Gerard Filitti
Human Rights Attorney

298 Pages of Evidence. The New York Times Ran the Other Story.

On the night before the most comprehensive evidentiary reckoning with Hamas’s documented, command-directed sexual terrorism, the New York Times ran an opinion column by Nicholas Kristof titled The Silence That Meets the Rape of Palestinians. The timing was not incidental. It is the story.

Kristof’s piece rests on a rhetorical proposition: that the same moral standard invoked to condemn Hamas’s sexual violence on October 7, 2023 must be applied symmetrically to what he characterizes as systematic Israeli sexual violence against Palestinian detainees. Superficially, it is a plausible proposition, but it is also built on a foundation of evidentiary sleight-of-hand that, examined against the record published the following morning, collapses entirely.

What the Civil Commission Found

On May 12, 2026, the Civil Commission on October 7th Crimes by Hamas Against Women and Children, led by international law expert Dr. Cochav Elkayam-Levy, published Silenced No More: Sexual Terror Unveiled — The Untold Atrocities of October 7 and Against Hostages in Captivity.

This is a 298-page war crimes archive supported by former Canadian Minister of Justice Irwin Cotler, former UN Special Court for Sierra Leone Chief Prosecutor David Crane, and former Israeli Supreme Court President Aharon Barak – figures whose institutional credibility is not in dispute. The Commission analyzed more than 10,000 photographs and video segments totaling well over 1,800 hours of visual material, alongside more than 430 testimonies, interviews, and meetings with survivors, witnesses, released hostages, experts, and family members from 52 nationalities. Materials were logged, coded, cross-referenced, mapped across time and geography, and integrated into a dedicated database on sexual and gender-based crimes. The methodology was conducted in accordance with internationally recognized standards, including trauma-informed and survivor-centered practices.

The Commission’s legal conclusions are unequivocal. Sexual and gender-based violence was “widespread and systematic” and “formed an integral component of the attacks.” It was “systematically and deliberately deployed as a tactic of terror.” The scale, coordination, and recurring patterns across multiple sites demonstrate “an organized campaign carried out with advance planning and operational coordination.” The Commission identified thirteen distinct recurring patterns of abuse, from gang rape and sexual torture to postmortem sexual abuse, forced nudity, filming and digital dissemination of the abuse through victims’ own social media accounts, and, in the most chilling documented category, sexual violence coerced between family members. The Commission coined the term “kinocidal sexual violence” for this last category: violence deliberately designed to destroy the family as a social and emotional unit by weaponizing the bonds between its members.

The Commission’s legal conclusion is that these acts constitute war crimes, crimes against humanity, genocidal acts, and terrorism-linked sexual and gender-based violence under international law, and the report establishes what it describes as a clear evidentiary and prosecution roadmap.

This is what the New York Times chose to bury under Kristof’s column.

What Kristof Sourced

Kristof’s piece is based on interviews with 14 self-identified victims of Israeli sexual violence, sourced through lawyers, human rights groups, and aid workers. Corroboration was partial at best, limited to accounts from confidants, family members, and lawyers, not forensic evidence, medical records, or documentary proof. Kristof acknowledges this directly: “In many cases it was possible to corroborate the victims’ stories in part by talking to witnesses or, more commonly, to those whom the victims had confided in, such as family members, lawyers and social workers; in other cases it was not possible.”

His primary institutional sources are the Euro-Med Human Rights Monitor, B’Tselem, and Breaking the Silence — organizations he presents as human rights documentation groups. Kristof himself flags Euro-Med as “often critical of Israel,” but that is an extraordinary understatement that does real analytical work by appearing to disclose a conflict it actually conceals.

Euro-Med Human Rights Monitor is not a neutral fact-gathering body. According to NGO Monitor, Euro-Med’s leadership has been identified by Israel as linked to Hamas. Its founder and chairman, Ramy Abdu, has posted content on social media justifying the October 7 massacre and retweeted posts denying that Hamas committed sexual violence on that day, and the organization publishes no financial information, making independent verification of its funding impossible. The UN Watch has documented that Euro-Med disseminates claims that the IDF itself investigated and found no basis for, yet those claims were amplified by the UN Office of the High Commissioner for Human Rights as credible evidence of possible war crimes. B’Tselem and Breaking the Silence, the column’s two remaining institutional sources, share that same orientation: both are heavily funded by European governments and foundations with declared anti-occupation agendas, and NGO Monitor has documented that Breaking the Silence’s funders conditioned continued support funding on the production of incriminating testimonies against the IDF.

That last point is not incidental. The Civil Commission was assembled in part precisely because Hamas and its institutional allies spent two years denying that any sexual violence occurred on October 7 at all – the same denial Abdu was amplifying on social media. The organization whose reports form the evidentiary backbone of Kristof’s column was, at the same time, part of the apparatus working to erase the crimes that the Civil Commission spent two years documenting. The New York Times did not disclose that connection to its readers.

This is the sourcing architecture of an opinion column the New York Times published on its home page the night before a two-year forensic investigation documented Hamas’s sexual terrorism as command-directed, strategically deployed, and legally prosecutable.

