INTERNACIONAL
Hamas Oct 7 massacre has legal scholars creating new war crime category
FIRST ON FOX — Israeli scholars and international legal experts have determined a new type of war crime that was committed by the Iranian-backed terror group Hamas during its brutal Oct. 7 attacks on southern Israel: «kinocide,» the deliberate weaponization or destruction of families.
Eight months after the attack in which more than 1,200 people were murdered and about 250 taken hostage to the Gaza Strip, researchers are piecing together evidence that the Palestinian terror organization perpetrated horrific crimes specifically terrorizing families on kibbutz and other civilian communities in Israel.
And much of it was captured on film by the terrorists themselves, say those documenting all the evidence.
«We have been building the case of war crimes committed on Oct. 7 and have been exposed to very, very traumatic material, especially against women and children,» Cochav Elkayam Levy, an international law, human rights and gender expert from the Hebrew University in Jerusalem, told Fox News Digital.
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This image from undated bodycam video footage taken by a downed Hamas terrorist and released by the Israel Defense Forces shows a Hamas terrorist walking around a residential neighborhood at an undisclosed location in southern Israel on Oct. 7. (Israel Defense Forces via AP)
Elkayam Levy, who was interviewed for the first time on this topic, said that going through all the videos filmed by Hamas using go-pro cameras and cellphones, «[T]he hardest crime to document and witness is to see women and children who are the most vulnerable.»
«The most difficult videos that we have collected in our archives are those of families when terrorists entered their homes, the parents are terrified and the children are screaming,» she said, describing one video clip taken just after the eldest daughter of one of the families has just been murdered by the terrorists and the mother is trying to console her other children by telling them that it did not happen.
«It is truly heartbreaking, and we are seeing only a fraction of what they went through for hours and hours, with some of them then taken hostage,» said Elkayam Levy, who has also been at the forefront of documenting some of the most horrific crimes – including extreme sexual violence – carried out by Hamas on that day.
An aerial picture shows the site of the weekend attack on the Supernova desert music festival by Hamas terrorists near Kibbutz Reim in the Negev desert in southern Israel on October 10, 2023. (Jack Guez/AFP)
After reviewing hours of footage, the law professor told Fox News Digital that she realized there are no appropriate definitions in international law that capture this type of human suffering, meaning the perpetrators cannot be tried for systematically targeting families.
«We decided to take it upon ourselves to document the unique harm that was caused to families or the weaponization of families,» Elkayam Levy said, adding that her team has also been researching similar atrocities targeting families from conflicts worldwide.
The targeting of families in wartime is not a new phenomenon. In the genocide carried out during the 1994 civil war in Rwanda, extremist elements of the African country’s majority Hutu population targeted families in the minority Tutsi population. In Bosnia and Herzegovina, also in the mid-1990s, families were specifically attacked, and even during the Holocaust in World War II, the Nazis separated families as they sent Jews to labor and concentration camps.
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A bloodied handprint stains a wall in a Nir Oz house after Hamas terrorists attacked this kibbutz days earlier near the border of Gaza. (Alexi J. Rosenfeld/Getty Images)
However, what stands out in the Hamas attack, Elkayam Levy pointed out, is that the thousands of terrorists who infiltrated into Israel on Oct. 7 filmed their actions, not only enhancing the psychological terror of their crimes but also providing researchers, like her – and law enforcers – with clear evidence of their actions.
While many videos from that day were immediately uploaded to social media, with the terrorists even using the victim’s cellphones to broadcast their murders live to relatives, eight months later, new footage continues to surface.
Last week, Israeli news outlet Keshet 12 News broadcast for the first time an emergency call made by Sharon Aloni Cunio, 36, as terrorists set her family’s home on Kibbutz Nir Oz on fire. In the audio, Aloni Cunio can be heard coughing as she tells the dispatcher that her home is on fire and that the terrorists were outside. The smoke, she says, is suffocating. In the background, one of Aloni Cunio’s 3-year-old twins can be heard screaming: «Mommy, don’t die.»
