by – L. Richardson
The U.S. government has taken a firm stance against the Israeli military’s gross violations of human rights, condemning specific incidents and units responsible for such atrocities. 1 This unprecedented action against a close ally signals America’s commitment to upholding human rights and holding perpetrators accountable, even if it means imposing sanctions on Israeli military units over abuses. 1
At the same time, the U.S. is exposing the moral failure of Israel’s exploitative surrogacy practices, particularly the notorious case of Israeli forces airlifting babies born to surrogate mothers in Nepal for gay Israeli couples, leaving the mothers behind after the 2015 earthquake. 1 2 This hypocritical treatment of surrogate mothers, combined with discriminatory policies favoring heterosexual couples, has sparked global outrage and calls for legal reform to protect vulnerable women from such unethical surrogacy operations. 2
Israel’s Militant Oppression
Crackdown on Civil Liberties: The Harsh Realities of Israeli Military Operations
The Israeli government’s crackdown on civil liberties and freedom of expression has reached alarming levels, with protesters facing harassment, intimidation, and arrests for voicing dissent against government policies. 4 Palestinian citizens of Israel bear the brunt of these attacks. Still, even Jewish Israelis who criticize the government’s actions are not spared. 4
- Stifling Online Speech: The government has initiated at least 146 criminal investigations since October 7th for speech-related offenses, with most arrests targeting social media posts. 4 This is a blatant attempt to silence online dissent and curtail the public’s right to express their concerns about the government’s approach to the Israel-Hamas War [29].
- Banning Protests: In the early weeks following October 7th, Israeli police attempted to ban all public demonstrations, with the Police Commissioner stating, “Anyone who wishes to identify with Gaza is welcome to—I will put him on the buses that are heading there now [30].” 4 Arab cities were denied permits for protests concerning the war, citing security concerns.
- Suppressing Freedom of Assembly: Arab leaders who organized a quiet vigil in Nazareth were arrested before the event even began, in a shocking move to suppress freedom of protest and expression. 4, the national security minister, Itamar Ben-Gvir, led this alarming action.
- Targeting Palestinian Rights Organizations: Organizations that support Palestinian rights or defend those accused of incitement or terrorism find themselves targeted by the government. 4 The Israeli Bar Association even threatened legal action against lawyers who publish content perceived as incitement to violence on social media.
- Discrimination Against Arab Workers: Local officials in Israel have attempted to ban Arab citizens from working in their municipalities, with construction sites being shut down and Arab women cleaners prohibited from working during school hours. 4 This blatant discrimination against Arab citizens is a clear violation of their rights.
Witness to Atrocity: The Netzah Yehuda Battalion’s Role in Palestinian Abuse
The Netzah Yehuda battalion, an all-male unit of the Israel Defense Forces formed to accommodate ultra-Orthodox Jews, has gained notoriety for its alleged human rights violations and abuses against Palestinians in the West Bank. 5 6
- Deadly Incident: The battalion’s alleged violations include leaving a 78-year-old Palestinian American man, Omar As’ad, detained during a raid in the West Bank overnight before he died of cardiac arrest. 5 Despite Israeli officials dismissing two battalion officers after As’ad’s death, no one was ultimately prosecuted for his tragic demise.
- U.S. Sanctions: According to reports, the Netzah Yehuda Battalion’s involvement in human rights violations has led the U.S. to consider sanctioning the unit. 6 This unprecedented action against an Israeli military unit signifies the gravity of the allegations and the U.S.’s commitment to holding perpetrators accountable.
- Settler Movement Ideology: The Netzah Yehuda Battalion has a long history of bad behavior driven by an ideology imbibed from the settler movement. 6 This ideology has fueled the unit’s alleged abuses and disregard for Palestinian human rights.
Global Condemnation and the Cry for Justice
The scale of devastation and human suffering inflicted upon Palestinians in Gaza has sparked global outrage and condemnation, with calls for urgent action to prevent further atrocities. 7
- South Africa’s Legal Challenge: South Africa has filed an application alleging that Israel’s acts and failure to act about Palestinians in Gaza are genocidal in character. 7 The application urges the International Court of Justice to order provisional measures to protect the Palestinian people, including halting military attacks that violate the Genocide Convention.
- Amnesty International’s Warning: While Amnesty International has not determined the situation in Gaza as genocide, the organization has raised alarming warning signs given the staggering scale of death, destruction, and dehumanizing rhetoric against Palestinians. 7 The imposition of an illegal siege, cutting off access to essential resources, has put the survival of those within Gaza at risk.
