Israel Prepares for the Possibility of Pregnancies in Women Hostages Raped by Hamas

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On October 7, Hamas terrorists launched a multi-front attack on Israel, penetrating into Israeli communities, and abducting civilians. The attack was marked by its brutality, including the slaughter of Israelis in their homes and streets.

The Israeli military reported at least 203 people were abducted by Hamas and brought to Gaza, including several German citizens. During the attack, more than 300 Israelis were killed, and at least 1,590 were injured.

The October 7 Massacre: A Harrowing Account of Brutality and Inhumanity

On October 7, a horrifying event unfolded, leaving an indelible mark on the collective memory of a nation. Hamas terrorists, driven by a chilling agenda, perpetrated a massacre characterized by its sheer brutality and scale. The events of that day were not just acts of terrorism but a descent into barbarity that defies comprehension.

The massacre indiscriminately targeted innocents of all ages, sparing no one. Elderly men, women, children, and even infants were subjected to the most unspeakable acts of violence. They were burned alive, dismembered, and taken hostage in a relentless display of cruelty. The horror did not stop there; acts of rape and extreme sexual and gender violence were reported, adding a sinister dimension to an already appalling tragedy.

Defense Minister Yoav Galant, in recent weeks, revealed disturbing findings based on the interrogation of captured terrorists and intelligence reports. These findings suggest that the sexual crimes committed during the massacre were not random acts of violence that spiraled out of control. Instead, they were a calculated and planned part of the attack, carried out with deliberate intent and following specific instructions.

The intertwining of racial and gender-based violence is a dark thread in human history, often manifesting during times of conflict. Women, in particular, face a dual threat in such situations. They are targeted not only because of their gender but also for their nationality. Sexual violence in wartime takes on a more strategic role, used as a tool to achieve military objectives and to symbolically assault the identity and integrity of the enemy.

Dr. Naomi Halbert-Landau, an academic from Ono Academic College, has explored this intersection of sexual violence and genocide. Her research, including interviews with Yazidi women who suffered under ISIS, draws parallels between the Yazidi genocide and the events near Gaza. She stops short of labeling the October 7 massacre as genocide but underscores its similarities to genocidal acts, especially in the systematic use of sexual violence as a weapon.

The patterns observed in the massacre are chillingly methodical. Gang rape, a tactic often employed in genocidal contexts, was prevalent. Deputy Inspector Moshe Pinchi of the police Media Relations Department recounted witness testimonies of gang rapes, where victims were passed among the perpetrators in a macabre display of dominance and humiliation.

Further adding to the horror were acts of mutilation and desecration of bodies. Testimonies from the scene paint a gruesome picture of charred bodies, some so badly mutilated that their gender was indiscernible. This brutality, reminiscent of the atrocities committed by the Nazis, has led to a comprehensive nationwide investigation, involving multiple agencies like the Israel Security Agency (ISA) and the Israel Defense Forces (IDF).

The investigation, still ongoing, has gathered thousands of testimonies, with evidence pointing not only to the physical violence but also to the sexual crimes committed. These testimonies, including those from ZAKA personnel who recovered the bodies, highlight a disturbing pattern of sexual assault and abuse.

Chaim Otmazgin, a commander of the special ZAKA units, shared his observations, which further corroborate the scale of the sexual crimes committed. Naked and abused bodies were found separate from other family members, a grim testament to the widespread sexual violence that occurred. The pattern of separating and assaulting women and men was recurrent, indicating a systematic approach to these heinous acts.

The trauma inflicted on the survivors and the community is profound and far-reaching. Orit Soliciano, CEO of the Association of Rape Crisis Centers, spoke about the challenges in dealing with such extreme trauma. The victims, who also have to cope with the loss of loved ones and the destruction of their homes, are at the beginning of a long and painful journey of healing. This process is reminiscent of the decades it took for Holocaust survivors to speak about their experiences, including the sexual abuse they suffered.

The October 7 massacre stands as a stark reminder of the depths of inhumanity that can be reached in times of conflict. It is a call to the global community to recognize and address the use of sexual violence as a weapon of war and to ensure that such atrocities are not repeated.

The meticulous documentation of these crimes, akin to the recording of Nazi atrocities, serves not only as a record for history but also as a solemn vow to remember and to seek justice for the victims of this unspeakable tragedy.

Unveiling the Truth Amidst Claims and Counterclaims

Despite mounting evidence and testimonies, Hamas has staunchly denied any involvement in the use of sexual violence during the October 7 massacre. They have countered these accusations by alleging that Israel is using these claims to divert attention from its own actions in Gaza, where significant civilian casualties have been reported. This defensive stance from Hamas has been met with skepticism and criticism, particularly from international human rights organizations.

