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<h1 class="gmail-reader-title">How human rights organizations are aiding the Israeli assault on Gaza</h1>
<div class="gmail-credits gmail-reader-credits">Lana Tatour</div>
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<div class="gmail-reader-estimated-time">December 12, 2023<br></div>
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<p>On November 26, Human Rights Watch (HRW) and Physicians for Human
Rights Israel (PHRI) each published a report. Both reports make serious
allegations against Palestinians, claiming that they have engaged in war
crimes and potentially crimes against humanity. The HRW report, “<a href="https://www.hrw.org/news/2023/11/26/gaza-findings-october-17-al-ahli-hospital-explosion">Findings on October 17 al-Ahli Hospital Explosion</a>,”
alleges that the Al-Ahli Arab Hospital in Gaza was hit by a misfired
rocket by Palestinians on October 17, while the PHRI report, “<a href="https://www.phr.org.il/en/gender-based-violence-eng/">Gender-Based Violence as a Weapon of War during the October 7 Hamas Attacks</a>,” accuses Hamas of committing sexual violence, including rape. </p>
<p>To be clear, sexual violence and rape allegations during October 7
should be investigated. Guided by antiracist and feminist commitments, I
assert that perpetrators of gender-based violence must be held
accountable. Victims, all victims — including Palestinians who are
subjected to sexual violence — deserve justice. The victims at the
Al-Ahli Arab Hospital deserve justice, too. But this is not what these
reports do.</p>
<p>A close reading of these reports shows that neither meets the best
practice standards of human rights reporting and research in the
industry, which HRW and PHRI tend to uphold. This time, however, the two
organizations have knowingly applied a different and significantly
lower threshold of evidence with regard to Palestinians. These reports
are based on <a href="https://mondoweiss.net/2023/12/findings-without-evidence-human-rights-watchs-report-on-the-al-ahli-hospital-attack/">speculations rather than evidence</a>
and a flawed methodology that amounts to unethical conduct. Neither of
the reports provides reliable or sufficient evidence to substantiate the
serious allegations they make.</p>
<p>While the headlines and executive summaries of the reports are
conclusive, in the reports, one can find disclaimers where the
organizations effectively admit that the reports are inconclusive. HRW,
for example, writes that a “full investigation is needed” into the
Al-Ahli explosion. Likewise, PHRI writes that the report “does not
attempt or aim to meet legal thresholds” — a caveat they do not include
in any of their other reports, including reports dealing with
gender-based violence.</p>
<p>HRW and PHRI are respected in the human rights community and would
have never published reports with such a weak evidentiary basis if the
object of investigation was Israel. The unethical conduct of HRW and
PHRI is made possible by anti-Palestinian racism. These reports
represent and feed into a global context of white supremacy,
Islamophobia, and anti-Palestinian racism. These organizations know that
when it comes to Palestinians, they will not face serious scrutiny or
demands for accountability by Western governments, media, and civil
society. </p>
<p>The reports cannot be viewed in isolation from current events, and
they dangerously feed into the orchestrated propaganda campaigns that
Israel is running, which aim at dehumanizing Palestinians as a means of
deflecting attention from and justifying the genocide in Gaza.</p>
<p>In what follows, I scrutinize each report in detail to demonstrate where they fall short of human rights reporting standards.</p>
<h2><strong>Timing </strong></h2>
<p>HRW and PHRI’s engagement with international law has always taken a
liberal and narrow approach, often ignoring context and politics. One
significant example is the <a href="https://www.hrw.org/report/2021/04/27/threshold-crossed/israeli-authorities-and-crimes-apartheid-and-persecution">HRW Apartheid report</a>,
which ignores the root cause of apartheid in Palestine — the racial
ideology of Israeli settler colonialism. Instead, they see all parties
as equal, drawing a symmetry between “parties to a conflict” (as they
see it) regardless of power relations. </p>
<p>The timing of the release of the reports should be understood within
this context of refusal and erasure. On November 26, when the reports
were published, more than 12,000 Palestinians had been killed in Gaza by
Israel, and 4,000 more were estimated to be trapped under the rubble.
