Two documents on sexual violence in the Gaza conflict were published over the last twenty-four hours. One is a three hundred page evidentiary record built over two and a half years to support criminal prosecution of Hamas and its collaborators. It examined over ten thousand photographs and video segments, conducted over 1,800 hours of visual analysis, ran more than 430 formal and informal interviews, mapped victims across 52 nationalities, and is the culmination of the scholarship and analytic contributions of dozens of leading figures in their field led by Dr. Cochav Elkayam-Levy, with principal contributor Hon. Irwin Cotler, and distinguished contributors including David Crane (founding chief prosecutor of the UN Special Court for Sierra Leone) and Yuval Shany (former UN Human Rights Committee). It is endorsed by internationally recognized notables such as Ambassador Isabelle Rome (France’s Ambassador at-Large for Human Rights), Alice Wairimu Nderitu (Former UN Under-Secretary-General and Special Adviser on the Prevention of Genocide), Noëlle Lenoir (Former Justice on the French Constitutional Court), Aharon Barak (Former President of the Supreme Court of Israel) and Mukesh Kapila (Former Special Adviser to the UN High Commissioner for Human Rights), among many others.
The other is Nicholas Kristof’s lascivious New York Times opinion column accusing the Israeli state of systematic sexual violence against Palestinian men, women, and children, supported by Hamas-linked figures at Euro-Med and a documented, self-admitted sexual harasser of minors, Shaiel Ben Ephraim, who lost his junior research fellowship at UCLA over the scandal. It is based on uncorroborated testimony from mostly convicted and suspected terrorists who accuse Israel’s security apparatus of training dogs to rape. The most accredited source it leans on is that of Issa Amro, one of Kristof’s two named witnesses, who holds EU and UN human rights awards and is an HRW fellow. After being convicted in Israeli military court in 2021 of six counts, three for participating in demonstrations without a permit, two for obstructing security forces, and one count of assault for pushing a settlement guard, he was sentenced to a 3-month suspended sentence, 2 years probation, and fined about 3,500 NIS. Amro told the Washington Post in February 2024 that he was threatened with sexual assault during a 10-hour detention on October 7, yet in Kristof’s column, the same October 7 detention has him as a victim of rape -- his own first-person account of the same event contradicts itself. The other, Sami al-Sai, one day after the Hamas massacres, while bodies were still being recovered from the kibbutzim and fighting was ongoing, posted celebratory content praising “the green flag” flying across the West Bank, “over the camps of the occupier and his tanks,” and “decorating the foreheads of the heroic fighters.” About a year before Kristof’s column, al-Sai gave testimony about his alleged abuse to a domestic anti-Israel NGO, B’Tselem, that has been at the center of its own fair share of sourcing scandals. B’Tselem’s account did not include the specific, graphic details that surfaced in Kristof’s column: being sodomized with a carrot, a female guard grabbing his genitals, or finding “other people’s vomit, blood and broken teeth” on his skin from other detainees.
In five years, one of these documents will be cited in international tribunals, in court filings, and in academic literature. The other might still be a Wikipedia footnote about a press controversy that likely ended Kristof’s career.