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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[–] mozz@mbin.grits.dev 12 points 5 months ago (1 children)

Not a Zionist by any means, but happy to answer in case it's directed in my direction

Do you think that Israeli soldiers and leadership should be judged for the sexual assault of Palestinians with the same severity as Hamas members who committed, allowed or promoted sexual violence against their captured prisoners?

Yes. (Actually more severity for a couple of different reasons.)

This is the type of question that's super easy to answer. Yes, anyone on any side who is raping should be punished. That's, honestly, my whole point in getting all up in arms about "let's not worry about that rape because of which side is doing it" narratives like OP's.

Who should conduct the appropriate investigation and trial?

The ICC

[–] SuddenDownpour@sh.itjust.works 6 points 5 months ago (1 children)

in case it’s directed in my direction

I mean zionists specifically because I see some from time to time justifying the extreme damage Israel has committed against civilians, some making a lot of effort to paint Hamas as a bunch of barbarians to further support that position. I only remember seeing you in this thread, and from your posts in it, you don't seem to be doing that.

That’s, honestly, my whole point in getting all up in arms about “let’s not worry about that rape because of which side is doing it” narratives like OP’s.

Bit off-topic in this comment chain (it would fit yours better) but: whenever I've seen someone or an organization pushing positions such as OP's article, there are a few valid reasons:

  • Some media did rush to claim sexual violence far before they had any evidence of it, especially soon after the 7th of October, which should be scrutinized.

  • There are differences between: A) Sexual violence committed by an individual or a few, B) That violence being tolerated by their superiors, and C) That violence being supported by their superiors. This distinction is important, since a very large organization having monsters in its ranks isn't statistically strange (and modern, well-run organizations make sure to punish those monsters and bringing them to one form of justice or another), but that organization not taking measures against those monsters or even promoting their behavior is far more serious.

  • Plenty of media has ignored and continues to ignore the previous differences, and now that there is evidence of A, they use it to claim C.

  • Those bad journalistic practices get used to promote violence against innocent Palestinians and support jingoistic horror.

Personally, I had no doubt that there would be monsters in Hamas who would abuse the prisoners in their captivity, but the organization itself has an interest in making sure that the prisoners who make it out alive say that they were treated humanely (as we've seen with some of them). Attacking civilians and taking them hostage is already really terrible to start with, but noting what's being done out of logical political goals and what's being done out of sheer sadism is important. If we compare Hamas with the Israeli government and army, we do currently already have evidence that the latter do at the very least tolerate abuse of Palestinian prisoners, apparently with gleeful support from much of Israel since they celebrate that violence by sharing it in social media.

Could there be people taking positions aesthetically close to mine who are, however, defending them in bad faith, as they just want to shield Hamas? There must be some, but the environment is heated enough that anyone who doesn't take a nuanced enough position is going to be called out sooner than later. Although figuring out the most reasonable positions is far more important, in my view.

[–] mozz@mbin.grits.dev 4 points 5 months ago* (last edited 5 months ago) (1 children)

Some media did rush to claim sexual violence far before they had any evidence of it, especially soon after the 7th of October, which should be scrutinized.

The Israeli government made up some crazy imaginary shit that they had been victims of, because that's in their DNA at this point, and some people in the press believed them who should have known better. But also, there was a flood of victims of the attack who came back saying they had been raped. That infamous NYT story consists of a whole bunch of accurate information and then a couple made up stories from Israel's government, and for some reason everyone remembers it as all made up or a rush to judgement or whatever, when the main thrust of the article was true (as validated by the later in-depth UN investigation which found a shitload of evidence of systemic rape whether sanctioned or otherwise.)

There are differences between: A) Sexual violence committed by an individual or a few, B) That violence being tolerated by their superiors, and C) That violence being supported by their superiors. This distinction is important, since a very large organization having monsters in its ranks isn't statistically strange (and modern, well-run organizations make sure to punish those monsters and bringing them to one form of justice or another), but that organization not taking measures against those monsters or even promoting their behavior is far more serious.

I... more or less agree with this. I think you might be understating the scale of Hamas's sexual violence or the degree to which it's sanctioned by their leadership. But yes, Israel's in more of a position of power, and they're more organized about it; I agree. I honestly don't even want to compare the degree of cruelty involved on the two sides because what's the point; they're both horrible.

Personally, I had no doubt that there would be monsters in Hamas who would abuse the prisoners in their captivity, but the organization itself has an interest in making sure that the prisoners who make it out alive say that they were treated humanely (as we've seen with some of them). Attacking civilians and taking them hostage is already really terrible to start with, but noting what's being done out of logical political goals and what's being done out of sheer sadism is important.

I think you should read the UN report, if you have not. I'm not aware of any attempt at treating the prisoners, or deceased victims of the violence before they died, humanely. From the organization or the individuals. Do you have a source for this, like interviews with hostages where they said they were treated humanely, or something? What's in the UN report describes the exact opposite of that.

I wouldn't try to excuse Hamas just because their root cause is just. Israel specifically props up Hamas and funds them because they are the most violent and corrupt faction in Palestine, and they will do monstrous things which can then be used to "justify" Israel's crimes which it wanted to do anyway.

Although figuring out the most reasonable positions is far more important, in my view.

Honestly, like I say, to me it's not super complicated. Punish the guilty (which in large part means stop shielding Israel from prosecution for their crimes; certainly no one is making much of any attempt to shield Palestine from the consequences of Hamas's crimes.) How to do that and how to arrive at peace is complex, but "is this war crime that whatever people did, a war crime" is a lot simpler: The answer is yes.

[–] SuddenDownpour@sh.itjust.works 4 points 5 months ago* (last edited 5 months ago) (1 children)

I think you should read the UN report, if you have not

I'll give it a look later. You linked it in this thread, correct?

Do you have a source for this, like interviews with hostages where they said they were treated humanely, or something?

From the first few weeks of the conflict:

https://www.reuters.com/world/middle-east/freed-israeli-hostage-says-she-was-well-treated-after-initial-violence-2023-10-24/

From her words, it looked like the conditions were terrible, but they made efforts to try and minimize the harm. It's likely that the treatment they gave the hostages varied wildly.

Honestly, like I say, to me it’s not super complicated. Punish the guilty (which in large part means stop shielding Israel from prosecution for their crimes; certainly no one is making much of any attempt to shield Palestine from the consequences of Hamas’s crimes.) How to do that and how to arrive at peace is complex, but “is this war crime that whatever people did, a war crime” is a lot simpler: The answer is yes.

Agreed with everything here.

[–] mozz@mbin.grits.dev 4 points 5 months ago

I'll give it a look later. You linked it in this thread, correct?

Yeah. This is their press release with the quick summary, and this is the full report.

From her words, it looked like the conditions were terrible, but they made efforts to try and minimize the harm. It's likely that the treatment they gave the hostages varied wildly.

Yeah, agreed. I'd imagine there's a lot of variability.

The report talks about what they found interviewing returned hostages on page 18:

  1. The mission team reviewed incidents of alleged sexual violence related to hostages in Gaza. Based on the first-hand accounts of released hostages, the mission team received clear and convincing information that sexual violence, including rape, sexualized torture, and cruel, inhuman and degrading treatment occurred against some women and children during their time in captivity and has reasonable grounds to believe that this violence may be ongoing.

  2. Based on first-hand accounts of released hostages there are reasonable grounds to believe that female hostages were also subjected to other forms of sexual violence.