The brutal abuse of families during Hamas’s October 7th 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 Jewish 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’s modus operandi on October 7th 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 October 7th 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. Like genocide, 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’s sexual violence during and following the October 7th 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 (nine 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’s actions, it becomes apparent that international criminal law lacks the specific mechanisms to confront the extent of the brutality and systematicity employed on October 7th.
To effectively confront the scourge of what can be termed as “family-targeted violence,” a reevaluation of international law is imperative. The October 7th attack perpetrated by Hamas 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 October 7th 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.
Dr. Cochav Elkayam-Levy, recipient of the Israel Prize; Chair and Founder, The Civil Commission on Oct. 7th Crimes by Hamas Against Women and Children; Sophie Davis Post-Doctoral Fellow in the Leonard Davis Institute at the Hebrew University of Jerusalem
Prof. Irwin Cotler, 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.
* Montage key
- The Kedem Siman Tov family, murdered in their safe room in Kibbutz Nir Oz on October 7, 2023. (Facebook)
- Noy Shosh with his three children in an undated photo. Shosh was killed by Hamas terrorists at Kibbutz Be’eri on October 7, 2023. The terrorists fatally shot him through the family’s safe room door before he could leave home after being called up for emergency reserve IDF duty. (Courtesy)
- Amichai Shindler (back row, left), with his wife and children during the Sukkot holiday, October 2023. Days later, Hamas terrorists attacked the family in their home and Amichai was badly injured. (Courtesy of Shindler family)
- Omri Almog (right) and his sister, Chen Goldstein-Almog, who was taken hostage with three of her children on October 7, 2023, as her husband and eldest daughter were killed by Hamas terrorists in Kibbutz Kfar Aza (Courtesy)
- Mourners gather around the five coffins of the Kotz family during their funeral in Gan Yavne, Israel, October 17, 2023. (Ohad Zwigenberg/ AP)
- Itay, Etti, and Sagi Zak, murdered in Kibbutz Kissufim, Oct. 7, 2023 . (Courtesy)
- The Brodutch family, dad Avichai with mom Hagar, and kids Ofri, Yuval, and Oriya, who were kidnapped from Kibbutz Kfar Aza during the October 7, 2023 Hamas assault and released after 51 days. (Courtesy)
- Itay and Hadar Berdichevsky, killed on Oct. 7, 2023 protecting their babies (Courtesy)
- Ariel and Ellay Golan with their daughter Yael. The family was severely burned when Hamas terrorists set fire to their home in Kfar Aza on October 7, 2023. (Courtesy of Evyatar Hogeg)
- The Bibas family. Father Yarden, 4-year-old Ariel, mother Shiri, and baby Kfir were abducted by Hamas terrorists on October 7, 2023 from Kibbutz Nir Oz. (Courtesy)
- From left: Aviv, Yonatan, Rotem, Yiftach and Livnat Kutz. The entire family was murdered by Hamas terrorists in their Kfar Aza home on October 7, 2023. (Facebook. Used in accordance with Clause 27a of the Copyright Law)
- Roee Idan with his children. Michael, 9, witnessed his father’s murder by Hamas terrorists, and Avigayil, 4, was taken captive by Hamas terrorists on October 7, 2023, from Kibbutz Kfar Aza. She was released on November 27 (Courtesy)