Denial, Obfuscation, Bombast: Arguments Over Gender-Based Violence on October 7
NOTE: This article deals entirely with the accusations of sexual assault on October 7 and the debate over them as a political phenomenon. I did not have any need to relay any of the lurid or graphic details that appeared in many media reports, although some of them do appear in articles linked below. But if the subject itself is too upsetting, you can just scroll down to the end for a list of my other articles and media appearances from the past month.
One of the most heated aspects of the October 7 attack by Hamas on Israel is the allegation of widespread and organized sexual assault being used by the organization as a weapon of war. It is an accusation that has been vexing in many different ways, as many supporters of Israel, as well as a significant sector of those who oppose Israel’s genocidal war on Gaza, have been terribly dismayed at what they see as a lack of empathy from supporters of Palestinians for acts that are horrifying on the most fundamental level and cannot possibly be excused, or even contextualized, within the realm of resistance to oppression.
Yet, for many Palestinians and their allies, there is a grave concern that this outrage is being used and manipulated to justify genocide, and that the evidence supporting it is thin and questionable. If those concerns are valid, then it also feeds into significant Islamophobic stereotypes that could serve to fuel not only the conflict in the Middle East but also blowback against Muslims and Arabs outside the region.
I have been looking at this question from the start because it is something very unusual in the case of Palestinian attacks on Israelis. Sexual assaults have been reported by both sides over the years, but compared to other conflicts, they have been relatively infrequent until now. Hamas, which bases a great deal of its appeal on its Islamic tradition, would have a lot to lose if they were seen to be actively practicing sexual abuse. And there has been an increase in reports I have seen regarding Israeli sexual abuse of Palestinian prisoners. So, from the time this allegation surfaced, I have been closely following all the sources I can.
In the nearly three months since October 7, it’s become clear to me that sexual assault was committed on that day, and it was not just one or two random events. However, there is no evidence, aside from confessions under Shin Bet “interrogation” that are obviously worthless, that this was planned by Hamas leadership. Given that many of those who penetrated the wall surrounding Gaza and went into Israel were not Hamas and included both members of other factions and some who simply saw an opportunity and seized upon it, it is entirely possible that few, perhaps even none, of the assailants were Hamas members.
I stress the point that “there is no evidence,” as it is always important to bear in mind that the absence of evidence does not necessarily mean something is untrue. It is possible that the Hamas leadership will at some later date be shown to have been involved here. But thus far, there is no evidence supporting that.
There was an immediate reaction to the accusations of sexual violence that seemed to suggest that such actions in the broad context of conflict are unusual. In fact, what’s been unusual in terms of Palestinian attacks on Israelis over the years is the comparative absence of such allegations. That has gone both ways, although it’s important to stress the word “comparative” in that sentence. There is also the question of reporting such assaults, which always dramatically lowers the numbers, in or outside of conflict. Still, reports of sexual violence has been much less a part of the violence in Palestine and Israel over the years than what one might expect in conflicts, especially long-term ones.
Still, it is crucial that such allegations be treated with the utmost seriousness. The thing is, contrary to what we have heard from Israel and its supporters, the allegations have been taken seriously. Yes, it took some time to even draw a prima facie case of sexual assault on October 7, but that was due, in the early days after the attack, to lack of evidence, lack of any testimonies, and frankly, Israel’s abominable record of lying about so many things since it began its assault on Gaza. Slowly, though, credible evidence has gradually emerged that does support the allegations. Certainly there’s been more than enough to warrant a serious, unbiased investigation (which means it can’t be done by Israel).
But whether the rapists were acting under orders or, as so many soldiers do, on their own, the crime is no less horrific. It demands accountability. But it does not justify Israel’s actions since that day. The murder of over 21,000 Gazans, the injuring of over 56,000 more, the destruction of 70% of the homes in Gaza, as well as most of the health care infrastructure, the intentional starvation and deprivation of water and basic medical supplies, the effort to ethnically cleanse the Strip and thus land what Israel clearly hopes is a mortal blow to the Palestinian national movement is not mitigated one iota by the incidents of sexual assault on October 7.
Similarly, the siege on Gaza for 17 years, the occupation of 56 years, and the ongoing Nakba of 75 years does not mitigate, much less justify, any of the gender-based violence of October 7 or attacks on civilians. Hopefully, this makes my position clear. ‘
A sober assessment is needed of this question of sexual assault on October 7. It is being used to generate outrage and, by extension, support for the genocidal attacks on Gaza. It is also being used, cynically and in bad faith, as evidence that supporters of Palestinians believe anything is permissible if the targets are Jews. It’s important to maintain our ethics in the face of these horrors. Any movement for justice must, perforce, include militant opposition to gender-based violence, as well as equally fervent opposition to reinforcing Islamophobic tropes and, in general, must try as best we can to cut through the fog of war and reach some reasonable conclusions.
