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U. of Vermont agrees to improve antisemitism training, ending federal case and capping a tumultuous year

(JTA) – A year of strained relations between the University of Vermont and its Jewish community has led to the school resolving a federal antisemitism complaint and pledging to do more to protect its Jewish students — including from anti-Zionist rhetoric.

The university and the U.S. Department of Education announced Monday that they had reached a resolution to the complaint, which the department took up last fall after it was filed by students and pro-Israel groups. The complaint alleged that the institution had not properly responded to Jewish students’ allegations of antisemitic discrimination. Investigators determined that the university “received notice, but did not investigate” several claims of antisemitic behavior on campus, and that the steps it ultimately took did not adequately address students’ concerns. 

Notably, the department’s office of civil rights determined that one of the ways the university’s Jewish students had been discriminated against was through “national origin harassment on the basis of shared ancestry,” reflecting a controversial argument promoted by pro-Israel groups that anti-Zionist rhetoric is harmful to all Jews because the Jewish people share Israel as an ancestral homeland. The resolution of the complaint also reflects a sharp change in course for the school, which had initially denied wrongdoing and blamed the accusations on an orchestrated external campaign — a response that upset the campus Jewish community.

“This complaint was overwhelmingly dealing with the antisemitism that masks as anti-Zionism, and what the resolution demonstrates is how seriously [the office] is taking that kind of antisemitism,” Alyza Lewin, president of the Brandeis Center for Human Rights Under Law, told the Jewish Telegraphic Agency after the ruling. A pro-Israel legal group that often involves itself in campus disputes, the Brandeis Center was one of the organizations that filed the initial complaint on behalf of mostly anonymous students. 

The Department of Education responded to a JTA request for comment by pointing to its letter of resolution with the university. Its civil rights office has fielded several challenges to anti-Zionist rhetoric since the Donald Trump administration expanded the department’s mandate around antisemitism in 2019 under Title VI of the Civil Rights Act. The office of civil rights is fast becoming a favorite tool for pro-Israel activists: It also announced this week it would open an investigation into allegations of a professor’s antisemitic behavior at George Washington University, a week after the university’s own investigation cleared the faculty member of charges brought by another pro-Israel group.

In the agreement, the University of Vermont pledged to revise its policies for reporting discrimination and to train its staff on how to specifically respond to discrimination complaints. The Department of Education will also review the university’s records regarding its response to last year’s allegations of antisemitism. One of the areas in which the university said it would train staff is on how to recognize “the Title VI prohibition against harassment based on national origin, including shared ancestry.” 

Among the allegations: cases of unofficial student groups denying admission to “Zionist” students (including a support group for sexual-assault survivors); one graduate teaching assistant who had mused on social media about lowering the grades of Zionist students; and a group of students who’d reportedly thrown an object at the campus Hillel building (the complaint claimed it was a rock; Hillel staff told JTA it was a puffball mushroom). More than 20% of the university’s student body is Jewish, according to Hillel International.

Evan Siegel, a Jewish junior at the University of Vermont, poses in his off-campus housing in Burlington, October 13, 2022. Siegel was initially critical of his school for its handling of a federal antisemitism investigation, but praised its eventual resolution. (Andrew Lapin/Jewish Telegraphic Agency)

The agreement marked a sharp change from how the university first responded when the government announced its intent to investigate the complaint last fall. Back then, the university’s president, Suresh Garimella, issued a combative statement in which he said the university “vigorously denies the false allegation of an insufficient response to complaints of threats and discrimination.” He also issued a point-by-point refutation of the allegations in the complaint. 

Garimella further charged that the complaint had been orchestrated by “an anonymous third party” that had “painted our community in a patently false light.” In addition to the Brandeis Center, the complaint was filed on behalf of students by the watchdog group Jewish On Campus, whose antisemitism-tracking methodology has been criticized by other groups. 

Garimella’s combativeness at the time was an unusual move for the leader of a university accused of violating Title VI law, which prohibits discriminatory behavior at federally-funded programs or institutions, such as public universities. Groups like the Brandeis Center have increasingly leaned on Title VI in federal complaints to argue that pro-Israel students face discrimination. Title VI cases have become a central component of litigating multiple kinds of Israel discourse on campus, ranging from a pro-Israel student body president being targeted at the University of Southern California to a resolution passed by pro-Palestinian law student groups at the University of California, Berkeley.

In Burlington, where the university is located, some liberal Jews were initially dubious of the complaint. Felicia Kornbluh, a history professor on campus who often teaches American Jewish history, told JTA she was concerned about “playing into the narrative” of a conservative, pro-Israel agenda set by the Brandeis Center, whom she described as “allies of the Trump wing of the Republican party.” (The center’s founder, Kenneth Marcus, served as assistant secretary of education for civil rights under Trump.)

But the complaint also landed in the aftermath of a contentious Burlington city council meeting at which, Kornbluh and others said, pro-Palestinian protesters became hostile to Jews. The meeting featured a council resolution to endorse the Boycott, Divestment, Sanctions campaign against Israel, and resulted in a raucous scene where pro-Palestinian groups shouted down Jewish students singing prayers for peace. Kornbluh described the atmosphere there as “really scary,” and “a little like Nuremberg.” Vermonters for Justice in Palestine, a local activist group, held multiple rallies on campus in support of the administration after the antisemitism complaint was publicized.