More than half of the population was already displaced and denied access
to water, food, and medicine. </p>
<p>Instead, these organizations chose to invest their time, resources,
and capital in making Palestinians — who are massacred and starved on a
daily basis — a target. Since October 7, HRW has published two reports
on Palestinian atrocities and has also sent a team to Israel to
investigate allegations of sexual violence, while PHRI has published a
report about Hamas attacks on health facilities in addition to their
current report. </p>
<p>HRW’s report on Al-Ahli Hospital came out as Israel declared war on the health sector in Gaza as one of its main <a href="https://twitter.com/middleeasteye/status/1729225625943027931?s=12">military objectives</a>.
Israel has denied the entry of medicine and other medical equipment and
has been systematically targeting ambulances and medical teams and
bombing hospitals, including Al-Ahli, Al-Shifa, the Indonesian hospital,
al-Awda, the cancer hospital, and other hospitals, taking most of
Gaza’s hospitals out of operation. The bombing of Al-Ahli Arab Hospital,
which is run by the Anglican church, has served, according to the
Palestinian surgeon <a href="https://twitter.com/MiddleEastEye/status/1729163515917680909?s=20">Ghassan Abu Sitta</a>, as a “litmus test for what they had planned to do to the rest of the health system.” </p>
<p>Palestinian civil society groups responded to the HRW report — and rightly so — with outrage. The BDS movement <a href="https://x.com/BDSmovement/status/1729559412258271298?s=20">pointed out</a>:
“The content and timing point to political motivation, not human rights
advocacy. US-based HRW has yet to take meaningful action to stop the
Gaza Genocide or call for a ceasefire”. Similarly, a <a href="https://mondoweiss.net/2023/11/palestinian-civil-society-organizations-deplore-premature-human-rights-watch-report-on-al-ahli-hospital-strike/">collective statement</a>
of two dozen organizations stated that “at a time when public trust in
independent fact-finding institutions is of paramount importance, this
HRW report weakens the credibility of human rights organizations and
places Palestinian lives at risk.”</p>
<p>The timing for the report of PHRI is no better. In mid-November, Israel launched a well-orchestrated international <a href="https://mondoweiss.net/2023/12/cnn-report-claiming-sexual-violence-on-october-7-relied-on-non-credible-witnesses-some-with-undisclosed-ties-to-israeli-govt/">campaign</a>, claiming that Hamas systematically used rape as a weapon of war on October 7. <a href="https://x.com/Heidi__Matthews/status/1732197900547915938?s=20">Netanyahu</a>
himself has used allegations of sexual violence to dehumanize
Palestinians as enemies of civilization and appealed to “civilized
leaders, governments, nations” to support Israel’s war on Gaza. </p>
<p>As part of this campaign, Israel’s foreign ministry announced that it
would leverage the International Day for the Elimination of Violence
against Women on November 25 to boost its campaign. PHRI released its
report on November 26. </p>
<p>Israel’s propaganda campaign is not about seeking justice for victims who deserve justice. In fact, Israel is <a href="https://www.ynet.co.il/news/article/byvzw0yln?utm_source=ynet.app.ios&utm_term=byvzw0yln&utm_campaign=general_share&utm_medium=social&utm_content=Header">ranked last </a>in
the OECD index for equality between men and women and is currently
widely distributing guns to citizens, a move that women’s groups have
warned puts women at risk of domestic violence. Israel’s sudden concern
for women is not about caring for their well-being and rights but about
weaponizing women’s bodies in order to justify war crimes, crimes
against humanity, and genocide.</p>
<h2><strong>Decontextualized and racist framing</strong></h2>
<p>Israel is doing all in its power to destroy everything in Gaza that can <a href="https://x.com/j_e_s_s_whyte/status/1731783214715560003?s=20">sustain human life</a>
with the aim of making it uninhabitable. It is eliminating and
destroying everything: the people, the health sector, infrastructure,
universities, mosques, churches, libraries, houses, residential towers,
bakeries, markets, grocery shops, municipality buildings, archives,
cultural centers, schools, entire neighborhoods, and refugee camps. Yet,
the two organizations refuse to engage with mounting evidence of
genocide and ethnic cleansing, and HRW is yet to call for a ceasefire.</p>
<p>During the current phase of the genocidal campaign, the two
organizations have refused to locate Gaza within the broader history and
