Sexual Violence as a Weapon of War: The Dinah Project's Quest to Hold Hamas Accountable

"In so many cases, as is the case of October 7, there are no direct victims who are able to speak – for the very grim reason that Hamas made sure to kill almost each and every one of them. The very few that did survive are too traumatized to speak . . . " Shortly after the October 7 Hamas terror attacks on Israel, witness accounts emerged of women brutally raped and mutilated before they were murdered and silenced forever. For Ruth Halperin-Kaddari, Professor of Law at Bar-Ilan University, that silence was deafening. And the silence of the international community unwilling to hold Hamas accountable, disturbing. "Does that mean that [Hamas] can walk away without being prosecuted, without being charged, and without being pointed to as those who perpetrate sexual violence and use it as a weapon of war?" she asks. In this episode, Halperin-Kaddari explains how she and her colleagues have erased any doubt to make sure Hamas is held accountable. Their initiative The Dinah Project, named for one of Jacob's daughters, a victim of rape, just published A Quest for Justice, the most comprehensive assessment to date of the widespread and systematic sexual violence that occurred during and after the October 7, 2023 attack on Israel by Hamas terrorists and their allies. The report demonstrates that sexual violence was widespread and systematic during the October 7 attack, that there are clear patterns in the methods of sexual violence across geographic locations, and that sexual violence continued against hostages in captivity. It concludes that Hamas used sexual violence as a tactical weapon of war during and after the October 7 attack. Resources: Read: The Dinah Project's groundbreaking new report, A Quest for Justice Read: Hamas' Most Horrific Weapon of War: 5 Takeaways from UN Report on Sexual Violence Against Israelis Listen – AJC Podcasts: The Forgotten Exodus: Untold stories of Jews who left or were driven from Arab nations and Iran People of the Pod : Latest Episodes: Journalist Matti Friedman Exposes Media Bias Against Israel John Spencer's Key Takeaways After the 12-Day War: Air Supremacy, Intelligence, and Deterrence Iran's Secret Nuclear Program and What Comes Next in the Iranian Regime vs. Israel War Follow People of the Pod on your favorite podcast app, and learn more at AJC.org/PeopleofthePod You can reach us at: peopleofthepod@ajc.org If you've appreciated this episode, please be sure to tell your friends, and rate and review us on Apple Podcasts or Spotify. Transcript of the Interview: Manya Brachear Pashman: Shortly after the October 7 Hamas terror attacks on Israel, witness accounts emerged of women brutally raped and mutilated before they were murdered and silenced forever. For Ruth Halperin-Kaddari, Professor of Law at Bar Ilan University, that silence was deafening. And the silence of the international community unwilling to hold Hamas accountable, disturbing. In response, Ruth and colleagues, former military prosecutor Sharon Zagagi-Pinhas and retired judge Nava Ben-Or founded The Dinah Project, an effort to seek justice for the victims of sexual violence during conflicts, particularly in Israel, on October 7, 2023. This week, together with visual editor Nurit Jacobs-Yinon and linguistics editor Eetta Prince-Gibson, they released A Quest for Justice, the most comprehensive report yet on the sexual violence committed on October 7 and against hostages afterward. Ruth is with us now. Ruth, welcome to People of the Pod. Ruth Halperin-Kaddari: Thank you very much for having me on your podcast. Manya Brachear Pashman: Well, it's really an honor to have you. I should note for our listeners that you are also the founding Academic Director of the Rackman Center for the Advancement of the Status of Women, and you've served on the UN Committee on the Elimination of Discrimination Against Women. So you're no newcomer to this subject matter. You know, we've talked a lot about how Hamas sexually assaulted women and men during the October 7 terror attacks on Israel. Without getting too graphic, or at least getting graphic enough to make your point clear and not sanitize these crimes, what new information and evidence does this report offer? Ruth Halperin-Kaddari: The specific new finding in the report is to actually take all the already published and existing information and put it together and come down with the numbers that prove that sexual violence on October 7 was not sporadic. Was not isolated. It was systematic. It happened in at least six different locations, at the same time, with the same manner, the same patterns. And the, I think, most significant finding is that there are at least 17 survivors who witnessed the sexual violence, and they reported on at least 15 different cases. So there were 17 people who either saw or heard, in real time, the rapes and the gang rapes, some of them involving mutilation, some ending, and the witnesses saw, the execution at the end of the assaults. And this is the first time that anybody came with the actual aggregation and the classification and the naming of all the various sexual assaults and all the various cases that occurred on October 7, and then also later on in captivity. What we did is to, as I said, take all the testimonies and the evidence and the reports that people had already given, and they published it, either on social media or regular media, in addition to some information that was available to us from from other sources, and grouped it into specific categories according to their evidentiary value. So the first group is, of course, those who were victims or survivors of sexual violence themselves, mostly returned hostages, but also one survivor of an attempted rape victim, attempted rape, on October 7, who had actually not spoken before. So that's the first time that her testimony is being recorded or reported. But then the returned hostages, who also report on repeated and similar patterns of sexual abuse and sexual assaults that they had been subjected to in captivity. Manya Brachear Pashman: So the United Nations has acknowledged that women were raped, mutilated, murdered, executed, as you said, but did it attribute responsibility to Hamas? Ruth Halperin-Kaddari: We have to differentiate between the first report of the Assistant Secretary General, Special Representative