However, there was a noticeable delay in the response from these international bodies. It took almost two months for them to formally acknowledge and condemn the sexual violence reported during the massacre. This delay has raised questions about the international community’s willingness to address such heinous crimes promptly and effectively.

Carly Pildis, the director of community engagement at the Anti-Defamation League, has been vocal about the evidence of sexual violence perpetrated on October 7. The Anti-Defamation League, known for its work in combating antisemitism and extremism, has taken a firm stand on this issue. Pildis emphasized the gravity of the situation, stating that the evidence is “overwhelming and irrefutable.” The physical injuries sustained by the victims – broken pelvises, mutilated genitals, and other signs of brutalization – alongside the harrowing eyewitness accounts of gang rape, torture, and murder, paint a disturbing picture of the atrocities committed.

Pildis also pointed out a troubling trend in the international community’s reaction to these events. There seems to be a reluctance or hesitation to believe the accounts of Israeli women who suffered during the massacre. She highlighted the contradiction in the current social ethos of believing all women, noting that this principle was quickly abandoned when it came to Israeli victims. Pildis attributes this inconsistency to ingrained antisemitism and bias, suggesting that these prejudices are influencing people’s perceptions and reactions to the testimonies of the victims.

This situation underscores a broader issue in the international discourse on human rights and violence against women. It raises important questions about the influence of political and cultural biases in acknowledging and addressing crimes of sexual violence, particularly in conflict zones. The case of the October 7 massacre serves as a stark reminder of the need for an unbiased and prompt response to such atrocities, ensuring that the voices of all victims are heard and justice is sought irrespective of political narratives or affiliations.

Hostage Situation

Among the hostages, there are reports of extensive mistreatment, including psychological and sexual abuse. The conditions of captivity were extreme, with instances of hostages being held in total darkness, leading to severe psychological trauma.

The use of drugs to control hostages, particularly children and adolescents, was also reported. These drugs included sedatives like benzodiazepines and dissociative anesthetics like ketamine.


TABLE 1 – Detailed Report on Sexual Assault and Rape during the Hamas Attack on October 7

On October 7, during an attack by Hamas, several individuals were abducted into Gaza. These hostages were reportedly subjected to a range of abuses, including being drugged and experiencing psychological and sexual assault.

Medical and Psychological Impact

  • Drugging of Hostages: According to reports, hostages were drugged to keep them docile, with suspected use of benzodiazepines, a class of depressants, and in one reported case, ketamine, a powerful dissociative anesthetic.
  • Psychological Trauma: Renana Eitan, Director of the Psychiatric Division at Tel Aviv’s Ichilov Medical Centre, noted unprecedented levels of trauma among the hostages. Symptoms included psychosis, hallucinations, self-harm, and suicidal thoughts.
  • Sexual Assault and Rape: There have been multiple accounts of rape and sexual assault. A doctor who treated some of the released hostages reported that at least 10 individuals, both men and women, were sexually assaulted or abused.

Victim Accounts

  • Chen Goldstein-Almog’s Testimony: Goldstein-Almog, a former hostage, reported meeting three hostages who disclosed they were sexually assaulted by their captors. She also heard about a fourth similar case. These accounts indicate physical injuries as well as sexual abuse.

Gender and Nature of Abuse

  • The victims of these abuses include both male and female hostages, highlighting the indiscriminate nature of the sexual violence perpetrated.
  • The sexual abuse varied in its nature, from assault to potentially rape, but consistent reports indicate a pattern of severe and systemic abuse.

In recent months, a deeply distressing scenario has emerged in Israel, drawing the attention of both the medical community and wider society. The focus is on the potential for Israeli women, taken hostage and raped by members of Hamas, to have become pregnant as a result of these brutal acts.

“I’ve never seen anything like that” in 20 years of treating trauma victims, says Renana Eitan, director of the psychiatric division of Tel Aviv’s Ichilov Medical Centre.

“The physical, the sexual, the mental, the psychological abuse of these hostages that came back is just terrible,” she adds. “We have to rewrite the textbook.”

The Context of the Conflict and Its Consequences

As Israel marks the 100th day since the Hamas massacre, the situation remains dire for the 136 hostages still held by Hamas terrorists in the Gaza Strip. Among these hostages are women, now enveloped in a profound state of distress and concern. The issue, which has not been sufficiently discussed, is grave.