present of settler colonialism in Palestine and, importantly, within
Israel’s goals of making Gaza uninhabitable and expelling its residents.</p>
<p>They published their reports while Israeli leaders were calling for
and carrying out another Nabka. This includes Israeli Prime Minister
Netanyahu, who instructed his Minister of Strategic Planning, Ron
Dermer, to explore ways to “<a href="https://www.israelhayom.co.il/magazine/hashavua/article/14889801">thin out”</a> the Gaza population to the possible minimum.</p>
<p>These reports serve the liberal obsession of HRW and PHRI for
appearing objective by focusing on “Palestinian atrocities” in order to
appeal to and appease Israeli and Western liberal audiences. But
releasing these reports should be understood as more than just a cynical
well-calculated move. Rather, they reflect an exceptionalist viewpoint,
where violence against Israelis is considered unconscionable, barbaric,
and monstrous, while Israeli violence against Palestinians is described
in sanitized and cold terms. Palestinians,<strong> </strong>as
non-white, are treated as statistical and common-sense figures of
suffering, displacement, dispossession, and death, while Israelis, due
to their proximity to whiteness,<strong> </strong>are seen as common-sense figures of life. Palestinian death is unfortunate — Israeli death is unacceptable.</p>
<p>However, the questionable timing and framing of both reports that
play into narratives Israel is promoting to assist its campaign in Gaza
are not the only issues with these reports. A specific analysis of each
one also shows how they fail to meet the professional standards of the
human rights community.</p>
<h2><strong>HRW: Undermining Palestinian testimonies, ignoring credible evidence </strong></h2>
<p>The HRW report into the Al-Ahli hospital strike decontextualizes the
attack from the ongoing Israeli violations against the hospital, ignores
Palestinian accounts of the bombing, and disregards other credible
investigations into the events of October 17.</p>
<p>HRW did not visit the Al-Ahli Hospital site, nor did it have access
to the shrapnel, and was unable to make a “conclusive identification of
the munition.” Yet it pointed accusatory fingers towards Palestinians,
basing its determination on “the sound preceding the explosion, the
fireball that accompanied it, the size of the resulting crater, the type
of splatter adjoining it, and the type and pattern of fragmentation
visible around the crater are all consistent with the impact of a
rocket.” </p>
<p><a href="https://x.com/Qudsn_Brk/status/1729138097122914578?s=20">Hamas</a>
stated that it would welcome HRW into Gaza and would cooperate with an
independent investigation and share the evidence they have once the
genocide is over, and conditions allow. HRW refused to wait even though
nothing in this report was urgent nor represented an original
investigation.</p>
<p>Consistent with racist attitudes towards “the natives,” HRW failed to
consider the many testimonies that emerged in the following days from
medical staff, including doctors and ordinary citizens who were
sheltering in the hospital. <a href="https://twitter.com/asadabukhalil/status/1732145299022590079?s=12">HRW did not reach out to the director of the hospital</a>,
nor did it contact the doctor who received Israeli orders for
evacuation. Moreover, when the report mentions Palestinian sources
(without actually bothering to speak to these sources), it questions
their credibility. For example, “The Archbishop of the Episcopal Church
of Jerusalem and the Middle East said that on October 14, 15, and 16,
Al-Ahli hospital received at least three phone warnings to evacuate, <em>though he did not provide details about the source or content of the warnings</em>.” </p>
<p>This refusal to give due weight to the Israeli bombing of Al-Ahli
Hospital on October 14, nor to the threats that Israel made against the
hospital, decontextualizes the eventual incident of October 17. </p>
<p>HRW also ignored available and credible investigations: <a href="https://twitter.com/ForensicArchi/status/1724525673325199410?s=20">the first</a> by Forensic Architecture, Al-Haq, and Earshot, and <a href="https://twitter.com/MiddleEastEye/status/1715240460594123085?s=20">the second</a> by Al Jazeera, which contradicted their findings.</p>
<p><a href="https://x.com/ForensicArchi/status/1724525673325199410?s=20">Forensic Architecture</a>,
Al-Haq, and Earshot conducted a 3D reconstruction and trajectory
analysis of two publicly available videos — one broadcasted by Israel’s <a href="https://x.com/ForensicArchi/status/1724525687069925887?s=20">Channel 12</a>