on sexual violence in conflict, Ms. Pramila Patten, who refrained from specifically attributing these atrocities to Hamas, saying that there needs to be more or follow up examination or investigation into the question of attribution. But then in June of 2024, the Commission of Inquiry on Palestinian Authority, Gaza, Israel, and East Jerusalem, did attribute in their report, they did attribute the sexual violence to Hamas in at least two different places in their report. So in our view, this is already a settled issue. And the information that we gathered comes on top of these two reports. We have to bear in mind the issue of time that passes, first of all, with respect to those survivors, mostly of the Nova music festival, who themselves were victims of the terror attack. And as can be expected, took time before they could recount and speak in public about what they had seen, what they had witnessed, suffering also from trauma, being exposed to such unbelievable acts of human cruelty. And then the other group of the returned hostages, who, some of them, were freed only after 400 or 500 days. So obviously we could not hear their reports before they were finally freed. So all these pieces of information could not have been available to these two investigative exercises by the United Nations. Manya Brachear Pashman: And when the UN Secretary General's annual report on the conflict related sexual violence, when it comes out in August, right, it's expected out next month, there is going to be more information. So do you have high hopes that they will hold Hamas accountable for using sexual violence as a tactical weapon of war, and that this will be included in that report? Ruth Halperin-Kaddari: So this is, in fact, our first recommendation request, ask, if you want to put it that way. We call upon the Secretary General to blacklist Hamas, to include Hamas in the list of those notorious organizations, entities, states that condone or that actually make use of sexual violence as a weapon of war, side by side with ISIS, with Boko Haram, with other terrorist organizations and terrorist groups around the world. And expose them, finally, for what they are, not freedom fighters and not resistance fighters, but rapists and terrorists that use the worst form of violence of human cruelty, of atrocities to inflict such terror and harm on the enemy. Manya Brachear Pashman: You know, we talk about the dangers of nuclear warfare, especially lately, in the context of Iran, we talk about cyber attacks. What are the broader implications of sexual violence when it's used as a weapon of war? Ruth Halperin-Kaddari: Perhaps this is where we should clarify the sense in which sexual violence as a weapon of war is different from the regular term of sexual violence, and from the phenomena of, for lack of a better word, everyday sexual violence. It's really very important to bear this in mind when thinking about those broader implications and when seeking justice for victims of sexual violence when used as a weapon of war. It is directed not against the individual. It is directed against the community as a whole. Against the group of the enemy, the nation of the enemy. So the bodies of women, and sometimes also of men, are used as vessels, as symbols, symbolizing the body of the whole nation, and when the specific body is targeted and when the specific woman is invaded, conquered, violated, it is as if the whole body of the of the nation, of the enemy's nation, is being invaded and conquered. So the target is the total dehumanization and destroying of the whole community, of the whole group of the enemy. And these are the ramifications of using sexual violence as a weapon of war. It inflicts such a degree of terror, and then also of shame and of stigma, so as to paralyze the whole community. And it goes on and on. And we know from sadly, from other cases of the usage of sexual violence as a tool of war that it is transmitted to generation after generation, this collective trauma. And it's important, not just in understanding and perhaps being prepared for treatment, for healing, etc. But it is also important in the sense of seeking justice. Of attempting to prosecute for these crimes of sexual violence in conflict or in war. We know that it is always a very difficult challenge for the legal system, for institutions, legal institutions, institutions of justice, to prosecute perpetrators of CRSV, of conflict related sexual violence, because of the of the unique aspects and the unique nature of this kind of crime, which are different from everyday sexual violence. In so many cases, as is the case of October 7, there are no direct victims who are able to speak for the very grim reason that Hamas made sure to kill almost each and every one of them so as to leave no traces, to silence them forever. And the very few that did survive, are too traumatized to speak, are unable to come up and say what they had been through. But this is very often the case in CRSV. And then the next challenge is that it is almost always impossible to identify or to point to a specific perpetrator and it's almost impossible to know who did what, or to connect a specific perpetrator to a specific victim. In the case of October 7, the victims were buried with the evidence. The bodies were the evidence and they were buried immediately, or as soon as it was possible, according to Jewish tradition. So does that mean that they can walk away without being prosecuted, without being charged, and without being pointed to as those who perpetrate sexual violence and use it as a weapon of war? That is why we, in our work at The Dinah Project and in the book that we had just published this week, on top of the evidentiary platform that I already described before, we also develop a legal thesis calling for the prosecution of all those who participated in that horrific attack, all those who entered Israel with the genocidal intent of total dehumanization and total destruction. And we argue that they all share responsibility. This is a concept of joint responsibility, or joint criminal enterprise, that we must make use of, and it is a known concept in jurisprudence, in criminal law, and it has to be employed in these cases. In addition to understanding that some of the usual evidence that is sought for prosecution of sexual violence, namely the evidence, the testimony, of the victim