Against this backdrop, Garimella’s dismissiveness left the university’s Jewish community frustrated and angry. During a Jewish Telegraphic Agency visit to Burlington after the president’s initial statement, Jewish students and faculty said they felt like university administration was not taking their concerns seriously.

“I feel like we’re not being supported here,” Evan Siegel, a Jewish junior who is involved with student government, told JTA while sitting in off-campus housing adorned with Jewish summer camp memorabilia. “And that sucks.”

Employed as a campus tour guide, Siegel wondered, “How am I supposed to give tours and be like, ‘UVM is the best,’ when my president is being an ass?”

Other Jewish students told JTA at the time they had no intention of supporting the university financially or otherwise after they graduated, and wouldn’t advertise the fact that they were alums.

Matt Vogel, executive director of Hillel at the University of Vermont, where one of the alleged antisemitic incidents had taken place, also reluctantly played a role in the drama of the last year, after hoping he would be able to keep his focus on Hillel’s student programming. As the fall semester was starting, he sent an email home to parents reading, “Antisemitism keeps me awake at night.” Throughout the semester, Hillel also became more active in calling out antisemitism on social media.

“Just by default, we’re at the center of it,” Vogel told JTA last fall in the Hillel building, as student volunteers chopped vegetables for that evening’s Shabbat dinner in the next room. “I’ve overheard a student saying, like, a Hillel sticker on their water bottle might turn into a political conversation about Zionism in the first two seconds.”

Matt Vogel, executive director of Hillel at the University of Vermont, prepares for Shabbat in his Burlington office, October 14, 2022. Vogel praised the university for ultimately resolving its federal antisemitism complaint in April 2023 after months of tension. (Andrew Lapin/Jewish Telegraphic Agency)

Soon, Kornbluh decided that the administration’s response to the allegations was unacceptable, and penned a local op-ed opposing it that was later shared by her faculty union in a show of solidarity.

“I was stunned by the tone and content” of Garimella’s letter, Kornbluh wrote in the piece. Accusing the university of “gaslighting,” she added, “I do know that one persistent rhetorical strategy of antisemites in Europe and the United States has been to say that there is no antisemitism.” 

Garimella reversed course following weeks of criticism, a strongly worded letter from more than a dozen Jewish groups including the Anti-Defamation League and the American Jewish Committee and news of several high-profile antisemitic incidents nationally. In October, the university published a website intended to support Jewish students — accompanied by a new statement from Garimella, who now condemned antisemitism unequivocally.

“I have listened to members of our campus community who experience a sense of risk in fully expressing their Jewish identity,” he wrote. ”I want my message to be clear to the entire campus community: antisemitism, in any form, will not be tolerated at UVM.” 

This time, Garimella pledged not only to investigate individual reports of antisemitism, but also to work to change the campus community’s approach to the issue. He committed to further anti-bias training and building a streamlined bias reporting system for students, and said the university’s diversity office would work to build and maintain “meaningful actions that ensure our Jewish students and community members feel support and care.” 

After Monday’s resolution, Garimella was fully supportive of the findings of the Department of Education’s investigation.

“The resolution reflects an important step in UVM’s engagement with our students, faculty, staff, alumni, and the surrounding community,” he wrote in a message to the campus. “It also reflects numerous conversations we have had with our campus Jewish community and important local and national voices on the consequential and complex issue of antisemitism.” 

In response to a JTA request for comment, a university spokesperson sent copies of the letters from the president and provost. (Throughout the year, the president’s office had declined multiple JTA interview requests.)

Jewish groups, including the university Hillel, celebrated the resolution. “The President and senior leadership’s new statements today represent tangible and accountable steps forward,” Vogel told JTA in a statement. “We hope this ensures that no Jewish student or any student at UVM experiences discrimination or harassment because of their identity.”

The Hillel building at the University of Vermont in Burlington, October 14, 2022. Hillel found itself at the center of a federal antisemitism complaint against the university. (Andrew Lapin/Jewish Telegraphic Agency)

Also celebrating the ruling was Jewish on Campus, a subsidiary of the World Jewish Congress and one of the groups that brought the initial complaint. “Today’s announcement is a victory for the safety and security of Jewish students,” Julia Jassey, the group’s CEO and a University of Chicago undergraduate, said in a statement.

Avi Zatz, the only University of Vermont student on the initial complaint who has made their identity public, is himself an employee of Jewish on Campus. Citing antisemitism in Vermont, Zatz recently transferred to the University of Florida — in a state that may soon pass legislation that, critics say, could harm Jewish studies on all its public campuses.

“I can’t have hoped for a better resolution,” Zatz, a junior, told JTA from his new school in Gainesville, Florida. While he said he was still glad to have left Vermont, he added, “I finally feel a sense of closure.”

Kornbluh, for her part, said the resolution was “a start,” but criticized the university for not voicing a stronger commitment to Jewish studies or meeting with Jewish faculty.

Reached by phone from Madrid, where he is studying abroad this semester, Siegel said he was “proud, determined, ready for more” following the university’s agreement. 

“This resolution was really, in a respectful way, a slap in the face to the university to do better,” he said. “I, for one, am ready to get back on campus and continue my work as hard as I can.”


The post U. of Vermont agrees to improve antisemitism training, ending federal case and capping a tumultuous year 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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