- Urgent Call for Action: With much of northern Gaza destroyed. At least 85% of the population is internally displaced, and human rights experts see this as part of an Israeli strategy to render Gaza “unlivable [31].” 7 Pending a final ruling on whether crimes of genocide and other international law violations have been committed, an urgent order to implement provisional measures is crucial to prevent further civilian suffering and send a warning to other states against contributing to grave violations against Palestinians [31].
U.S. Actions Against Israeli Overreach
Washington Takes a Stand: Harsh Sanctions on Israeli Military Units
In an unprecedented move, the U.S. government has taken a firm stance against the Israeli military’s gross violations of human rights, threatening to impose harsh sanctions on specific units responsible for such atrocities. [8] 9 This decisive action signals America’s commitment to upholding human rights and holding perpetrators accountable, even if it means sanctioning Israeli military units over abuses.
According to reports, the U.S. is planning to impose sanctions on Israel’s Netzah Yehuda battalion, which has operated in the occupied West Bank and has been accused of numerous human rights violations. [8] The incidents under scrutiny occurred in the West Bank before Israel’s war on Gaza began on October 7th. [8]
U.S. Secretary of State Antony Blinken confirmed that he has made “determinations” regarding accusations that Israel violated U.S. laws prohibiting the provision of military assistance to individuals or security force units that commit gross human rights violations [32]. [8] Blinken stated, “I think it’s fair to say you’ll see results soon. I’ve made determinations; you can expect to see them in the days ahead.” [8]
U.S. Upholding Human Rights: A Beacon of Hope Against Israeli Tyranny
The U.S. State Department has found five units of the Israeli military responsible for gross violations of human rights in individual incidents, marking the first time the U.S. government has made such a determination for any Israeli unit. 9 While the incidents in question occurred outside of Gaza before the current war, this move signifies the U.S.’s commitment to holding Israel accountable for its actions.
According to State Department spokesman Vedant Patel, four of the five units have “effectively remediated these violations,” which is expected of U.S. partners. 9 However, the U.S. continues to engage with the Israeli government regarding the remaining unit, believed to be the Netzah Yehuda battalion, as Israel has submitted additional information about that unit. 9
The U.S. government’s decision to potentially sanction an Israeli military unit under the Leahy Law, which prohibits providing military assistance to units that commit gross human rights violations, is a significant step in upholding human rights and holding allies accountable. 9 This move sends a strong message that the U.S. will not turn a blind eye to human rights abuses, even when committed by close allies like Israel [33].
Repercussions and Realignments in U.S.-Israel Relations
The U.S. government’s actions against Israeli military units over human rights violations have the potential to strain the long-standing alliance between the two countries. Israeli Prime Minister Benjamin Netanyahu has vowed to reject any sanctions on the country’s military, stating, “I will fight it with all my strength [34].” 9
However, the Biden administration appears resolute, with Secretary of State Blinken affirming, “I made determinations. You can expect to see them in the days ahead.” 9 This unwavering commitment to upholding human rights and international law could lead to significant repercussions and realignments in the U.S.-Israel relationship.
The U.S. decision to potentially withhold military aid from Israeli units found guilty of human rights abuses could also set a precedent for other recipients of U.S. military assistance. 13 Failing to place conditions on such aid could disincentivize other nations from respecting U.S. laws and human rights standards, undermining America’s credibility and moral authority on the global stage. 13
As the U.S. continues to support Ukraine’s efforts to resist Russian aggression based on arguments rooted in international law, turning a blind eye to Israel’s violations of Palestinian human rights would be a glaring double standard. 13 Such hypocrisy could make it increasingly difficult for Washington to solicit international cooperation and build coalitions, ultimately weakening its global influence and leadership. 13
The Dark Side of Israeli Surrogacy Practices
Exploitation Exposed: The Israeli Surrogacy Operation in Nepal
The devastating earthquake that struck Nepal in April 2015 exposed the dark underbelly of Israel’s exploitative surrogacy practices [35]. 16 As the quake-ravaged the country, 26 babies born to surrogate mothers in Kathmandu were awaiting collection by their Israeli parents, primarily same-sex male couples. 16 These intended parents found themselves stranded amidst the chaos, without food, water, electricity, or communication. At the same time, the surrogate mothers were left behind. 16
