this post was submitted on 10 Jun 2024
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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.

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[–] [email protected] 7 points 8 months ago* (last edited 8 months ago) (54 children)

Hello!

This article is a masterclass in slant. It's not attempting to cast any doubt on whether the report shows evidence that Hamas was and still is doing a bunch of sexual assault (to which the answer is pretty clearly yes.) Instead, it does some extensive hand-wringing over related but debatable questions, so as to create out of thin air an aura of controversy and flawed reporting where none exists.

Instead of asking:

  • Did Hamas rape anybody?

They ask:

  • Did this investigation find evidence that Hamas formally sanctioned sexual assault by its troops? (which is a separate question from, did it happen, but even whether the official sanction happened at all is pretty irrelevant as compared with whether the rape happened)
  • Was the investigation a legal investigation? Or just a team of experts gathering evidence and interviewing witnesses as they visited the sites where assaults were alleged to have taken place and then presenting their findings?
  • Did anyone find videos of Hamas raping people on the dark web?

It's a bunch of crap. The UN's press release summarizes the report that this article concerns pretty comprehensively, although the full report is also very accessible if you want to see some details or skip to some particular section of their conclusions and see exactly what they were and how they conducted their investigation and what they did and didn't find.

From the report:

"Based on the information gathered by the mission team from multiple and independent sources, there are reasonable grounds to believe that conflict-related sexual violence occurred during the 7 October attacks in multiple locations across Gaza periphery, including rape and gang rape, in at least three locations."

"With respect to hostages, the mission team found clear and convincing information that some have been subjected to various forms of conflict-related sexual violence including rape and sexualized torture and sexualized cruel, inhuman and degrading treatment and it also has reasonable grounds to believe that such violence may be ongoing."

That's the important part. Creating an artificial debate couched in slanted language over, was this a legal investigation or some other type of investigation, or were we able to find a Hamas fighter who was willing to confirm to a UN investigative team that his commander said it was okay if he did some raping, is a bunch of crap.

(That's separate from the issue of this person I've never heard of, saying that making false claims of rape would cause the Israeli government to work harder to release the hostages. That doesn't make a ton of sense to me and the rest of the article is so explicitly propagandist that I'm highly skeptical.)

Hey @[email protected] - I asked you for some details on your argument that Hamas couldn't have been raping anybody because that one released hostage didn't look pregnant. Do you want to restart that conversation?

I'm also happy to cite the evidence for anything I'm saying here or anything you want to ask about; I got tired of doing it after the first three times, the last time you posted basically this same article, but this is a whole new thread, so if you want to try just claiming confidently again that some particular things aren't in the report, I'm happy to show you where they are in the report.

[–] ShittyBeatlesFCPres 15 points 8 months ago (1 children)

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.

[–] [email protected] 1 points 8 months ago* (last edited 8 months ago) (1 children)

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.

[–] Linkerbaan -5 points 8 months ago (1 children)

Once again do explain why israel is blocking the UN investigation? Surely if it would reflect negatively upon Hamas israel would cooperate with it.

[–] [email protected] 2 points 8 months ago (1 children)

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.

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