Reports from October 7th paint a horrifying picture, indicating that the terrorists committed heinous acts of rape. Furthermore, testimonies from some of the hostages who have been returned suggest that the women endured sexual harassment and possibly rape while in captivity.

These alarming assessments have spurred gynecologists in Israel to engage in serious internal discussions over the past few weeks. The focus of these discussions is the harrowing possibility that the captives have been raped and may have been pregnant for several weeks. This situation not only poses immediate medical concerns but also raises complex psychological and ethical issues that need to be addressed with utmost care and sensitivity.

Addressing the Immediate and Long-term Impacts

The Israeli medical community’s response to this situation involves preparing for the physical and psychological care of these women upon their return. The potential pregnancies resulting from such traumatic circumstances require a multidisciplinary approach, involving obstetricians, gynecologists, mental health professionals, and legal experts, among others.

The Israeli healthcare system, known for its advanced medical care and liberal stance on reproductive rights, faces the challenge of providing comprehensive care that addresses both the physical and psychological trauma of these victims. This includes not only medical treatment and possible pregnancy terminations but also long-term psychological support to help these women and their families cope with the aftermath of such profound trauma.

The Broader Implications

This situation also casts a spotlight on the broader implications of conflict and captivity. It underscores the need for international attention and intervention in addressing the human rights violations and the physical and psychological toll of such conflicts. The plight of these women is a stark reminder of the often-overlooked human cost of protracted conflicts and the importance of prioritizing the well-being and dignity of all individuals affected by such crises.

Israel’s Medical Response

In Israel, where abortion is legal, intense discussions within the medical community have developed on how to handle the return of hostages who might be pregnant as a result of rapes. Hospitals across the country are gearing up for this scenario, with gynecologists and other healthcare professionals discussing the best approach to take.

Israel’s Abortion Law

In Israel, abortion is permitted until the moment of birth. Local laws allow termination of pregnancy up to the 24th week through regular abortion committees. Beyond this period, abortions are overseen by special committees that consider complex cases, including pregnancies resulting from rape.

Pregnancy Risks in Captivity

Pregnancy under these conditions presents significant risks. Stress, poor hygienic conditions, and the absence of medical care in the Gaza Strip amplify the dangers to both the mother and fetus’s health. Additionally, pregnancy in a state of specific immunosuppression increases the risk of serious infections.

The Psychological Trauma

The psychological trauma faced by hostages, particularly those who may be pregnant due to rape by terrorists, is a critical concern in Israel. The emotional aftermath of such traumatic events is profound and unimaginably challenging, not only for the victims but also for their families.

Unfortunately, Israel’s mental health system is currently under significant strain, grappling with resource shortages, long waiting times, and insufficient services to meet the needs of the entire population requiring support.

This situation is further exacerbated by the recent attacks, which have left many in need of urgent mental health support. Health-care providers in Israel are working tirelessly to respond to the enormous needs of their patients, including those who have witnessed traumatic events and are haunted by these memories. Over 200 Israeli hostages, including women, children, and older people, some with pre-existing health conditions, remain in captivity, compounding the mental health crisis. The need for immediate and comprehensive mental health care is critical, highlighting the necessity for an enhanced response to support those affected by these tragic events​​.


TABLE 2 – Detailed Medical Report: Psychological Trauma in Hostages and Rape Victims

Immediate Psychological Response

Acute Stress Disorder:

  • Symptoms: Includes dissociation, anxiety, numbing, and reliving the traumatic event.
  • Occurrence: Typically arises immediately after the trauma.
  • Duration: Can be a precursor to PTSD if symptoms persist.

Post-Traumatic Stress Disorder (PTSD):

  • Characteristics: Manifests through flashbacks, nightmares, severe anxiety, and uncontrollable thoughts about the traumatic event.
  • Prevalence: Common in hostages and rape victims.

Long-Term Psychological Effects

Chronic PTSD, Depression, and Anxiety Disorders:

  • Impact: These can severely impair daily functioning and quality of life.
  • Treatment: Often requires long-term psychological therapy and, in some cases, medication.

Complex PTSD:

  • Relevance: Particularly pertinent in cases of prolonged trauma such as captivity or repeated abuse.
  • Symptoms: Includes emotional dysregulation, distrust, and difficulties in relationships.

Pregnancy as a Result of Rape

Psychological Impact:

  • Emotions: Victims may struggle with guilt, shame, anger, and fear.
  • Trauma Reminder: The pregnancy can continuously remind the victim of the traumatic event.