The Concession That Destroys Kristof’s Column

Kristof’s central rhetorical move is to invoke Netanyahu’s own words – his call for “all civilized leaders” to condemn sexual violence – and invert them against Israel. The move has emotional force, but it has almost no analytical force because Kristof himself concedes the critical distinction at the heart of the comparison.

“There is no evidence that Israeli leaders order rapes,” Kristof writes.

That concession is not a minor qualification. It is a confession that the two situations are not morally, legally, or strategically equivalent. The Civil Commission’s finding, grounded in 10,000 photographs, 1,800 hours of visual evidence, and 430 testimonies, is that Hamas’s sexual terrorism was “a calculated strategy,” deployed with “advance planning and operational coordination” as “an inherent part of a wider strategy of the attack.” It was ordered. It was systematic. It was filmed and livestreamed as part of the operational design. That is command responsibility in the plainest sense of international criminal law.

What Kristof documents – and even his own sourcing concedes – is a pattern of alleged individual abuse by prison guards, with institutional impunity as the aggravating factor rather than command direction as the source of the conduct. His strongest concrete example is the Sde Teiman case, in which charges against soldiers accused of sexually assaulting a Gaza prisoner were dropped, and Netanyahu hailed the outcome as the end of a “blood libel.” That is a legitimate accountability failure worth scrutinizing. But it is a case in which charges were filed, evidence was gathered, and the outcome was contested in Israeli courts and public discourse – not a case in which the violence was planned at the command level, filmed as a weapon of psychological warfare, and livestreamed to the victims’ families. Both situations, if true, are serious. They are not the same thing. Treating them as symmetrical is not moral consistency. It is a rhetorical operation that serves the political argument Kristof intended to make in the piece.

The Timing Is the Indictment

The Civil Commission’s report was not a surprise. Its publication on May 12 was known in advance. Lead author Cochav Elkayam-Levy had been publicly promoting the report’s imminent release for weeks, including in a wide-ranging interview with the Times of Israel podcast published May 5, 2026 – one week before publication. The New York Times is a major international news organization. It knew what was coming.

The editorial decision to publish Kristof’s column on the eve of the Commission’s release, based on anonymized, partially corroborated accounts obtained from institutionally hostile organizations, functions as a preemptive counter-narrative. It ensures that the day’s dominant discourse is not Hamas’s documented, multi-site, command-directed sexual terrorism against Israeli and international civilians, but rather an unverified counter-accusation against Israel. The Civil Commission’s report, detailed in CNN’s exclusive coverage and covered by the Jerusalem Post, was published hours after Kristof’s column had already set the frame.

That is not journalism. That is information warfare with a New York Times masthead.

The Standard That Must Apply

Kristof is correct about one thing: the standard for condemning sexual violence must be universal. If anything, the Civil Commission’s report sharpens that obligation rather than diffusing it. The report was compiled not by advocates but by forensic experts, international legal scholars, and figures of the caliber of former UN Chief Prosecutor David Crane, a man who built cases against war criminals in Sierra Leone. It was constructed to meet the evidentiary standards of international criminal prosecution, not public relations.

The world spent two and a half years debating whether Hamas committed systematic sexual violence on October 7, with significant institutional energy devoted to denial and minimization, including, as the Civil Commission documents, active retweeting of denial content by the chairman of an organization the New York Times cited as a credible source in Kristof’s column. That debate is now over. The Commission has assembled what it describes as the most extensive evidentiary record compiled to date, and its legal conclusion is unambiguous: these acts constitute war crimes, crimes against humanity, and genocidal acts under international law.

The record demands a reckoning, not a redirection. The international institutions that spent two years downplaying Hamas’s sexual terrorism – the same institutions whose reports Kristof cites as credible authority against Israel – have not answered for that failure. They have not applied the same investigative resources, the same legal frameworks, or the same presumption of credibility to Israeli victims that they now extend to Palestinian accusers. That asymmetry is not a coincidence. It is a pattern. And it is a pattern the New York Times, in the editorial choices it made this week, chose to perpetuate rather than examine.

Kristof asks where the hell everyone is. The Civil Commission has answered that question, with 298 pages of evidence. The New York Times chose to look away on the one day it mattered most to look directly.

About the Author
Gerard Filitti is Senior Counsel at The Lawfare Project, an international non-profit legal think tank and litigation fund based in New York City. A lawyer, political strategist, and regional expert on the Middle East and Central Asia, he has expertise in public policy, national security law and policy, counterterrorism, international law (including the International Criminal Court), civil and human rights, and economics. As a trial lawyer and commercial litigator with two decades of experience, Gerard has handled a wide variety of cases, including, in recent years, civil counter-terrorism litigation with an emphasis on money laundering investigations and sanctions violations, and representing victims of hate crimes and international acts of terrorism. Gerard is a frequent contributor to many media outlets, often called on to provide analysis of breaking legal and geopolitical news, as well as hot-button political issues.
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