Hamas terrorists killed civilians, including women, children and the elderly, when they attacked Israel on Oct. 7. (Israel Defense Forces via AP)
Aloni Cunio, along with her husband, David, their 3-year-old daughters, Emma and Yuli, as well as her sister, Danielle, and her 6-year-old daughter, Amelia, were all kidnapped by Hamas to Gaza.
Sharon, who turned down a Fox News Digital request for an interview, Danielle and the three children were all released in a weeklong cease-fire last November. Meanwhile, David Cunio remains a hostage along with some 120 other people, many of whom are now assumed to be dead.
Elkayam Levy said that this was just one of a string of similar stories where families specifically were violently attacked by the terrorists in their homes and then either murdered or kidnapped.
Charred debris and objects are scattered inside a building in Alumim, following the Oct. 7 attack by Hamas terrorists in southern Israel near the Gaza Strip, on October 18, 2023. (GIL COHEN-MAGEN/AFP via Getty Images)
«You have to understand that family members were murdered in front of one another, parents were murdered in front of their children and children were murdered in front of their parents,» she said, «families were separated, and some remain separated with fathers left behind in captivity.»
«What we are seeing is a new crime against humanity,» Elkayam Levy said, adding, however, that every mass atrocity brings with it a lesson for humanity.
«Kinocide» – a play on the word «kin,» meaning relative, and ‘ocide,’ referring to genocide or intentional destruction of a people in whole or in part – was coined by Elkayam Levy and her team as they worked through all the evidence from Oct. 7 and noticed a systematic «weaponization of the family unit» by Hamas.
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A terrorist from Hamas takes part in a military parade to mark the anniversary of the 2014 war with Israel, near the border in the central Gaza Strip on July 19, 2023. (Reuters/Ibraheem Abu Mustafa/File Photo)
Now, she has now teamed up with professor Irwin Cotler, the international chair of the Raoul Wallenberg Center for Human Rights, to find a way for this type of war crime to be recognized in international humanitarian law circles.
In an interview, Cotler, a former minister of justice and attorney general of Canada as well as an expert in international law, told Fox News Digital that three possible steps could be taken in order for «kinocide» to become an officially recognized term, not only as it relates to the Hamas attack but also applicable to any such atrocities anywhere.
«Firstly, we need to raise public awareness of the notion itself,» he said, noting that as well as writing about it in the media, he plans to raise the matter with other scholars in international humanitarian law at an annual meeting at the Raoul Wallenberg Center, a Canadian NGO, this summer.
Another step, Cotler said, would be to amend the Rome Statute, the treaty that established the International Criminal Court, who’s chief prosecutor recently announced he would be seeking arrest warrants for both Hamas and Israeli leaders for committing war crimes on Oct. 7 and during the ensuing war.
A general view of the International Criminal Court building in The Hague, Netherlands, on April 30, 2024. (Selman Aksunger/Anadolu via Getty Images)
«To amend the Rome Statute would be difficult,» Cotler said. «However, the statute does contain a reference to ‘other inhumane acts,’ and ‘kinocide’ could be included in there; it would not be a new crime but would be recognized within the framework of existing war crimes.»
Incorporating «kinocide» as other inhumane acts, he said would allow the court to prosecute for war crimes that specifically target the family unit.
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Cotler also said it might be possible to get a country with universal jurisdiction law, such as Canada, to «amend its own statute,» setting a precedent in international law for this type of crime.
«Certainly, the public awareness goal can be achieved. The other two will depend on the initiative of a national prosecutorial authority and the international prosecutors authority at the ICC,» he said. «There is a general reluctance to do this, but I still think it’s worth trying to bring this about.»
INTERNACIONAL
Netanyahu slams ‘terrorist-supporting’ UN council that accused Israel of committing sexual crimes
The United Nations Human Rights Council (UNHRC) is facing intense backlash from Israel over its report accusing Israel of employing sexual violence against Palestinians since October 2023. The report, entitled «’More than a human can bear’: Israel’s systematic use of sexual, reproductive and other forms of gender-based violence since October 2023» contains serious allegations against the Jewish state.
Israeli Prime Minister Benjamin Netanyahu released a statement on the report, calling the UNHRC «an antisemitic, corrupt, terrorist-supporting and irrelevant body.»
