Kinocide: Hamas targeting of families is a new crime against humanity
These families’ stories, two of many, are more than tragedies; they are methodical violations of the intrinsic right to family life.
The brutal abuse of families during Hamas’ Oct. 7 attack compels us to consider a haunting question: Does the weaponization of the family unit constitute a new crime against humanity? It’s imperative to acknowledge the heinous nature of familial abuse as crimes against humanity, drawing parallels with other historical atrocities. The current peak of cruelty in such attacks unequivocally warrants this recognition.
In the early hours of that Saturday morning, which marked the holiday of Simchat Torah when families join together in celebration, horror descended upon southern Israel as Hamas terrorists launched a ruthless and premeditated attack on civilian homes in kibbutz communities, cities and villages. While families slept in their beds, Hamas unleashed an onslaught of terror, perpetrating unspeakable atrocities.
They violently broke into homes and proceeded to execute people mercilessly. Parents were murdered in front of their children, children in front of their parents. Siblings were torn apart. Children, even infants, were gunned down in their bedrooms. Entire families were slaughtered. Many were burned alive. Hamas committed violent sexual crimes against women, men and young girls, and tortured family members in front of each other before killing them or abducting them into Gaza.
These heinous acts were not random. Hamas’ modus operandi on Oct. 7 was as calculated as it was cruel; it was a deliberate strategy to exploit the family unit as a weapon of terror. This form of weaponization is as yet undefined in international law, though the atrocities committed on Oct. 7 clearly constitute crimes against humanity, specifically the weaponization of familial bonds for strategic ends. These atrocities require new ways of thinking. For this purpose, we wish to offer to define a new term, “Kinocide,” which aims to reflect this concept. Kinocide describes the deliberate weaponization or destruction of families. It involves a coordinated plan aimed at the devastation of a nation or an ethnic group by targeting families through, among possible methods, mass killings, cruelty and torture. It does not necessarily mean the immediate destruction of a nation but is intended to denote various forms of violence against the family unit, targeting the core of a nation or society.
In March, the UN Security Council and the 68th Session of the Commission on the Status of Women chronicled the grim details of Hamas’ sexual violence during and following the Oct. 7 attacks. The reports also described the systematic slaughter and abduction of parents and children, which were intended to fracture the family unit and instill fear at the most fundamental human level.
Three-year-old Israeli-American Avigail Idan was forced to witness the murder of her parents while her brother Michael (9) and sister Amalia (6) sought refuge in a closet in their home in Kibbutz Kfar Aza. Avigail’s father was holding her in his hands when he was shot.
In the nearby kibbutz of Nir Oz, Hamas terrorists kidnapped Shiri Bibas while she was clutching her children Ariel (3) and Kfir (9 months) in a blanket. Kfir is now the youngest hostage being held in Gaza. The boys’ father, Yarden, was abducted separately and has been subjected to psychological torment by Hamas, who cruelly recorded and used his anguish in a propaganda video in which they informed him of the supposed death of his wife and sons.
These families’ stories, two of many, are more than tragedies; they are methodical violations of the intrinsic right to family life. Despite the recognition of the sanctity of civilian life and family rights within various international legal frameworks, at present, there is insufficient recourse in international law for the deliberate targeting of families. The absence of specific provisions for such crimes in armed conflict poses significant challenges to justice and accountability.
Families are recognized as fundamental units of society, and their systematic destruction not only inflicts direct harm on individuals but also undermines the fabric of communities, has lasting gendered implications, and causes long-term intergenerational trauma and societal disruption. The right to family is intricately tied to individual autonomy and is essential for societies to exist and thrive.
The deliberate targeting of families represents a distinct challenge and a form of violence that our legal systems are currently ill-equipped to address. In assessing the legal ramifications of Hamas’ actions, it becomes apparent that international criminal law lacks the specific mechanisms to confront the extent of the brutality and systematicity employed on Oct. 7.
To effectively confront the scourge of what can be termed as “family-targeted violence,” a reevaluation of international law is imperative. The Oct. 7 attack is a stark testament to the evolving nature of warfare and the emergence of new forms of war crimes that must be addressed. Placing the protection of the family unit at the forefront of our legal discourse is a crucial step toward devising a robust global response.
Amidst the human suffering caused by the Oct. 7 atrocities, international law may seem abstract and disconnected from the raw pain and grief wrought by the crimes against humanity committed that day. Yet, it is precisely in these moments that our legal instruments must evolve to respond effectively.
“Peace is the beauty of life,” declared Israeli Prime Minister Menachem Begin in 1978, in his Nobel Peace Prize acceptance speech. “It is the smile of a child, the love of a mother, the joy of a father, the togetherness of a family.”
We must rise to the challenge of honoring that vision and paving the way for peace. Now is the moment for paradigm shifts. We must push for the evolution of international criminal law, ensuring that future generations inherit a world where families are safe and protected. PJC
Cochav Elkayam-Levy is a recipient of the Israel Prize, and chair and founder of The Civil Commission on Oct. 7th Crimes by Hamas Against Women and Children. Irwin Cotler is the international chair of the Raoul Wallenberg Centre for Human Rights, an emeritus professor of Law at McGill University, former minister of justice and attorney general of Canada and longtime member of Parliament, and an international human rights lawyer. This first appeared on The Times of Israel.
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