Decision-Making Challenges:

  • Complexity: Decisions about the pregnancy can be complicated by the trauma and societal pressures.

Historical Precedents and Comparisons

Conflict Zones:

  • Examples: Rwandan Genocide (1994): This genocide resulted in the mass murder of Tutsi, moderate Hutu, and Twa. Survivors often experienced severe psychological trauma, including PTSD, depression, and anxiety disorders. The societal impact was profound, disrupting social cohesion and economic stability. Many survivors faced challenges in reintegrating into communities, often due to stigmatization and trauma.
  • Yugoslav Wars (1991-2001): These conflicts encompassed a series of ethnic conflicts, wars of independence, and insurgencies. Survivors, especially victims of sexual violence, suffered from long-term psychological effects. Issues like PTSD, depression, and complex PTSD were common. These mental health challenges hindered social integration and economic participation, impacting the broader post-war reconstruction and reconciliation efforts.

Recommendations for Care

Immediate Psychological Support: Essential to start as soon as possible post-trauma.

Long-Term Mental Health Care: Necessary for addressing chronic conditions and aiding coping strategies.

Social Support Systems: Critical for recovery and reintegration.

Ethical and Social Considerations

Stigmatization: Survivors may face societal stigma, impacting mental health and reintegration.

Legal and Ethical Support: Protecting the rights and dignity of survivors is paramount.


Preparation by Medical Professionals

Medical teams in Israel are preparing for this scenario. Although the medical aspect of pregnancy termination is well established, the focus is on the necessary psychological support for women who have experienced such trauma.

The International Community and the Right to Intervene

The case also raises ethical and legal questions about the responsibility of the international community. Experts like Professor Hagai Levine have expressed the need for international interventions to ensure the safety and well-being of these women. The urgency of bringing pregnant women home to ensure proper medical care and psychological support is emphasized.

Challenges for the Israeli Health System

Despite Israel’s progressive abortion law, the country’s healthcare system faces an unprecedented challenge. The psychological trauma resulting from an unwanted pregnancy under such circumstances requires specific resources and expertise. There are current concerns about the adequacy of resources available in the Israeli mental health system to address the wave of needs.

The Future for the Affected Women

For these women, the road to healing will be long and complex. Beyond the immediate medical decisions, such as terminating the pregnancy, there is a need for prolonged psychological support. These experiences will leave lasting scars, not only on the women directly involved but also on their families and the broader community.

Conclusion

The situation of these hostage women and their potential pregnancies represents a human tragedy that transcends political issues and highlights the complexity and severity of the impacts of conflict. As Israel prepares to manage the medical and psychological aftermath, the international community is called upon to recognize and respond to these humanitarian challenges. Solidarity and support for these victims are essential to help heal the wounds opened by a prolonged and violent conflict.


ANNEX 1 – The Hamas Abductions and International Law

The attack by Hamas constitutes a highly severe breach of international law in general, and international criminal law in particular, in addition to every basic human moral code. Mass slaughter on this scale meets the definition of genocide, in that it was explicitly directed at Jews and was based on a racist and antisemitic ideology, as appears in the Hamas charter.[3] It is also an infringement of the most basic rules of war, which ban attacks specifically directed against civilians.[4] The huge scale of the horrors inflicted also places the attack within the framework of crimes against humanity—including murder, torture, sexual assault, and more.[5]

In this document, we focus solely on the status of the hostages.

 The Crimes

Several areas of international law are relevant to the status of the hostages in Gaza.

War Crimes

Israel and Hamas have been in a state of armed conflict for a number of years.[6] The intensity of the fighting in recent days, following the Hamas attack on October 7, only reinforces this conception. During an armed conflict or war between a state and a non-state organization such as Hamas, the rules of armed conflict or international humanitarian law apply. These rules apply to all sides in such a conflict, whether states or non-state organizations.[7]

The rules of combat in international laws state that during an armed conflict, it is forbidden to take hostages.[8] This is defined by the International Committee of the Red Cross (ICRC) as “the seizure, detention or otherwise holding of a person (the hostage) accompanied by the threat to kill, injure or continue to detain that person in order to compel a third party to do or to abstain from doing any act as an explicit or implicit condition for the release, safety or well-being of the hostage.”[9]

