UN report on alleged sexual violence by Hamas raises questions

By Serife Cetin

NEW YORK (AA) - A report released Monday by a team of UN experts addressing allegations of sexual violence during the Hamas-led attack on Israel on Oct. 7, 2023 has raised questions, as the information gathered did not include direct statements from actual victims and included witnesses of sexual violence victims.

Pramila Patten, the UN secretary-general's special representative on Sexual Violence in Conflict, and her team visited Israel and the occupied West Bank from Jan. 29 until Feb. 4 at the invitation of the Israeli government.

Speaking at a press briefing on the report, Patten said she and her team of experts held 33 meetings in Israel and visited a military base, a morgue and several locations where alleged sexual violence reportedly took place during the Oct. 7 attacks.

Noting that the team reviewed over 5,000 photos and around 50 hours of footage, Patten said they also conducted interviews with 34 people, including survivors and witnesses of the October attacks and released hostages, and met with families and relatives of hostages still held in captivity.

"Despite our efforts, on the very first day, I made a call for survivors to come forward. But we received information that a handful of them were receiving very specialized trauma treatment," she said.

Stressing that the visit "was neither intended nor mandated to be investigative in nature," Patten said the main purpose of the mission was to gather information for the UN secretary-general's annual report, which will be debated at the end of April.

Patten listed the limitations encountered during the information gathering process as follows: changes in the scene of the crime, a lack of professional forensic materials, unreliable interpretations and interventions by non-professionals, obstacles to accessing victims and distrust towards national and international organizations, including the UN.

- 'Reasonable grounds,' lack of evidence and perpetrator contradictions

"We also found that there are reasonable grounds to believe that conflict-related sexual violence including rape and gang rape occurred during the 7th of October attacks in at least three locations, namely the Nova music festival site and its surroundings, Road 232 and Kibbutz Re’im," she said, affirming that their mission was not investigative and thus they did not have findings or qualifications regarding who perpetrated the sexual violence.

Patten also argued that there are "reasonable grounds" to believe that sexual violence against hostages occurred and that such practices continue against current hostages.

Pointing to the lack of visible evidence in rape cases, Patten indicated that their research primarily relied on witness testimonies and circumstantial evidence.

- No connection between reality and alleged sexual violence in Kibbutz Be'eri

She noted that contrary to widespread claims in the media, they found no connection between reality and two disturbing sexual violence allegations in Kibbutz Be'eri.

She further emphasized that they collected information, not evidence, highlighting the need for a comprehensive investigation to clarify events and identify perpetrators.

On the report shared by Patten, the following statements were issued:

"In other locations, such as kibbutz Kfar Azza, while circumstantial information may indicate some forms of sexual violence, the mission could not verify reported incidents of rape. In Kibbutz Be’eri, the mission team determined that at least two allegations of sexual violence, which had been widely reported in the media, were unfounded. These included the graphically publicized case of a pregnant woman whose womb had reportedly been torn open, before she was killed, and her fetus stabbed while still inside her. In relation to the Nahal Oz military base, the team was not able to verify a reported case of rape, nor did it find a discernible pattern of genital mutilation in either female or male soldiers, though forensic analysis revealed injuries to multiple body parts, including genitalia."

- Sexual violence against Palestinians in West Bank

Voluntarily visiting the occupied West Bank, Patten said they met with Palestinian officials and representatives of civil society organizations there.

She said that allegations of sexual violence by Israeli forces and settlers in the West Bank were raised during the discussions and that the information they compiled there, along with information provided by other UN agencies, would be included in the Secretary-General's report.

Regarding their meetings in Ramallah, West Bank, Patten's written statement said "Interlocutors raised concerns about cruel, inhuman and degrading treatment of Palestinians in detention, including various forms of sexual violence in the form of invasive body searches, threats of rape, and prolonged forced nudity, as well as sexual harassment and threats of rape, during house raids and at checkpoints."

During her remarks, she repeatedly stressed that her mission collected information, not evidence, and noted the need for a comprehensive investigation to clarify events and identify perpetrators.

- UN reporters ask Patten questions

A number of reporters at the UN briefing asked Patten questions regarding her statements, pointing out shortcomings in the report.

One of the journalists criticized Patten for meeting with the Israeli search and rescue organization Zaka, which is associated with scandals, and asked: "If this is not an investigation, then what is the difference between your published report and a New York Times article?"

Patten acknowledged meeting with Zaka but argued that the content and purpose of her report were clear.

Asked whether she was concerned that implying ongoing sexual violence against detainees in the report might legitimize further violence in Gaza, Patten denied that and said there should be a cease-fire for hostages.

Another journalist questioned Patten on the report and said: "Why did you publish it without all the details being clarified?"

Patten responded by saying that the purpose was to contribute to the Secretary-General's report.

Asked about "numerous false news and propaganda, including claims of beheaded babies, being circulated. What measures have you taken to avoid such situations?", Patten stated that technical experts on the team are conducting independent verification efforts.

When reminded of the good treatment that some of the released hostages said they received and asked why she didn't meet with them, Patten described the hostages she met as "extremely credible."

- 'UN secretary-general did not attempt to silence'

Israeli Foreign Minister Israel Katz claimed that the UN report on sexual crimes alleged to have been committed during the Oct. 7 attack amounted to an "attempt to silence" information about Hamas’s “sexual violence” and announced that Israel had recalled its permanent representative to the UN for consultations.

Speaking to Anadolu about the matter, UN spokesperson Stephane Dujarric said "the secretary-general fully supports Pramila Patten's work. The work was comprehensive and conducted swiftly."

Dujarric emphasized that the UN chief did not attempt to silence anyone and said the report was publicly shared today.

*Writing by Merve Aydogan in Toronto, Canada