In general, accusations of sexual assault are notoriously difficult to prove, even in civilian life, let alone in a zone of intense conflict. For decades, that has meant that sexual predators can act with impunity, and in many cases, that remains true. In recent years, many of us have adopted the practice of “believing women,” and with good reason.
One need not be a woman (or a target for gender-based violence of any gender identity) to recognize the ubiquity of sexual harassment, assault, and violence. Few indeed are those who can say that either they or someone close to them has not at some point been the target or victim of some gender-based violence. And most of those who can say it simply haven’t been told about it by their friends, family, or acquaintances who have been through it.
Women making false accusations of such crimes are exceedingly rare, though, of course, it happens (what doesn’t?). And, while belief in women may not rise to the standard of proof required by law, it can have significant social and professional consequences. In my view, that is not a perfect solution, but believing women has been a clear net positive.
In the case of October 7, however, we were not given any women to believe. We were given second- or third-hand reports, almost entirely from Israeli officials, who have been caught in too many lies to count since October 7. Other reports came from the volunteer organization ZAKA, which has already been shown to have spread false information about October 7, knowingly or otherwise, and has a long history of fabrication and questionable actions.
Other reports have also undermined their own credibility. For example, a Haaretz report on November 30 claimed that the work of Dr. Cochav Elkayam-Levy and her Civil Commission that is investigating the October 7 attacks “leaves no room for doubt.” But it neglects to mention Elkayam-Levy’s former employment working in Israel’s Attorney General’s office where she, among other duties, authored a manual on how to force feed hunger-striking Palestinian prisoners. More to the point, the Haaretz article itself confirms that Elkayam-Levy had not talked to a single witness, let alone any surviving victim. While it's certainly possible to draw some speculation on that sort of indirect or circumstantial evidence, to claim that it is conclusive is simply false.
Even The Forward, in its initial report on the events of October 7 noted that the IDF did not initially confirm the accusations of rape, and did not do so until October 21, two weeks later. By that time, numerous stories of atrocities, including some parroted by Joe Biden in his attempt to build support for genocide, had turned out to be fabricated. And the IDF has been caught at so many lies during the war that—even beyond the fact that in time of war, no one should ever take either side’s military or political leadership’s word for anything without substantiation—it was absolutely unreasonable to take their accusation at face value.
Anyone who leapt from those very real points to outright denial of sexual assault on October 7 was clearly off-base and jumping to the conclusion they wanted to reach. Denial of the events of that day is neither rational nor advantageous. But it did mean there was a need to wait for more information, rather than leap to the conclusion that too many people did: that there was a conspiracy of silence that tolerated such actions.
Subsequently, Physicians for Human Rights-Israel, in November, and the New York Times, just last week, came out with in-depth reports that went further in substantiating the accusations. Yet even these fell short of conclusive proof. PHR-I makes it clear that their paper “does not attempt or aim to meet legal thresholds.” This is significant because, unlike an investigative journalistic piece, such an aim is usually what human rights reports target. Instead, PHR-I’s report relied mostly on media reports, and a few interviews with third parties. They make this clear, and certainly it was the best they could do, but these sources do not lead to the sort of firm conclusions one expects from a human rights organization’s reports and give the impression of a report hastily published based on political pressure or strategy.
Still, in my view, their report does enough to credibly establish that sexual assaults occurred. The testimonies they gathered are impactful and the video and visual evidence they report certainly indicates incidents of sexual assault, often with marked aggression. PHR-I calls for a credible investigation, and that much is certainly warranted by the evidence they present.
The New York Times piece—which does its readers a severe disservice by sensationalizing a lot of the report and clearly aiming more for the heart than the head when sober evidence is what is needed from journalists on this matter—also offers enough credible evidence to substantiate the fact of sexual assault. Again, it would not meet any legal standard of proof, but if both PHR-I and the Times are participating in a propaganda effort to falsify these allegations, it is remarkably well-coordinated, something which has not been a hallmark of Israeli hasbara efforts these past three months.
Yet, again, the Times, like Haaretz before it, undermines its own message by headlining its piece, “How Hamas Weaponized Sexual Violence on Oct. 7.” The article provides no evidence whatsoever that this is what happened. It provides a mixed bag of evidence, some bits more convincing than others, but certainly a significant amount that must be taken as credibly supporting the accusation that sexual assault and gender-based violence occurred. Unless the journalists were actively lying about evidence they claimed they had seen, it’s pretty compelling evidence for the public sphere (again, this is not a court of law standard). Which only leads to the question, why undermine it with claims that are not substantiated at all?
There simply is no evidence whatsoever that the gender-based violence was a planned component of the October 7 attack. And considerable evidence is required, since such actions are uncharacteristic of Hamas historically; undermine its image to the Palestinian public of a nationalist, but devoutly Islamic militant group (one that, it should be noted, bitterly fought against ISIL in part on religious grounds when they attempted to gain a foothold in Gaza); and feed directly into the false and ignorant slogan that “Hamas = ISIS.”