and the second aired by Al Jazeera — which the Israeli government
claims show that it was a misfired rocket that hit the Al-Ahli
Hospital. </p>
<p>About the first video,<strong> </strong>Forensic Architecture <a href="https://x.com/ForensicArchi/status/1724525687069925887?s=20">writes</a>:
“This is another case of incorrect location and incorrect timing: the
video documents an explosion which occurred 24s before the Al-Ahli
blast, and over 1km away. ” About the <a href="https://x.com/ForensicArchi/status/1724525684226249157?s=20">Al Jazeera </a>video,
they write: “Our analysis suggests the missile originated outside Gaza
near a reported ‘Iron Dome’ launch site & exploded at a height of
5km, 5.7km from the hospital. Any freefalling debris from the explosion
would have taken at least 30s to reach Al-Ahli—but the blast occurred
just 8s later.”</p>
<p>Israel has based its accusations on the Al Jazeera video. In response, the <a href="https://x.com/MiddleEastEye/status/1715240460594123085?s=20">Al Jazeera digital investigations team</a>
conducted an in-depth analysis of this video, in addition to other
videos from multiple sources, and created a detailed, second-by-second
timeline of the events. They identified the rocket that was launched
from Gaza, the rocket in question. The same rocket is also seen in the
Israeli video. Al Jazeera’s live feed shows that the same rocket was
intercepted and was destroyed and broken apart in the sky. According to
all feeds and videos analyzed, this rocket was intercepted and was the
last one launched from Gaza before the bombing of the hospital. Five
seconds after that interception, the investigation shows, an explosion
in Gaza can be seen, followed two seconds later by another, much larger,
explosion. This is the strike that hit Al-Ahli Hospital. Al Jazeera
investigations team found no ground to the Israeli claims that the
strike was caused by a failed rocket launch. </p>
<p>HRW does not appear to have <a href="https://twitter.com/asadabukhalil/status/1732145299022590079?s=12">reached out</a> to Al Jazeera, even though they refer to their video in the report. </p>
<p>In relation to the size of the crater, HRW writes: “This crater size
is inconsistent with the point detonation of a large, air-dropped bomb
with a high-explosive payload.” <a href="https://x.com/FSBRG/status/1714609431877431713?s=20">Francesco Sebregondi</a>,
a researcher and architect and a former investigator at Forensic
Architecture, has addressed the weakness of this claim. Sebregondi
states that while 1-ton bombs would usually create a large crater, other
missiles “also used by IDF, would not leave a considerable crater.” HRW
report does not consider this option seriously. Further, <a href="https://x.com/FSBRG/status/1714609459333333058?s=20">Sebregondi states</a>
that the likelihood that a Palestinian rocket could have caused all
this damage is “extremely low.” What is clear, he adds, is that no
conclusive determination could be drawn based on the size of the
crater. </p>
<h2><strong>PHRI: Reciting Israeli propaganda </strong></h2>
<p>The first thing that human rights lawyers, practitioners, experts,
researchers, and students are taught is to question information coming
from governments, conduct independent research, and verify and assess
the credibility of the sources they use before making serious
allegations of war crimes and crimes against humanity. </p>
<p>PHRI failed each of these basic requirements in its report. </p>
<p>A careful read of all the sources cited in the report shows that all
of them, with one exception, are predominantly from media outlets
(Israeli and international), and others are from civil society
initiatives with strong government links. In an interview with the <a href="https://www.newyorker.com/news/q-and-a/how-hamas-used-sexual-violence-on-october-7th">New Yorker</a>,
Hadas Ziv, the director of ethics and policy at Physicians for Human
Rights Israel (the irony is hard to miss) and a co-author of the report,
said: “We haven’t interviewed actual witnesses.” While it is
understandable that it is too soon for survivors to be interviewed, it
is not clear why witnesses who were already interviewed by the media
were not interviewed. </p>
<p>Essentially, the report is a recap and repackaging of on-and
off-the-record briefings and parliamentary presentations made by Israeli
government officials. The information included in the sources that they
rely on is either explicitly or easily traced back to the<strong> </strong>Israeli
government, especially the Prime Minister’s office and Israeli police.
