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HomeFeminismA Violent Denial: Combating Silence Round Hamas’ Sexual Violence and Stopping Future...

A Violent Denial: Combating Silence Round Hamas’ Sexual Violence and Stopping Future Warfare Crimes


Combating the silence round Hamas’ sexual violence on and following Oct. 7, an Israeli feminist and the fee she based are working to hunt justice and deal with and stop future struggle crimes.

A member of the family of an Israeli hostage provides a speech in Tel Aviv on March 14, 2024. Members of the family of the 134 Israeli hostages held captive by Hamas within the Gaza Strip for 160 days marched and demonstrated within the streets. (Matan Golan / SOPA Photographs / LightRocket by way of Getty Photographs)

On the morning of Oct. 7, 2023, as Cochav Elkayam-Levy sat by her father’s hospital mattress in Ramat Gan, close to Tel Aviv, Hamas combatants breached the southern Israeli border, killed some 1,200 individuals and took about 240 hostages. Girls, youngsters and the aged weren’t spared.

Two days later, Elkayam-Levy, a postdoctoral fellow within the Leonard Davis Institute Program on Gender, Battle Decision and Peace on the Hebrew College of Jerusalem, returned to the lecture corridor the place she teaches worldwide legislation, human and ladies’s rights and feminist principle. Over the course of that week, pictures and movies from the phobia assault and testimonies of first responders and medical experts streamed in. These included proof of brutal sexual violence and gender-based atrocities.

Because the studies continued to pour in, Elkayam-Levy waited. However to her devastation, the worldwide organizations she trusted most remained uncannily quiet. The United Nations didn’t subject an announcement. No phrases on the horrific sexual violence got here from U.N. Girls, the Conference on the Elimination of All Types of Discrimination In opposition to Girls (CEDAW) or some other committee, division or unbiased knowledgeable she trusted. Half a 12 months later, the Girls’s Alliance for Safety Management nonetheless has not issued an announcement.

Condemnations and requires motion by worldwide organizations just like the U.N. usually arrive swiftly, many inside just some days of such an occasion. But the U.N. Workplace of the Particular Consultant of the Secretary Common on Sexual Violence in Battle didn’t make an official go to till Jan. 29, 2024, and didn’t publish its report till March 4, practically 5 months after the Oct. 7 assault.

Solely by concurrently investigating particular person acts of sexual abuse and mapping potential patterns of these acts will we have the ability to maintain accountable the wartime rapists, in addition to these individuals who allow and shield these male rapists.

Cynthia Enloe, ‘Twelve Feminist Classes of Warfare’

Elkayam-Levy perceived the muted response as a failure to know the complete gravity of the assault. She advised Ms., “I assumed very naively I might do one thing about it, particularly with regard to struggle crimes towards girls.”

On Oct. 15, a mere eight days after the assault, Elkayam-Levy, alongside a small group of volunteers—students versed in worldwide legislation and human rights, and leaders of girls’s advocacy teams—gathered to inaugurate the Civil Fee on October 7 Crimes by Hamas In opposition to Girls and Kids, an unbiased nongovernmental alliance dedicated to meticulously documenting struggle crimes and advocating for justice on behalf of girls, youngsters and households.

The fee’s founding mission was to advance justice by accumulating and offering credible data to worldwide our bodies just like the U.N. and the Worldwide Felony Courtroom.

Their earliest actions included three petitions.

  • The primary was a letter to U.N. establishments, together with U.N. Girls, and different human rights organizations, signed by greater than 160 human rights specialists and legislation professors.
  • The second was one other letter to U.N. Girls signed by practically 70 girls’s rights organizations, condemning the U.N.’s lack of response to the primary letter. The signatories demanded unequivocal condemnation of the Hamas assault and quick motion to mediate the discharge of hostages.
  • The third was a civil petition signed by 1000’s of girls addressed to the U.N., U.N. Girls, the Committee on the Rights of the Little one, the U.N. Working Group on Discrimination In opposition to Girls and Ladies, and a number of U.N. particular rapporteurs. It collected and summarized all accessible data; detailed the preliminary authorized grounds for prosecution by worldwide courts for struggle crimes, crimes towards humanity and genocide; and urged quick condemnation of the terrorists and motion in help of victims and hostages. The petition has been signed by greater than 3,500 individuals, together with worldwide authorized and human rights specialists, and was submitted to the U.N. by Elkayam-Levy personally and formally.

The petitions weren’t acknowledged, even after Elkayam-Levy delivered remarks to the Committee on CEDAW on the pressing want for the worldwide neighborhood’s response.

Worldwide authorized and human rights knowledgeable Jacqui True, named one of many 100 most influential individuals in gender coverage for her work on gender-based violence, was CC’ed on the e-mail. She “replied all” to request the addition of her title on the report and to induce motion. Nonetheless, there was no response.

Elkayam-Levy mentioned she felt a deep shock together with a way of being remoted and deserted by the establishments she believed in. The silence was incomprehensible to her. As she defined to Ms., whereas a lot of her colleagues had lengthy been cynical of the U.N., she herself was not. Till then.

