UNRWA, along with other critics of Israel, have been drawing a comparison between Israeli allegations of sexual assault by Hamas on October 7, and allegations of sexual assault by Israeli security personnel against Palestinian detainees.
It is categorically impossible to compare the UNRWA and Israeli allegations, for several reasons.
First, there is no video evidence of Israeli prison guards or soldiers sexually assaulting or torturing Palestinians, but there is substantial footage of the most heinous Hamas crimes on October 7.
It is never easy for sexual victims to come forward. UN officials have complained that they did not get to interview any Israeli victims, but some have gone public, with exact details provided to the UN.
In addition, no one is asking the UN to criminally probe any specific individual, only to recognize that sexual assault crimes were perpetrated. In contrast, Israel is being asked by UNRWA to criminally probe the prison cases – without any names or details supplied, Israel cannot prosecute.
Additionally, UNRWA has mixed and matched a variety of allegations in its report. In the same sentence, UNRWA accuses Israeli authorities of sexual assault, of playing loud music, of beatings, and of sleep deprivation.
Sexual assault is a very serious crime and would warrant not only dismissals but heavy jail time for any prison guard or soldier implicated.
This is not to say that Israelis have never acted inappropriately toward Palestinian women in their charge.
Looking at previous cases
In April 2021, a special Justice Ministry probe found that IDF and Shin Bet officials improperly carried out a vaginal search of a Palestinian woman suspected of hiding a SIM card that could provide intelligence.
No one was prosecuted due to the inability to pin clear criminal blame on any one official, so the ministry decided to close the probe. It said the search was improper, lacking a “ticking bomb” scenario.
At least six Palestinian detainees have died in Israeli prisons since October 7. All of these cases are being probed, and in at least one case, over a dozen prison guards are being criminally investigated for illegal beatings. Sources indicated to The Jerusalem Post that this specific criminal investigation is still ongoing.
There have also been cases where soldiers were prosecuted and sent to jail for negligent homicide.
And yet, these are cases of individuals or a small group of individuals violating detainee rights. The investigations, and in some cases convictions and jail sentences, show that Israel does not shy away from prosecution.
Where Israel’s record is likely weaker is with lower-profile cases of lower-grade physical aggression against detainees, or violations of their rights. Additionally, disagreements rage over how intensely terrorists can be interrogated.
Israel and the US, at times, have endorsed, in a “ticking bomb” case, some amount of sleep deprivation and loud music.
Israel, in off-record conversations, has also admitted to some lower-grade physical violence, such as a face slap – while avoiding physical contact that could cause any long-term physical harm.
Famously, then-CIA director Michael Hayden demonstrated the American-style low-intensity face slap to then-US president Barack Obama in the Oval Office.
UNRWA and many other Western countries would consider such practices “torture,” just like actual sexual crimes or physical beatings leading to long-term wounds or harm.
IDF sources also admit that there have probably been cases of looting by soldiers in Gaza, which they plan to follow up now that more soldiers have been released.
IDF sources have told the Post they expect thousands of initial probes of allegations against soldiers during the war. After the 2014 Gaza conflict, 500 initial probes led to 32 full criminal ones.
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