The report includes no indication of independent verification of
evidence or an independent investigation by PHRI. This is in sharp
contradiction to their own methodology in previous reports, including
reports dealing with sexual and gender violence. Further, I could not
find a single report published by PHRI in the past that draws
exclusively on media sources. </p>
<p>PHRI’s decades of work should have taught them well that the Israeli
government has a long record of dishonesty, manipulation, and
fabrication. A recent high-profile example is Israel’s denial that a
sniper killed the Palestinian journalist Shireen Abu Akleh in Jenin in
May 2022. This has also been the case since October 7, when the Israeli
government has repeatedly spread misinformation and outright lies about,
for example, 40 beheaded babies, the presence of a Hamas “command and
control” center under Al-Shifa hospital, and more. Still, this time
around, PHRI found it appropriate to publish a report that relies on
information traced to the Israeli government.</p>
<p>Below are examples of PHRI’s unprofessional conduct in the report:</p>
<ol><li>The report relies on the testimonies aired by <a href="https://edition.cnn.com/videos/world/2023/11/16/the-lead-israel-investigates-sexual-violence-claims-on-october-7-jake-tapper.cnn">CNN</a> dealing with sexual violence by Palestinians on October 7. An investigative piece that appeared in <a href="https://mondoweiss.net/2023/12/cnn-report-claiming-sexual-violence-on-october-7-relied-on-non-credible-witnesses-some-with-undisclosed-ties-to-israeli-govt/">Mondoweiss</a>
shows CNN’s failure to adhere to professional and ethical journalism
standards in this report. Every single witness and “expert” that CNN
aired was proven to either be lacking in credibility or have ties to
Israeli government officials and institutions. </li></ol>
<ol start="2"><li>The report includes testimony by a Zaka volunteer, which was aired
on Kan Darom Radio about “the dissection of a pregnant woman’s abdomen
and the stabbing of the fetus.” This story was later <a href="https://www.haaretz.co.il/news/politics/2023-12-03/ty-article-magazine/.premium/0000018c-2036-d21c-abae-76be08fe0000">reported</a> to be a fabrication. </li></ol>
<ol start="3"><li>PHRI refers to the “Civil Archive for the Documentation of Crimes
Committed Against Women by Hamas,” a body headed by Cochav Elkayam-Levy.
The credibility of this Commission and of Elkayam-Levy are both
questionable. Elkayam-Levy, who has become the main spokesperson of
Israel’s dehumanization campaign, formerly worked for the Israeli
government’s Attorney General’s Office in the International Law
Department, where her job was to provide legal justification for human
rights violations and crimes committed against Palestinians, and also
did some work for the National Security team at the Prime Minister’s
office.<p>Moreover, PHRI cites a <a href="https://www.youtube.com/watch?v=5D7tb4zFKdk">webinar</a> hosted by Harvard Medical School, during which Elkayam-Levy showed <a href="https://x.com/MaxBlumenthal/status/1724688009293873502?s=20">a photo</a>
claiming it showed a woman raped by Hamas at the Nova festival. This
photo was circulated by the Israeli foreign ministry and was <a href="https://x.com/MaxBlumenthal/status/1724688009293873502?s=20">proven</a>
to be of a female Kurdish fighter who experienced sexual abuse. In
other words, Elkayam-Levy is a mouthpiece for Israeli propaganda.</p><p>In an interview with <a href="https://www.haaretz.com/israel-news/2023-11-30/ty-article-magazine/.highlight/hamas-campaign-of-rape-against-israeli-women-is-revealed-testimony-after-testimony/0000018c-2144-da36-a1de-6767dac90000">Haaretz</a> newspaper, Elkayam-Levy <a href="https://twitter.com/thegreenebj/status/1730942034117087366?s=12">claims</a>
she does not need to provide evidence, saying: “Am I the one who needs
to provide evidence for the terrorists’ deeds? What kind of travesty is
it that they are imposing the burden of truth on me?” She also says that
the “question of evidence…is completely secondary.” </p></li></ol>
<ol start="4"><li>Another ‘source’ used by PHRI is <a href="https://www.memri.org/reports/special-announcement-%E2%80%93-hamas-atrocities-documentation-center-hadc">MEMRI</a>
— Middle East Media Research Institute, a politically motivated body
