying sorry and repairing relationships.
In “Judaism Disrupted: A Spiritual Manifesto for the 21st Century,” Michael Strassfeld argues that the challenge of each generation’s Jews is to create the Judaism that is needed in their time. (Ben Yehuda Press)
Passover is coming. Probably no holiday asks its practitioners to do so much stuff in preparation, from cleaning the house of every trace of unleavened food to hosting, in many homes, two different catered seminars on Jewish history. Describe how Passover cultivates awareness, especially of the idea of freedom, which plays an important part thematically in your boo
The Sefat Emet [a 19th-century Hasidic master] says Torah is all about one thing: freedom. But there’s a variety of obstacles in the way. There are temptations. There’s the inner issues that you struggle with, and the bad things that are out of your control. The Sefat Emet says the 613 commandments are 613 etzot, or advice, that teach us how to live a life of freedom. The focus of Passover is trying to free yourself from the chains of the things that hold you back from being the person that you could be, not getting caught up in materiality or envy, free from unnecessary anxieties — all these things that distract us or keep us from being who we could be.
The Passover seder is one of the great rituals of Judaism. We’re trying to do a very ambitious thing by saying, not, like, “let’s remember when our ancestors were freed from Egypt,” but rather that we were slaves in Egypt and we went free. And at the seder we actually ingest that. We experience the bitterness by eating maror, the bitter herb. We experience the freedom by drinking wine. We don’t want it just to be an intellectual exercise.
Unfortunately the seder has become rote. But Passover is about this huge theme of freedom that is central to Judaism.
I think some people bristle against ritual because they find it empty. But you’re saying there’s another way to approach rituals which is to think of them as tools or instruments that can help you focus on core principles — you actually list 11 — which include finding holiness everywhere, caring for the planet and engaging in social justice, to name a few. But that invites the criticism, which I think was also leveled at the “Catalog,” that Judaism shouldn’t be instrumental, because if you treat it as a means to an end that’s self-serving and individualistic.
Certainly rituals are tools, but tools in the best sense of the word. They help us pay attention to things in our lives and things in the world that need repair. And people use them not to get ahead in the world, but because they want to be a somewhat better person. I talk a lot these days about having a brief morning practice, and in the book I write about the mezuzah. For most Jews it’s become wallpaper, but what if you take the moment that you leave in the morning, and there’s a transition from home to the outside and to work perhaps, and take a moment at the doorpost to spiritually frame your day? What are the major principles that you want to keep in your mind when you know you’re gonna be stuck in traffic or a difficult meeting?
And a lot of traditional rituals are instrumental. Saying a blessing before you eat is a gratitude practice.
But why do I need a particular Jewish ritual or practice to help me feel gratitude or order my day? Aren’t there other traditions I can use to accomplish the same things?
Anybody who is a pluralist, which I am, knows that the Jewish way is not the only way. If I grew up in India or Indonesia and my parents were locals I probably wouldn’t be a rabbi and writing these books.
But a partial answer to your question is that Judaism is one of the oldest wisdom traditions in the world, and that there has been a 3,000-year conversation by the Jewish people about what it means to live in this tradition and to live in the world. And so I think there’s a lot of wisdom there.
So much in Jewish tradition says boundaries are good, and that it’s important to draw distinctions between what’s Jewish behavior and what’s not Jewish behavior, between the holy and the mundane, and that making those distinctions is a value in itself. But you argue strongly in an early chapter that that kind of binary thinking is not Judaism as you see it.
Underlying the book is the notion that Rabbinic Judaism carried the Jewish people for 2,000 years or so. But we’re living in a very different context, and the binaries, the dualities — too often they lead to hierarchy, so that, for example, men matter more than women in Jewish life. And we’ve tried to change that. We are living in an open society where we want to be more inclusive, not less inclusive. We don’t want to live in ghettos. Now, the ultra-Orthodox say, “No, we realize the danger of trying to live like that. We don’t think there’s anything of value in that modern world. And it’s all to be rejected.” And it would be foolish not to admit that in this very open world the Jews, as a minority, could kind of disappear. But I think that Judaism has so much value and wisdom and practices to offer to people that Judaism will continue to be part of the fabric of this world — the way, for example, we have given Shabbat as a concept to the world.
You know, in the first 11 chapters of the Torah, there are no Jews. So clearly, Jews and Judaism are not essential for the world to exist. And that’s a good, humbling message.
OK, but one could argue that while Jews aren’t necessary for the world to exist, Judaism is necessary for Jews to exist. And you write in your book, “If the Jewish people is to be a people, we need to have a commonly held tradition.” I think the pushback to the kind of openness and permeability you describe is that Jews can be so open and so permeable that they just fall through the holes.
It certainly is a possibility. And it’s also a possibility that the only Jews who will be around will be ultra-Orthodox Jews.
But if Judaism can only survive by being separatist, then I question whether it’s really worthwhile. That becomes a distorted vision of Judaism, and withdrawing is not what it’s meant to be. I think we’re meant to be in the world.
Your book is called “Judaism Disrupted.” What is disruptive about the Judaism that you’re proposing?
I meant it in two ways. First, Judaism is being disrupted by this very different world we’re living in. The contents of the ocean we swim in is very different than in the Middle Ages. But I’m also using it to say that Judaism is meant to disrupt our lives in a positive way, which is to say, “Wake up, pay attention.” You are here to live a life of meaning and purpose, and to continue as co-creators with God of the universe. You’re here to make the world better, to be kind and compassionate to people, to work on yourself. In my mind it is a shofar, “Wake up, sleepers, from your sleep!” “Judaism Disrupted” says you have to pay attention to issues like food, and justice, and teshuva [repentance].
You were ordained as a Reconstructionist rabbi. Do you think your book falls neatly into any of our current denominational categories?
[Reconstructionist founder] Rabbi Mordecai Kaplan’s notion of Judaism as an evolving religious civilization is the one that I feel closest to. But I feel that the denominational structure isn’t particularly useful anymore. There’s basically two categories, Orthodox and the various kinds of liberal Judaism, within a spectrum. The modern world is so fundamentally different in its relationship to Jews and Judaism that what we’re seeing is a variety of attempts to figure out how to respond. And that will then become the Judaism for the next millennium. It’s time for a lot of experimentation. I think that’s required and out of that will come a new “Minhag America,” to use Isaac Mayer Wise’s phrase for the emerging custom of American Jews [Wise was a Reform rabbi in the late 19th century]. And we don’t need to have everybody doing it one way. As long as people feel committed to Judaism, the Jewish tradition, even if they’re doing it very differently than the Jews of the past, they will be writing themselves into the conversation.
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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.
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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.