Critics argue that this incident laid bare the inherent exploitation of women in surrogacy arrangements, particularly in countries like Nepal, where legal provisions are inadequate to protect surrogate mothers. 15 While proponents claim that surrogacy can be ethical if the gestational surrogates are treated with respect, dignity, and fair compensation, the Nepal case highlighted the stark power imbalance and disregard for the well-being of these vulnerable women. 16
Discriminatory Practices in Israeli Gay Surrogacy: A Double Standard on Human Rights
Israel’s surrogacy laws have long been criticized for their discriminatory nature, denying same-sex couples and single individuals the right to access surrogacy treatments. 17 This blatant discrimination against non-traditional family structures and the perception that only women have an inherent right to parenthood have fueled calls for legal reform. 17
Despite Israel’s self-proclaimed image as a bastion of LGBTQ+ rights, the country’s surrogacy practices have exposed a glaring double standard. 17 While same-sex couples were initially excluded from surrogacy arrangements, the Israeli Supreme Court’s landmark 2020 ruling acknowledged the disproportionate discrimination against single individuals and same-sex couples based on sexual orientation, family status, or gender [36]. 17 18 The court ordered the legislature to amend the surrogacy laws within a year, echoing Dr. Haim Abraham’s analysis of the existing discriminatory framework. 17
Pinkwashing: Israel’s Manipulation of LGBTQ+ Rights for Political Cover
Israel’s exploitation of LGBTQ+ rights as a political tool, known as “pinkwashing,” has drawn widespread condemnation from human rights advocates. 19 20 This calculated strategy aims to legitimize settler colonialism, distract from human rights violations against Palestinians, and promote an unfounded image of democracy and liberalism. 20
By portraying Palestinians as inherently homophobic and transphobic, Israel reinforces white supremacist and imperialist notions that have historically justified genocide and occupation under the guise of “saving” marginalized communities. 20 This pinkwashing narrative not only plays on racist and Islamophobic tropes but also impedes a nuanced analysis of queer and feminist liberation. 19
The circulation of images depicting Israeli soldiers holding pride flags amidst the rubble of Gaza exemplifies the perverse co-opting of LGBTQ+ symbols for a genocidal campaign. 20 As queer Palestinian activists assert, “There is no pride in genocide. Queer folks around the world refuse to let the Israeli military use our symbols and stories as fuel for their genocidal campaign [37].” 20
To disrupt this pinkwashing narrative, centering queer and trans-Palestinian voices and stories becomes crucial. 20 Education and awareness-raising efforts can equip the LGBTQ+ community and allies to identify and speak out against Israel’s manipulation of human rights discourse for political cover. 20
Surrogate Mothers and the Ethics of Care
Ignored and Abandoned: The Reality for Surrogate Mothers in Crisis Zones
The devastating earthquake that struck Nepal in 2015 exposed the callous disregard for the well-being and rights of surrogate mothers by Israeli intended parents and surrogacy agencies [38]. 16 As the quake ravaged the country, 26 babies born to Nepali surrogate mothers in Kathmandu were hastily evacuated by the Israeli military, leaving the surrogate mothers behind amidst the chaos, without food, water, electricity, or means of communication. 16 This incident laid bare the inherent exploitation of vulnerable women in surrogacy arrangements, particularly in countries with inadequate legal protections for surrogate mothers. 15 16
While proponents claim surrogacy can be ethical if gestational surrogates are treated with respect, dignity, and fair compensation, the Nepal case highlighted the stark power imbalance and disregard for these women’s well-being. 16 Critics argue that this incident exemplified the commodification of birthing, reducing women to mere incubators and alienating surrogate mothers from their reproductive labor. 21
- Lack of Support and Stigma: Surrogates often face social stigma, discrimination, and lack of support, predisposing them to emotional problems, psychological vulnerability, financial exploitation, and embarrassment from family members. 12 21 23
- Dehumanizing Contracts: Literature highlights that “contract motherhood is dehumanizing because it commodifies birthing, reduces women to incubators, and alienates surrogate mothers from their reproductive labor.” 22
- Psychological Conflict: Surrogates face a psychological conflict between the sense of connection and separation from the child they carry, leading to potential emotional distress and postpartum depression. 9 11 21 23 24
Challenging Israeli Surrogacy: The Need for Global Ethical Standards
Israel’s surrogacy practices have been widely criticized for their discriminatory nature, denying same-sex couples and single individuals the right to access surrogacy treatments. 17 This blatant discrimination against non-traditional family structures and the perception that only women have an inherent right to parenthood have fueled calls for legal reform. 17