that launched the Hamas Atrocities Documentation Center (HADC). MEMRI’s
president and founder is <a href="https://docs.house.gov/meetings/FA/FA00/20160706/105161/HHRG-114-FA00-Bio-CarmonY-20160706.pdf">Yigal Carmon,</a>
a retired colonel in the Israel Defense Force intelligence corps who
served as counter-terrorism advisor to two Israeli Prime Ministers. The
report does not include any indication of the independent verification
of MEMRI’s claims. </li></ol>
<ol start="5"><li>PHRI draws on media reports to quote testimonies of witnesses who
have worked at the Shura military base, where the bodies of October 7
victims were brought. These witnesses claim to have seen signs of rape
and sexual violence, but PHRI itself says that the witnesses “are not
professionally trained to determine whether rape had occurred.” This,
however, did not lead PHRI to make the only acceptable decision that a
serious human rights organization would make, which is not to include
them in the report. In other words, what is the point of including this
information from people who, in your own opinion, have no relevant
expertise? </li></ol>
<ol start="6"><li>PHRI mentions in its report confessions extracted by the <em>Shabak</em>
(Israeli Security Service) — notorious for its torture of Palestinian
detainees — from Hamas fighters who were caught by Israel on October 7.
PHRI does mention that the testimonies are likely extracted under
torture, but still found it appropriate to mention them. </li></ol>
<h2><strong>PHRI’s Jewish-Israeli supremacy </strong></h2>
<p>Israeli human rights organizations, including PHRI, are implicated in
the settler colonial system, and their organizational structure and
work are marked by racial politics. As Haneen Maikey and I previously <a href="https://www.middleeasteye.net/opinion/israel--palestine-rights-groups-prevent-palestinians-framing-their-own-reality">wrote</a>,
“The Israeli human rights sector has a Jewish-Israeli supremacy
problem.” There is a hierarchy between Palestinian and Jewish staff,
where senior positions, including those who write public policy reports
and do public campaigning — are occupied by Israeli Jews. This is also
the case at PHRI.</p>
<p>It should, therefore, come as no surprise that, according to
anonymous sources, Palestinian staff at PHRI urged not to publish this
report with no evidentiary threshold, only to be silenced and ignored by
Jewish staff. </p>
<p>PHRI chose to publish a report that fails to meet the common ethical
standards of human rights reporting, which they have upheld in the past.
It counted on the credibility, recognition, and respect it enjoys
internationally, which Palestinian staff have played a pivotal role in
building for decades. </p>
<p>This is not to deny sexual violence allegations or to claim that
these should not be investigated. However, as a human rights
organization, PHRI has the responsibility to carry out research
ethically and has the duty to publish credible reports. PHRI could have
engaged in a thorough investigation, as it has done in its other
reporting, but it willingly chose, for politically and racially
motivated reasons, to engage in compromised conduct.</p>
<p>In the rush to please Israeli public opinion, PHRI has abandoned all
ethical and professional standards and has worked in the service of
Israeli propaganda and the racialization of Palestinians, especially
men. It is racism and an ingrained sense of Jewish supremacy — where
Jewish victims are valued more than Palestinian victims — that has
allowed PHRI to publish a report with no evidentiary basis.</p>
<h2><strong>Accountability</strong></h2>
<p>The ask is simple: do not apply a lower threshold of evidence and
questionable ethical standards when it comes to Palestinians. The
methodology should be robust, evidence must be conclusive, and fingers
should not be pointed so easily, especially not at the people who are
undergoing genocide. </p>
<p>HRW and PHRI published unethical reports with a sense of impunity,
violating the basic principle of “do no harm,” which is the bare minimum
expected in the human rights and humanitarian sectors. </p>
<p>Palestinians have been demanding accountability. HRW and PHRI owe Palestinians answers.</p>
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