  • Seizure of a person: The term “hostage” does not only include civilians. Hamas is a terrorist organization, and thus does not have the option of taking “prisoners of war” as a bargaining chip.[10] In any case, all the hostages taken by Hamas are being held in an illegal manner.
  • Compelling a third party to do an act: Hamas is holding civilian hostages. As noted, according to the ICRC definition, and also in accordance with case law produced by international tribunals, there is no need to wait for an explicit demand by Hamas for some kind of ransom for their release. Based on past experience, the goal of Hamas in holding hostages is to bring about the release of Palestinian prisoners held by Israel. In the current case, its goal may also be to hold some kind of “insurance policy” for the safety of the Hamas leadership.
  • Not harming hostages: Hostages have already been physically harmed by Hamas terrorists, whose actions have included murder, sexual violence, torture, and abuse. Multiple videos published in the media have already proved this. Thus, there is no doubt that the hostages are in danger of real harm, and are not only suffering from the continued denial of their freedom as a result of not being released. In addition, they are being held in an area in which active combat is taking place, which also threatens their safety. 

Other War Crimes

According to the videos documenting the abductions, and to the testimonies of survivors of the massacre, Hamas also committed the following war crimes during and after the abductions:[11]

  • Killing of hostages: There is video evidence that hostages were executed after they were abducted.
  • Violence toward hostages: There is video evidence of beating, kicking, and burning of hostages.
  • Severe infringement of human dignity: This includes mutilation of the bodies of hostages after they were abducted.
  • Rape and sexual violence: [12] The videos published include evidence that the women who were abducted suffered rape and sexual violence.

Crimes Against Humanity

Crimes against humanity are serious infringements of human rights which are “committed as part of a widespread or systematic attack directed against any civilian population.”[13] The attack by Hamas was indeed widespread: It was carried out by over a thousand terrorists, and was directed against a very large number of Israeli civilians (more than a thousand of whom were murdered). It was organized, planned in advance, and targeted a civilian population as part of Hamas’s overall policy of striking at civilian populations, which it has pursued for several decades and has continued with ongoing rocket fire targeted at civilian populations. A very large number of infringements were committed during this attack.  Thus, it falls under the legal rubric of crimes against humanity.

The specific crimes against humanity committed in the context of the abductions, as part of a widespread attack against a civilian population, include:

Enforced disappearance of persons

This is defined by the International Criminal Court (ICC) as follows:

“Enforced disappearance of persons” means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time. [14]

The abductions carried out on October 7 meet this definition. Hamas is a political organization and can be held responsible for this crime. There is considerable evidence—including videos distributed by Hamas itself—that it is holding the hostages under its control. Hamas is refusing to reveal the location of the hostages or their medical situation, and there is no doubt that it intends to hold them for a prolonged period of time.

Torture

Torture is defined by the ICC as “the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused.”[15] According to video testimony, the hostages were beaten and subjected to great physical violence.

Persecution

Persecution is “the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity.”[16] The Israeli hostages were abducted on the basis of their identity as Israelis, and as part of Hamas’s systematic struggle against Israel. There is no personal reason for denying the hostages’ freedom; rather, they were taken because they belong to the collective of Israeli citizenry.

Thus, Hamas is committing the crime of persecution against the hostages and has committed the crime of torture against at least some of them.

Genocide

As stated above, the attack by Hamas meets the criteria of the crime of genocide. “Genocide” encompasses the perpetration of certain crimes involving mass casualties, committed with the intention of destroying all or part of a certain population group. The removal of a group from a particular geographical area is also included under the heading of genocide.[17]

To the extent that the Hamas attack was carried out with the intention that the Gaza border region would no longer contain Jews and Israeli citizens— whether by murdering them or abducting them, or by terrorizing other residents—or as the first stage in implementing Hamas’s plan to destroy Israel, then the basis exists for it to be classified as genocide. In any case, the acts of mass murder carried out fall under the heading of the crime of genocide.

Regarding the factual basis, there is no need for murder to be carried out for the crime of genocide to have been committed. Genocide also includes “causing serious bodily or mental harm to members of the group.” Abducting members of the group inflicts severe mental harm, and the physical abuse described above constitutes severe bodily harm.

