The Israeli government insists that Hamas formally sanctioned sexual assault on October 7, 2023. But investigators say the evidence does not stand up to scrutiny. Catherine Philp and Gabrielle Weiniger report on eight months of claim and counter-claim
Talk of rape began circulating almost before the massacres themselves were over. Much of it came from what Patten would later call “non-professionals” who supplied “inaccurate and unreliable forensic interpretations” of what they found, creating an instant but flawed narrative about what had taken place.
Meanwhile, the political establishment has opened a fresh battle with the UN over what the Patten report didn’t say: that sexual violence was beyond reasonable doubt, systematic, widespread and ordered and perpetrated by Hamas. Israeli advocates for the female survivors are now warning that the country’s refusal to co-operate with a full and legal investigation, which the carefully worded report was not, threatens the prospect of ever finding out the full truth about the sexual violence of October 7 and delivering justice for its victims.
It was not a legal investigation, Patten explained, as Israel had not allowed one: that mandate could only be fulfilled by the Independent International Commission of Inquiry on the Occupied Palestinian Territory, which Israel has refused to work with since its inception. She hoped that would change.
Patten made it clear there was sufficient evidence of acts of sexual violence to merit full and proper investigation and expressed her shock at the brutality of the violence. The report also confirmed Israeli authorities were unable to provide much of the evidence that political leaders had insisted existed. In all the Hamas video footage Patten’s team had watched and all the photographs they had seen, there were no depictions of rape. We hired a leading Israeli dark-web researcher to look for evidence of those images, including footage deleted from public sources. None could be found.
I get what you’re saying but I’m pretty sure it matters in international law for additional charges against Hamas leadership. There’s, tragically, sexual violence in basically every conflict, and individuals who do it have committed a crime for sure. But proving it’s systematic and used as a tactic would make higher ups in Hamas guilty of (even more) war crimes.
So, it is important for prosecuting Hamas leadership that there be a proper, legal investigation and that it be proven to be either knowingly allowed or (even worse) ordered as a tactic.
Obviously, Hamas and Israel have both committed enough war crimes already that the senior leadership will likely be found guilty of something at The Hague (if ever arrested). But properly accounting for all of the war crimes is important for both justice and history.
I mean, sure. Modern international law defines it as a war crime if you're not preventing your troops from raping as any kind of common occurrence, which is obviously how it should be defined, but is actually pretty recent that it works that way.
But yes I agree, we could probably charge the commanders with more if we could prove that they were explicitly approving of it. Honestly, thinking of taking half the Israeli cabinet and all of the Hamas leadership to the Hague just makes me sad because of how unlikely it is to happen. But yes that would be a great if that could happen and is obviously the right answer if you look at what either of them have done (and are still doing.)
My point was, it's not like the lack of proof that it was approved by the leadership makes it this kind of "gotcha" like OP's article makes it out to be, by cleverly adjusting the language to slip phrases like "does not stand up to scrutiny" in there without technically lying and trying to say that Hamas didn't rape lots and lots and lots of people. That's why I say it's a skillfully deceptive article; it's honestly pretty impressive how it's put together, in a sick sort of rape-apologist type of way.
Once again do explain why israel is blocking the UN investigation? Surely if it would reflect negatively upon Hamas israel would cooperate with it.
Israel hosted the UN investigation, both presenting to them their evidence and letting them travel around in Israel to the impacted areas, and letting them go around on their own including visiting the West Bank and meeting with Palestinian representatives.
They did make some effort, apparently, to dictate what the parameters of the investigation and report needed to be, which the report authors rejected which made the Israelis mad. Then they did the investigation and wrote their report anyway.
I honestly don't know what you mean by "blocking the UN investigation," but I suspect that it has to do with the Israeli government's non-cooperation with the investigative team at times, and rejection of a more thorough investigation, which I suspect was caused by them wanting to be able to lie without anyone investigating their lies. To me, that's a positive thing about the report and investigation, not a negative thing. If it's attempting to be objective in a way which angers Israel, including debunking some Israeli lies, then good.
Israel did not host a UN investigation. The Patten visit was not UN mandated. She was invited by israel for a propaganda tour nothing more.
Dude I don't want to just feed into the Gish Gallop indefinitely 🥲
I am curious, what exactly do you mean by Israel blocking the UN investigation? I know what the report says in section II(A) which sort of matches that description; I know they gave some resistance to the idea of investigating, but I am curious exactly what behavior you're talking about, so I can deal with what you're claiming a little more directly if I feel like investing the time into it.
Then read the post you are in before jumping to defend israel. Why is israel blocking the UN investigation?
I forgot what conversation I was in 🥲
I've answered the question of why I think Israel has given resistance to the investigation in general. "I suspect was caused by them wanting to be able to lie without anyone investigating their lies" was what I said. (And, actually, I would add to that just a general hostility to the UN based on the fact that the UN keeps pointing out that they're doing war crimes and wanting to investigate IDF sexual violence and similar things the Israelis don't want.) I've asked for more details about exactly what you mean, if you want a more specific answer pertaining to some more specific behavior on Israel's part.
If you want to provide those details, I'm happy to provide that more detailed answer, and if not, I'm not sure what else I could do. I'm aware that this whole conversation is an attempt by you to pivot away from the question "did Hamas rape a bunch of people?", so I'm a little reluctant to give it any energy at all, but I did say I would answer anything you wanted to ask, so there's the answer.
A sexual violence investigation does not require every UN investigative team to visit. It requires the one specialized in sexual violence.
Also strange that they invited Patten if they are so afraid of a real investigation...