34 No. 78 JUSTICE legally sound and morally justified and obviates the need to prove which assailant committed a specific act or to establish a specific link between an individual perpetrator and an individual victim – a linkage that is generally impossible in the circumstances of a mass attack employing sexual violence as a weapon of war. The application of these doctrines for the purpose of establishing criminal responsibility also alleviates the need to identify evidence proving specific planning of sexual violence as a weapon of war, as such proof becomes unnecessary in light of the governing principles of this framework. It is important to emphasize that we are not referring to joint responsibility in the sense of “collective punishment,” namely, the extension of liability to every individual belonging to the broader population from which the group emerged. Rather, the intention is to ascribe responsibility only to those who have knowingly and voluntarily chosen to be part of the group, with full awareness of the indoctrination underlying it, consent and willingness to take part in conduct directed toward the realization of its objectives. Indeed, joining such a group, in circumstances of awareness of its indoctrination, gives rise to the necessary inference of consent to that indoctrination and a willingness to participate in the advancement of its aims. It is further essential to note that to establish joint or derivative responsibility, all the constituent elements of the doctrine must be firmly substantiated on a sound evidentiary basis. A rigorous and exacting application of these requirements serves to prevent an overbroad extension of liability to individuals in respect of whom the doctrinal criteria are not satisfied. By way of illustration, regarding the events of October 7, joint responsibility cannot be attributed to an individual who independently entered southern Israel for the purpose of looting, absent any awareness of the underlying indoctrination and without having formed part of the original attacking group. Similarly, it is clear that where participants in an attack raise defenses that negate the elements necessary to establish such responsibility, they must be afforded the opportunity to do so; and where it is determined that the requisite elements of the doctrine are not met in their case, joint or derivative responsibility cannot be attributed to them. Summary A Quest for Justice – October 7 and Beyond sets out in detail the legal roadmap that may pave the road to prosecution and achieving accountability for crimes of conflict related sexual violence. This article provides a brief overview of the key legal conceptions presented in the book, as formulated by the researchers of the Dinah Project. The book’s central conclusion is that the prosecution of crimes of CRSV, and the attainment of justice for these crimes, is not an impossible task. It is a long journey that requires delving into the darkest recesses of human behavior and analyzing its criminal characteristics. And yet, despite the obvious difficulty involved, it is nevertheless an essential endeavor to achieve justice for the victims and survivors. The roadmap detailed in the book is neither theoretical nor philosophical; it is a practical and implementable guide. The path forward lies in the implementation of paradigms tailored to the phenomenon of conflict related sexual violence, and in embedding the principles articulated in the book within protocols, legislation, rules, and interstate and international legal instruments. This is a long, arduous, and painful journey – but one that must be undertaken, and without delay.n Sharon Zagagi-Pinhas Adv. Col. (Res.), former Chief Military Prosecutor of the IDF; Founding Member and Director of The Dinah Project; Co-Author of the book A Quest for Justice – October 7 and Beyond [Ruth Halperin-Kaddari, Nava Ben-Or, Sharon ZagagiPinhas, A Quest for Justice: October 7 and Beyond — Recognition and Justice for Victims of Sexual Violence in Conflict, The Dinah Project, Jerusalem (2025), available at https://l1nq.com/CgqXz]
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