Despite Israel’s self-proclaimed image as a bastion of LGBTQ+ rights, the country’s surrogacy practices have exposed a glaring double standard. 17 19 20 Israel’s manipulation of LGBTQ+ rights as a political tool, known as “pinkwashing,” aims to legitimize settler colonialism, distract from human rights violations against Palestinians, and promote an unfounded image of democracy and liberalism [37]. 19 20
Ethical Concerns / Descriptions
Exploitation Risk / The human rights of surrogate mothers, particularly girls, should be protected by preventing potential exploitation, coercion, and lack of informed consent. 26
Identity Impact / Decisions about preserving information relevant to a child’s identity can have a lifetime impact on their physical, psychological, cultural, and spiritual development. 26
Legal Parentage / Legal parentage cannot be linked to remuneration or other considerations, and the child’s rights should not be sacrificed for legal certainty before birth. 26
Financial Ambiguity / The financial aspects of surrogacy arrangements often lack clarity, suggesting they go beyond mere compensation for expenses, amounting to the sale of children. 26
Commodification / A child’s identity and family relations cannot be for sale. 26
To address these ethical concerns, there is a pressing need for global ethical standards and legal frameworks that prioritize the rights and welfare of surrogate mothers and children born through surrogacy arrangements [39]. 24 26
Advocating for Surrogate Rights and Welfare
Surrogacy arrangements often involve power imbalances, with surrogates from poor economic backgrounds facing financial crises and family pressure to enter into contracts against their personal comfort and willingness. 21 [39] [43] Intended parents wield greater power and choice, dictating where surrogates will stay, their interactions with family, diet, lifestyle restrictions, and behavior during pregnancy. [39] [43] [48]
- Lack of Agency: Surrogates often have “no say in the surrogacy cycle once they sign the contract,” with intended parents controlling various aspects of their lives during pregnancy. [39] [43]
- Poor Living Conditions: Poor sanitation and nutrition were issues in some surrogate hostels where women were compulsorily confined for nine months. [39] [43] [48]
- Emotional Trauma: Many surrogates reported missing their own children and facing psychological difficulties, postbirth grief, and relinquishing trauma, especially during the handover time. [31] [32] [39] [43] [48]
- Negligence and Dismissal: Some surrogates faced negligence from medical teams, with nurses reprimanding them for crying during or after the handover, highlighting the prioritization of the child over the surrogate’s well-being. [39] [43] [48]
Comprehensive legal frameworks and support systems are crucial to protect surrogate rights and welfare. 21 22 24 Surrogates should have access to independent legal counsel, health insurance, psychological support, and the right to choose their medical team. 25 Additionally, continuity of the bond between surrogates and intended parents should be encouraged, rather than the abrupt disposal of the “mother-worker” after delivery. [33]
Conclusion
The Israeli military’s gross violations of human rights and the exploitation of surrogate mothers in Nepal by gay Israeli couples are appalling atrocities that must be condemned [40]. The United States’ decision to impose sanctions on the Netzah Yehuda battalion is a commendable step towards holding these abusers accountable. However, this is just the beginning. We must continue to expose Israel’s discriminatory surrogacy practices, which favor heterosexual couples and perpetuate the commodification of women’s bodies. The despicable act of airlifting babies born to surrogate mothers in Nepal while leaving the mothers behind is a blatant disregard for human dignity and a slap in the face to the very concept of motherhood.
The LGBTQ+ community and allies must unite in rejecting Israel’s manipulation of queer rights as a political tool to whitewash its human rights violations [40]. We cannot allow the symbols of our struggles to be co-opted by a regime that perpetuates oppression and discrimination against marginalized groups, including surrogate mothers and their children. It is time to amplify the voices of queer and trans-Palestinians, who refuse to let their identities be used as fuel for Israel’s genocidal campaign against their people.
FAQs
About Breaking the Silence and Related Topics
1. What is the origin and purpose of the Breaking the Silence movement?
Yehuda Shaul, Jonathan Boimfeld, and Micha Kurtz initiated Breaking the Silence in June 2004 in Tel Aviv. They organized an exhibit showcasing photos and videotapes from their mandatory military service in Hebron. The objective was to enlighten the Israeli public about the realities of military operations in the area.
2. Can the authenticity of Breaking the Silence’s publications be trusted?
Yes, the authenticity of Breaking the Silence’s publications is maintained through a rigorous verification process, and all materials are approved by the military censor as mandated by law. This ensures that everything published is both legitimate and compliant with legal requirements.
3. Who currently leads Breaking the Silence?
According to the latest information, Avner Gvaryahu, born between 1983 and 1984, is the executive director of Breaking the Silence, a non-profit organization based in Israel.