“It’s one thing that’s onerous to grasp, onerous to grasp,” she mentioned. “I by no means imagined these organizations denying it or these [organizations] not providing assist to doc this, to information us by means of what we must always do—find out how to assist survivors, find out how to assist the victims.”

Elkayam-Levy skilled the silence as a violent denial, as if Oct. 7 had been wiped from time. The identical denial that often accompanies particular person claims of sexual violence, she mentioned, was inflicted collectively on the victims of the assault—and never by the standard suspects, however by the very establishments erected to eradicate conflict-related sexual violence.

If worldwide legislation wouldn’t shield or help victims of struggle crimes—a failure, Elkayam-Levy emphasised, that needs to be worrying to different nations and different survivors—who would?

Cochav Elkayam-Levy meets with Belgian Prime Minister Alexander De Croo and Spanish Prime Minister Pedro Sanchez in Jerusalem on Nov. 23, 2023. (Nicolas Maeterlinck / Belga / AFP by way of Getty Photographs)

This weighty realization led Elkayam-Levy and her group to cease pondering that their mission was to solicit motion and help from the U.N. Their mission shifted radically to doing the work themselves. The Civil Fee was reorganized round three important items:

  • an intensive archive to doc atrocities,
  • a global legislation division composed of authorized specialists and worldwide rights organizations, and
  • a worldwide coverage division to develop strategic approaches to handle and stop future struggle crimes.

Along with devoting her energies to the group and staffing of the fee, Elkayam-Levy discovered herself answering calls to talk to the occasions of Oct. 7 and its aftermath.

In December, she visited the U.S. with a delegation of future girls leaders from Israel. She gave testimony at Harvard College, spoke at a protest exterior the U.N. in Washington, D.C., and was invited to satisfy with White Home officers. Afterward, she agreed to talk with anybody who would pay attention—from CNN to varied podcasts. It’s largely due to Elkayam-Levy’s persistence that the U.N. lastly visited Israel and located “affordable grounds” to consider that Hamas had dedicated struggle crimes, together with conflict-related sexual violence in Israel and on hostages in Gaza.

In accordance with one among her shut associates (who requested to stay nameless), a number of feminist students turned down requests for interviews with Elkayam-Levy and her touring companions as a result of they didn’t need to view the collected supplies or they didn’t need to speak publicly as a result of deep polarization over the standing of the Palestinian territories and Israel’s response to the assault. This affiliate described Elkayam-Levy as brave for talking out when nobody else would on the time.

In March, Elkayam-Levy acquired a telephone name from Israel’s minister of training. To her shock, the minister advised her that she was to be awarded the distinguished Israel Prize for Solidarity for “her dedication to elevating consciousness each nationally and internationally, [and] establishing a civilian fee to guard human and ladies’s rights.”

The general public announcement was met with public denouncements. Elkayam-Levy was accused of inaccurate analysis, flawed methodologies, opportunism and propagandism, in addition to trying to forestall the go to by the U.N. secretary normal’s envoy—although such an inquiry was what she had vocally solicited on the worldwide stage since October. Two of the examples of sexual violence she shared in a number of interviews have been discovered to be unfaithful, and this was introduced by her harshest critics as proof of fraudulent Israeli propaganda. Particularly “damning” was her familial relationship to an uncle who serves on the cupboard of Israeli Prime Minister Benjamin Netanyahu—a cupboard she has loudly and vigorously opposed since its institution in December 2022.

As an activist organizer and a authorized, human rights and feminist scholar, Elkayam-Levy was caught between competing calls for. As a scholar, she wanted time to gather, confirm and consider info, however as an activist and advocate, she felt an ethical crucial to talk out. She describes the challenges she confronted as “past me,” however she however responded to each conflicting appeals. The urgency of the disaster and the horrific proof she collected compelled her to talk, and she or he insists she spoke primarily based on the standing of the data that she had. Motion is all the time a danger, requiring selections in a milieu of partial ignorance, however the necessity of motion within the face of injustice is one among feminism’s core beliefs.

Previous to Oct. 7, Elkayam-Levy was actively concerned in motion constructing and authorized advocacy for ladies’s rights in Israel. As an adviser to the Nationwide Safety Council, for instance, she led the event of presidency tips that integrated gender pondering when formulating suggestions for nationwide coverage in emergency and disaster conditions. The 2022 report “Gender Mainstreaming Throughout Emergencies” was adopted in a historic authorities decision requiring elevated illustration of girls in decision-making positions and consideration of the impression of insurance policies on ladies and men from totally different populations.

After the institution of the thirty seventh authorities of Israel in late 2022, Elkayam-Levy emerged as a staunch critic of Netanyahu’s assault on girls’s rights in Israel, organizing protests and writing public statements and studies. She co-wrote a place paper on the violation of girls’s rights following the regime change. The report criticized Netanyahu’s proposed retreat from the Istanbul Conference, a strong device for addressing violence towards girls and home violence; the subordination of girls’s rights to political and non secular fundamentalist extremists; the restriction of girls’s freedom of costume, motion and affiliation; the abolishment of authorized protections; the exclusion of girls from decision- making positions; gender segregation; and ethnonational segregation between Arabs and Jews. The report emphasised the good hurt to all Israeli girls, however particularly Arab-Israeli girls.