Criminal Responsibility [18]

Obviously, the criminal responsibility for international crimes of the scale described above falls on the perpetrators of the crime. However, this responsibility is not limited solely to the perpetrators themselves, and also applies to wider circles:

  • Commanders and others involved in the crimes: Each and every one of the senior Hamas officers who was involved in the planning and command of the crimes, or even knew in advance about the possibility that crimes would be committed and did not act to prevent them, is criminally responsible for their commission. This responsibility applies both to the Hamas chain of command and to the “civilian” leadership of Hamas, which wields authority over and is involved in the use of force by Hamas.[19]
  • Hamas operatives: International criminal law holds responsible not only the direct perpetrators of crimes and their commanders, but also wider circles of Hamas operatives. First, responsibility is attached to anyone who aided in the commission of crimes, in the knowledge that they would be committed. Second, regarding some of the offenses, there is a broader responsibility that falls on anyone who made a significant contribution to the activity of Hamas, when aware of its nature as a terrorist organization, even if they were not aware of the planning for the commission of a specific crime.[20]

 General Duties Incumbent on States

The application of international criminal responsibility means that all countries in the world have the duty to do all they can to prevent breaches of international law. The entire international community has the duty to prevent the severe and continuing breach of international law represented by the continued holding of hostages by Hamas. This includes the duty to apply pressure to Hamas, or to any state or other legal entity that permits it to operate from its territory, aids it, or acts in coordination with it, regarding the hostages who are still alive. The international community also has the duty to act after the event to bring to trial all those who were involved in the commission of these crimes.

 Duties Incumbent on Hamas Before the Full Release of Hostages

As long as Hamas does not release the hostages, and without diminishing its criminal responsibility for the abductions themselves, a number of duties apply to it:

  • Caring for essential needs and medical care: The hostages are under the control of Hamas, which thus has the duty to care for their wellbeing and their essential needs, and to maintain their human dignity. With regard to the women and children, a special duty to maintain their dignity applies. Severe breaches of these duties constitute separate and independent crimes under international law.
  • Providing information: Failure to provide information about the hostages’ condition constitutes a further harm to the hostages and to their families. It means that the hostages cannot receive the help they need, and inflicts tremendous mental suffering on their families.

Reference

https://en.idi.org.il/articles/51162#_ftn3

  • [3] The Hamas charter of 1988, which is the founding document of the Hamas movement, presents a clearly antisemitic worldview. Jews are compared to Nazis and blamed for revolutions and wars around the world. The fundamental ideology contained in the charter is one of violent jihad regarding all of Palestine and the destruction of the State of Israel. See The Hamas Charter (1988), Intelligence and Terrorism Information Center at the Center for Special Studies, March 21, 2006, https://www.terrorism-info.org.il/Data/pdf/PDF_06_032_2.pdf.
  • [4] International Committee of the Red Cross, Protocols Additional to the Geneva Conventions of 12 August 1949, Part IV, Article 48 (2010), https://www.icrc.org/en/doc/assets/files/other/icrc_002_0321.pdf.
  • [5] A separate article will be dedicated to the crimes committed during the attack itself.
  • [6] Eyal Benvenisti, “’When you lay siege to a city, you shall not cut down its trees’: On proportionality in long-term sieges,” Iyunei Mishpat 43 (2020): 461 [Hebrew].
  • [7] For more details, see: Hilli Moodrick-Even Khen, “Rules of War,” in Robbie Sabel and Yael Ronen (eds.), International Law, pp. 367–373 (Tzafririm: Nevo, 2016) [Hebrew].
  • [8] Rome Statute of the International Criminal Court, Article 8 Section 2(c)(iii), https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf.
  • [9] ICRC, Geneva Conventions of 1949, Additional Protocols and Their Commentaries, Convention (III) Relative to the Treatment of Prisoners of War, Article 3, Paragraph 686, https://ihl-databases.icrc.org/en/ihl-treaties/gciii-1949/article-3/commentary/2020?activeTab=1949GCs-APs-and-commentaries#_Toc44265136.
  • [10] Moodrick-Even Khen, “Rules of War,” p. 375.
  • [11] For a review of the topic of war crimes, see Amichai Cohen, “International Criminal Law,” in Robbie Sabel and Yael Ronen (eds.), International Law, p. 473 (Tzafririm: Nevo, 2016) [Hebrew].
  • [12] Rome Statute of the International Criminal Court, Article 8 Section 2(e)(vi).
  • [13] Rome Statute of the International Criminal Court, Article 7. It should be noted that crimes against humanity can also be committed during combat.
  • [14] Rome Statute of the International Criminal Court, Article 7(2)(i).
  • [15] Rome Statute of the International Criminal Court, Article 7(2)(e).
  • [16] Rome Statute of the International Criminal Court, Article 7(2)(g).
  • [17] Rome Statute of the International Criminal Court, Article 6.
  • [18] For more details, see Amichai Cohen, “International Criminal Law.”
  • [19] Rome Statute of the International Criminal Court, Article 28.
  • [20] Rome Statute of the International Criminal Court, Article 25.

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