In a highly detailed and scathing report, United Nations-backed human rights investigators have accused Israel of employing systematic gender-based violence in its ongoing conflict with Hamas in the Gaza Strip. The extensive document, among the most comprehensive of its kind, presents disturbing claims of sexual and reproductive violence in the context of the war which escalated after the Hamas attack on southern Israel on October 7, 2023. Such findings have potential implications for future prosecutions at the International Criminal Court or other legal jurisdictions seeking justice for affected victims and their families.
Prime Minister Benjamin Netanyahu of Israel has dismissed the criticisms of the U.N.’s Human Rights Council, denouncing it as a biased body perpetuating anti-Israel sentiments and supporting underhand agendas. His remarks, however, stopped short of addressing the specific allegations made in the report. The commission, tasked with the inquiry into the Occupied Palestinian Territory, meticulously documented several claims of alleged war crimes. These included the widespread devastation of Gaza, the use of heavy explosives near civilian sites, and accusations against Israeli forces for targeting hospitals and health facilities, which reportedly contributed to the disproportionate violence against women and children.
The Commission alleges that Israeli security forces committed acts of rape and sexual assaults against Palestinian detainees, bringing to light severe human rights concerns. Israel, however, denies any systemic abuse of prisoners, asserting that it takes corrective actions where there are violations. Chris Sidoti, a member of the commission, explained that the report indicates Israel’s use of gender-based violence forms part of a broader strategy to undermine the Palestinian right to self-determination.
The Israeli mission in Geneva has repudiated these allegations, criticizing the commission for relying on unverified sources. Since its establishment in 2021, Israel has refused to engage with the commission, citing bias in its proceedings. Moreover, Sidoti claims the report identifies acts by Israel aimed at systematically dismantling sexual and reproductive health facilities. While some advocacy groups have gone further to argue that such actions equate to genocide, Israel steadfastly denies this, recalling its foundation in the aftermath of the Holocaust and its population comprising many survivors of the atrocity.
Israel maintains it has taken exceptional precautions to minimize civilian casualties during the 15-month conflict, now temporarily halted by a precarious ceasefire. It attributes civilian harm to Hamas, accusing the group of using civilian areas for military operations. Israeli military actions included raids on medical facilities, which Israel claims were utilized by militants for combat purposes. Meanwhile, Palestinian officials dispute these allegations.
The conflict originated when Hamas-led forces launched an offensive against southern Israel, resulting in over 1,200 mostly civilian casualties and the capture of 251 hostages. Israeli officials have accused Hamas of employing similar sexual violence tactics during their assault, supported by various eyewitness accounts and evidence. Specialists treating freed hostages reported instances of abuse while in captivity. A U.N. envoy had earlier indicated having grounds to believe these charges.
The retaliatory measures by Israel have resulted in over 48,000 Palestinian fatalities, predominantly women and children, according to Gaza’s Health Ministry, which does not separate civilian casualties from combatants. Recently, the Commission held public forums involving victims, legal representatives, and rights organizations to assimilate accounts into their findings. The body, however, did not encompass gender-based violence against Israelis during the October clashes or against hostages but had addressed these issues in a prior year’s report.