The Civil Fee is deeply dedicated to revealing the reality of what occurred on Oct. 7. Its director of archives and documentation, Elinor Kroitoru, shared with Ms. the complicated challenges it faces. “It appears like a historic mission,” she mentioned, “however it’s a dwell scenario through which day-after-day extra is popping out. All the things continues to be occurring.”

In response to criticisms relating to the debunked examples shared by Elkayam-Levy, Kroitoru insists on the significance of context. To start with, she identified, it was very simple to make errors due to the onslaught of digitally born supplies in a disaster scenario. Six months later, the Civil Fee is healthier organized and extra methodical, partnering with a number of tech firms, for instance, to authenticate, catalog and securely home supplies. It has employed a group of forensic specialists and is constructing methodologies that shall be efficient and protected.

One of many largest challenges, in response to Kroitoru, has been balancing the wants of the undertaking with the psychological well being of the volunteers, conducting the investigation. Protecting tips have been put in place when the fee first began documenting the atrocities. To reduce the psychological impression of the supplies on the archivists, the work was temporally restricted, performed in rotations and practiced in groups. Kroitoru is now constructing on these strategies by exploring the usage of AI within the preliminary cataloging, and hiring resilient and skilled human catalogers who can keep the course.

When Elkayam-Levy spoke with Ms., she prefaced the interview by acknowledging the complexity of the scenario. The political context of Israel beneath Netanyahu, the long-standing ethnonational battle between Israelis and Palestinians, and the rising diminishment of girls’s rights in Israel and world wide all preceded Oct. 7 and contribute to the challenges confronted by advocates for justice for ladies at this time.

Within the extremely polarized political and media panorama, claims of rape have attracted unusual pals and unfamiliar foes. Conservative media retailers, political pundits and leaders—none of whom, as one may put it, ever gave a fig about girls’s rights earlier than—have fixed on to and sensationalized rape and sexual violence to criticize the left for his or her silence and to justify struggle.

In response, many progressives have loudly denounced or quietly downplayed claims of rape and brutal assaults towards girls, youngsters and households as Israeli propaganda meant to justify genocide. Each characterizations weaponize the sexual violence on Oct. 7 and undermine justice for victims of conflict-related sexual violence throughout all borders—previous, current and future.

The verification of the gender-based violence on Oct. 7 has been made tougher by worldwide investigators’ lack of entry and Israeli investigators’ lack of overseas help. Whereas Israel has allowed entrance to journalists and worldwide organizations, authorities authorities have restricted entry.

In accordance with Belkis Wille of Human Rights Watch, who spent three weeks in Israel following the assault, Israeli authorities sophisticated the group’s investigation by not responding to requests to journey to impacted communities or interview personnel who arrived first on the varied scenes of violence. The state’s hindrance of investigative processes by unbiased organizations solely stokes the skepticism and criticism of Israel’s alleged “propaganda marketing campaign.”

It would possible be years earlier than we’ve a greater sense of what occurred on Oct. 7 and what justice may seem like. Regardless of the positive factors in worldwide recognition and techniques of justice that ladies have fought so onerous to ascertain over the previous 30 years, starting with Yugoslavia and Rwanda, none of these techniques of recognition and help can be found to the ladies in Israel who’re advocating for justice. The assets and information on which any future justice shall be primarily based should first be collected, verified and arranged.

That is the bottom that Elkayam-Levy is making an attempt to ascertain along with her unbiased, nongovernmental Civil Fee—the bottom for international recognition, unbiased inquiries, worldwide prosecution and new international insurance policies.

Feminist classes of struggle are traumatically and infrequently fatally tough to come back by. In her 2023 e-book, Twelve Feminist Classes of Warfare, Cynthia Enloe provides an inventory that features “girls’s wars usually are not males’s wars,” “wounds are gendered” and “feminists arrange whereas struggle is raging.” She declares that “feminist classes are for everybody.”

Cochav Elkayam-Levy continues to be determining the feminist classes to be discovered from the Oct. 7 assault. As she has come to just accept, this shall be her life’s work.

This story initially appeared within the Summer season 2024 subject of Ms. journal. Be part of the Ms. neighborhood at this time and also you’ll get the Summer season subject delivered straight to your mailbox.

Up subsequent:

U.S. democracy is at a harmful inflection level—from the demise of abortion rights, to an absence of pay fairness and parental depart, to skyrocketing maternal mortality, and assaults on trans well being. Left unchecked, these crises will result in wider gaps in political participation and illustration. For 50 years, Ms. has been forging feminist journalism—reporting, rebelling and truth-telling from the front-lines, championing the Equal Rights Modification, and centering the tales of these most impacted. With all that’s at stake for equality, we’re redoubling our dedication for the subsequent 50 years. In flip, we want your assist, Help Ms. at this time with a donation—any quantity that’s significant to you. For as little as $5 every month, you’ll obtain the print journal together with our e-newsletters, motion alerts, and invites to Ms. Studios occasions and podcasts. We’re grateful on your loyalty and ferocity.



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