4. How many United Nations Security Council resolutions has Israel been found to violate?
According to an article by the International Legal Resource Center (ILRC), Israel has breached 28 resolutions the United Nations Security Council issued. These resolutions are legally binding for all member nations of the U.N.
References
[1] – https://www.bbc.com/news/world-middle-east-68925495
[2] – https://www.youtube.com/watch?v=EDUdL1Xhhpk
[3] – https://thehill.com/policy/international/4630363-us-israeli-military-violated-human-rights/
[4] – https://prospect.org/world/2023-11-10-israeli-civil-human-rights-degrade-in-war/
[5] – https://theintercept.com/2024/05/23/aipac-donor-stephen-rosedale-idf-netzah-yehuda/
[10] – https://www.bbc.com/news/world-middle-east-68925495
[11] – https://il.usembassy.gov/putting-human-rights-at-the-center-of-u-s-foreign-policy/
[14] – https://www.foreignaffairs.com/israel/can-americas-special-relationship-israel-survive
[15] – https://obgyn.onlinelibrary.wiley.com/doi/full/10.1002/ijgo.12362
[16] – https://www.worldwidesurrogacy.org/blog/nepal-quake-hits-home-for-intended-parents-with-surrogates
[19] – https://www.aljazeera.com/opinions/2014/8/9/against-the-pinkwashing-of-israel
[20] – https://www.yesmagazine.org/social-justice/2024/02/05/israel-palestine-gaza-genocide-queer
[21] – https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7394089/
[22] – https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4126251/
[23] – https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7538442/
[25] – https://www.conceiveabilities.com/about/blog/surrogate-rights
[26] – https://www.unicef.org/media/115331/file
[27] – https://academic.oup.com/book/25412/chapter/192544719
[28] – https://peacepolicy.nd.edu/2024/02/27/a-call-for-an-international-solidarity/
[29] – Crowds gather across Nova Scotia to protest changes to Biodiversity Act | CBC News. https://www.cbc.ca/news/canada/nova-scotia/nova-scotia-protest-biodiversity-act-1.5969969
[30] – Israeli Civil and Human Rights Degrade in a Time of War – The American Prospect. https://prospect.org/world/2023-11-10-israeli-civil-human-rights-degrade-in-war/
[31] – (2024). Israel: ICJ hearings over Israel’s alleged breaches of the Genocide Convention, a vital step to help protect Palestinian civilians. MENA Report, (),.
[32] – (2023). LDP’s Motegi, Blinken Vow Stronger Ties with Global South. Jiji Press English News Service, (),.
[33] – (2019). Cameroon, United States: Van Hollen, Cardin, Durbin, Kaine Introduce NDAA Amendment To Halt Security Assistance To Cameroon. MENA Report, (),.
[34] – (2024). A missile from Lebanon kills 2 Israeli civilians as the Israel-Hamas war rages for the 100th day. Columbian, (), A.7.
[35] – Herington, M. (2018). Energy access transitions in South Asia: A study of positive deviance and the enabling mechanisms for social change at the community level. https://doi.org/10.14264/uql.2018.825
[36] – Impact: Addressing discrimination in Israel’s surrogacy law | University of Essex. https://www.essex.ac.uk/research/showcase/addressing-discrimination-in-surrogacy-law-israel-lgbtq-single-people
[37] – No Pride in Genocide: Calling Out Israel’s Pinkwashing – YES! Magazine Solutions Journalism. https://www.yesmagazine.org/social-justice/2024/02/05/israel-palestine-gaza-genocide-queer
[38] – Chairman Crowley, Congresswoman Meng Statement on Trump Decision to Target Nepalese for Deportation | The Bronx Chronicle. https://thebronxchronicle.com/2018/04/29/chairman-crowley-congresswoman-meng-statement-on-trump-decision-to-target-nepalese-for-deportation/
[39] – Surrogacy in Nigeria: Is it Legal? How to Go About It and All You Need to Know » PIECE — WITHIN NIGERIA. https://www.withinnigeria.com/piece/2023/06/23/surrogacy-in-nigeria-is-it-legal-how-to-go-about-it-and-all-you-need-to-know/
[40] – National Law University, D. (2017). Should Compensated Surrogacy Be Permitted or Prohibited? https://core.ac.uk/download/216751062.pdf
[42] – https://www.axios.com/2024/04/20/us-israel-sanctions-idf-west-bank
[45] – https://www.dailymail.co.uk/home/search.html?s=&authornamef=Sophie+Jane+Evans+For+Dailymail.com
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