The unsubstantiated idea that Hamas planned this aspect of the October 7 attack plays a significant role in the blinding anger which leads many in the West to support Israel’s genocide in Gaza. At the same time, the refusal to acknowledge that the preponderance of evidence we have thus far strongly suggests that sexual assault occurred and was not merely one or two isolated episodes sharpens that same anger.
Here’s what is not true: no one is covering up the sexual atrocities of October 7 because they happened to Jewish women (especially because, based on what we know about those killed, injured, and kidnapped that day, not all the victims were Jewish). There were good reasons to be patient about the accusations at the outset, and, although credible evidence has emerged since then, it is still not clear what the scope and scale of this aspect of the rampage was, or whether it was planned.
Unfortunately, the nature of these crimes provoke intense reactions in people, as they should. Thus, while many were, reasonably, struggling with the question of what really happened on October 7, others were angry and frustrated by the lack of immediate response. And the split in what the two camps hear every day from disparate media sources, both social and traditional, has sharpened this into yet another ugly aspect of this horror.
There are many crimes that were committed on and since October 7. We should stand for accountability for all of them. Sexual violence is appalling, as is genocide, ethnic cleansing, and the intentional targeting of civilians and civilian infrastructure. Now is not the time to deny any of what has happened. Now is the time to look with critical thought at all allegations, because whether the crime in question is sexual assault or genocide, these are mind-numbing horrors that must be prevented and those who are or have perpetrated them must be held to account.
But right now, the priority must be to stop any more of them from happening. And that requires sober thinking and sticking to the facts in evidence. We who are not in Palestine or in Israel are responsible for doing that. We must be the cooler heads since we didn’t experience any6thing like October 7, much less the nightmare of Israel’s onslaught since then.
This is precisely what the United States leadership in the White House, State department, and Congress have all refused to do. On the contrary, they have fueled Israel’s fire and backed genocide to the hilt, while we are out here trying to change this course. No part of that effort should be weighed down by seeing only what we want to see. Justice only works when it’s justice for all. That is the very core of the movement for Palestinian rights.
Recent Article And Media Appearances
REPORT LAUNCH: Presumptively Antisemitic: Islamophobic Tropes in the Palestine-Israel Discourse
On December 15, I joined Prof Sahar Aziz and JVP Board member Jonathan Matz for the launch of Sahar and my report, Presumptively Antisemitic: Islamophobic Tropes in the Palestine-Israel Discourse. You can watch the whole event at the link above and you can find the report here.
The Assassination Of Palestinian Poet Refaat Alareer & The Witch-hunt On College Campuses
On December 12, Sahar and I discussed our paper on the Katie Halper Show.
Israel-Gaza: Does Islamophobia play a part in US foreign policy? | UpFront
On December 15, Al Jazeera English aired this wonderful interview Sahar and I did with my friend and co-author, Marc Lamont Hill on Marc’s show, UpFront.
The bipartisan attack on Palestine solidarity is higher than ever
https://mondoweiss.net/2023/12/the-bipartisan-attack-on-palestine-solidarity-is-higher-than-ever/
I weighed in on the travesty of the House witch hunt on academia, spreading antisemitism under the guise of fighting it.
Biden administration’s flawed response to Yemen attacks increases possibility of regional war
I analyzed developments in the Red Sea as Ansar Allah (colloquially referred to as the Houthis) stepped up their attacks on Israel-linked vessels in response to Israel’s genocidal campaign in Gaza.
Israel announces its Gaza endgame: Ethnic cleansing as ‘humanitarianism’
I looked at the new term in Israel’s Orwellian lexicon, “voluntary migration,” which it is now using as a euphemism for the ethnic cleansing of Gaza
Finally, one last note. There has been renewed interest in the book I co-authored with Marc Lamont Hill, Except for Palestine: The Limits of Progressive Politics. I’m a bit ambivalent about the reasons, obviously, but many are saying that they are finding it very useful for contextualizing the current moment in U.S. policy toward Palestine. If you have friends that might find it helpful, or if you yourself might, you can order a copy from an independent bookseller here.
Also, follow me on Twitter @MJPlitnick; at Facebook https://www.facebook.com/MitchellPlitnick; on Bluesky @mjplitnick.bsky.social; Threads @mjplitnick; or Mastodon @MitchellPlitnick@journa.host for my latest hot takes, comments, and news updates.
This is an old and very valuable article but I am just seeing your substack now. Masha Gessen also wrote a really great piece in the New Yorker on this subject in 2024. After that they were no longer with the New Yorker, and became a rarely used , but valuable, opinion writer at the NYT. It was uncharacteristic that one could find no explanation of why they were let go but I could not help but think that the very thorough investigation done on the question of systemic rape charges would have been offensive to others.