«Instead of focusing on crimes against humanity and the war crimes committed by the Hamas terrorist organization during the worst massacre against the Jewish people since the Holocaust, the UN once again chooses to attack the State of Israel with false accusations, including outrageous and baseless allegations of sexual violence. This is not a Human Rights Council – it is a Blood Rights Council,» Prime Minister Netanyahu said in a statement.
Israeli Prime Minister Benjamin Netanyahu speaks during a press conference in Jerusalem on December 9, 2024. (MAYA ALLERUZZO/POOL/AFP via Getty Images)
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Multiple Israeli officials said the report constituted a «blood libel» and said it ignored the acts of sexual violence on Oct. 7.
US Ambassador Designate to the United Nations Elise Stefanik also condemned the «baseless report» as «antisemitic and anti-Israel slander.»
«The so-called ‘Human Rights Council’ has failed to condemn the barbaric atrocities committed by Hamas terrorists against Israel including the brutal slaughter, torture, kidnapping of thousands of innocent civilians, and Hamas’ horrific use of rape and sexual violence against Israeli women and girls, yet disgracefully attacks Israel with unfounded smears,» Stefanik said in a statement.
Additionally, Israeli U.N. Ambassador Danny Danon called the report «another vile and distorted document from the UN.»
«This report is not even worth the paper it was printed on. Anyone who supported this false publication is complicit in whitewashing Hamas’ war crimes and trampling on the truth,» Danon said in a statement. «The UN is busy looking for ways to blame Israel instead of facing reality. History will judge you.»
Israeli Permanent Member to the United Nations Danny Danon speaks during a session of the Security Council at the New York City headquarters. (Israel United Nations mission)
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UNWatch Executive Director Hillel Neuer told Fox News Digital, «the U.N. inquiry is as objective as a Stalinist show trial, and that’s why they completely twisted the facts to falsely accuse Israel of the crimes that Hamas actually committed.»
The report documents a wide range of alleged abuses by Israeli troops, which it calls the Israel Security Forces (ISF), rather than the Israel Defense Forces (IDF), the military’s actual name in both Hebrew and English. The report also condemned how Israel was carrying out the war, saying that the destruction led to «disproportionate violence against women and children.»
Additionally, there are complaints in the report of forced public stripping. However, Israel has said that this is necessary to ensure detainees are not hiding explosives. Former IDF Spokesperson Lt. Col. Jonathan Conricus was quoted in the report as saying this in a 2023 CNN interview. Even the report acknowledges that «strip-searches for security justifications are not unlawful,» but claims that Israel’s process was not up to international standards.
A view of the United Nations Headquarters building in New York City, United States on July 16, 2024. (Jakub Porzycki/NurPhoto via Getty Images)
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Chair of the Commission Navi Pillay condemned the «deplorable increase in sexual and gender-based violence.» She also says that Israel uses sexual violence to «terrorize» Palestinians and to create «a system of oppression that undermines their right to self-determination.»
«For decades, the head of the Inquiry, Navi Pillay, has been the world’s leading champion of the 2001 UN ‘Durban Declaration’ slander that a Jewish state is a racist state. Inquiry members have referred to the ‘Jewish lobby’ controlling social media and then complained that antisemitism is ‘always raised as a diversion,’» Anne Bayefsky, Director of the Touro Institute on Human Rights and the Holocaust and President of Human Rights Voices told Fox News Digital.
The commission claims that sexual violence, including rape, is part of the IDF’s «standard operating procedures towards Palestinians.»
Bayefsky alleges the commission «ignored hundreds of thousands of submissions which challenged their conclusions… They have also refused to hear testimony from NGOs that would have contradicted the veracity of their pre-determined end product.»
«The Independent International Commission of Inquiry is an independent body mandated by the Human Rights Council, over which the secretary-general has no authority,» Secretary-General António Guterres’ spokesperson Stéphane Dujarric told Fox News Digital. «The secretary-general has spoken out repeatedly at the horrors we have seen in this conflict. He continues to be deeply alarmed by the humanitarian situation in Gaza and reiterates his call for all parties to respect international humanitarian law and international human rights law. He underlines that there needs to be accountability.»
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