herself or himself is not available. But then those eyewitnesses and ear witnesses in real time, 17 of them reporting 15 different cases, these are no less credible evidence and acceptable evidence in evidentiary, in evidence law. And these should be resorted to. So there has to be a paradigm shift in the understanding of the prosecutorial authorities and the law in general. Justice systems, judicial systems in general. Because otherwise, perpetrators of these crimes have full impunity and there will never be accountability for these crimes. And any terrorist organization gets this message that you can do this and get away with it, as long as you don't leave the victims behind. This is a terrible message. It's unacceptable, and we must fight against it. Manya Brachear Pashman: Ruth, can you explain to our audience the origins of The Dinah Project? How old is it? When did you found it, and why? Ruth Halperin-Kaddari: The Dinah Project is really a very interesting case. Can be seen as a case study of the operation of civil society in Israel, from the bottom up, forming organically, without any plan, at first, without any structure. Each of us found ourselves working in parallel channels immediately after October 7. I was very much involved and invested in the international human rights arena. My colleagues were more invested on the national front in seeking to, first of all, to raise awareness within the Israeli authorities themselves about what had took place, and then collecting the information and putting all the pieces of the puzzle together. And then we realized, as we realized that we are all working towards the same goal, we first of all formed a WhatsApp group. This is how things are being done in Israel, and we called it: Sexual Atrocities War Room. And then we understood that we have to have some kind of a structure. And it was only natural that the Rackman Center that I established, and I'm still heading more than 25 years ago, would be the natural organization to host The Dinah Project. As an organization that has always been leading justice for Israeli women, for women in Israel, gender justice, we realize that we are now facing a new front of where justice needs to be done for women in Israel. And we also can utilize the human power that we have in the academia, in the university, of course the organizational structure. So we expanded The Rackman Center, and for the past almost year and a half, The Dinah Project is part of the Rackman Center. And the book that we published now is really the culmination of a very, very careful and meticulous work, thousands of hours, as I said. I would like to add that we are, I'm trying to think of the proper words. It's actually a subject matter where you so often find yourself looking for the proper words. So I want to say we're pleased, but it's really not the right expression. But we see, we acknowledge that there is a huge amount of interest in our work since we launched the book this week and handed it over to the First Lady of Israel, Michal Herzog, at the presidential residence. And I hesitate to say that perhaps this demonstrates that maybe there is more willingness in the international media and in the world at large to hear, maybe to accept, that the situation is more nuanced than previously they prefer to believe. And maybe also because more time passed on. Of course, new information was gathered, but also when this is a work by an academic institution, coming from independent experts and a very solid piece of work, maybe this is also what was needed. I'm really, really hopeful that it will indeed generate the change that we're seeking. Manya Brachear Pashman: In other words, that denial that we encountered in the very beginning, where people were not believing the Israeli women who said that they were sexually assaulted, you find that that is shifting, that is changing. Ruth Halperin-Kaddari: I hope so. I hope that this media interest that we are experiencing now is a signal for some kind of change. It is our aim to refute the denialism. Manya Brachear Pashman: There are some that point to Israeli Forces as well and say that they are also using sexual violence as a weapon of war. Does The Dinah Project address that, has it worked with the IDF to try to figure out . . . in other words, is it a broad application, this report? Ruth Halperin-Kaddari: This is not our mission. Our mission is concerned with the victims of Hamas. We are aware of the allegations against Israeli soldiers, against IDF. We are aware, and we made some inquiries to know the facts that investigations are ongoing against those who are being accused of perpetrating sexual violence against Palestinian detainees. But we must point out a major difference, at least in our understanding. Hamas entered Israel on October 7 under a genocidal indoctrination. Just reading the Hamas charter, going through those writings that were found in the vessels of Hamas terrorists here in Israel, or later on in Gaza, the indoctrination there is clear. And they all entered civilian places. They attacked civilians purposefully, with the intent of total dehumanization and destruction. Whatever happened or not happened with respect to Palestinian detainees, and I do trust the Israeli authorities to conduct a thorough investigation and to hold those accountable, cannot be compared to a structured and planned and ordered attack against the civilian population. Manya Brachear Pashman: And total lack of accountability as well. Ruth Halperin-Kaddari: Obviously there is absolutely no accountability on the part of the Palestinian people, of Hamas leadership, or Palestinian Authority, if that's relevant. Obviously there are no investigations there and no accountability, no acceptance of responsibility on their part. Manya Brachear Pashman: Well, Ruth, thank you so much for producing this report, for continuing to investigate, and keeping the fire lit under the feet of the United Nations and authorities who can hold people accountable for the crimes that were committed. Thank you so much. Ruth Halperin-Kaddari: Thank you. Thank you very much. Manya Brachear Pashman: If you missed last week's episode, be sure to tune in for a replay of a conversation with award-winning journalist Matti Friedman at AJC Global Forum 2025. He breaks down the media bias, misinformation and double standards shaping global coverage of Israel.