Rights experts demand accountability for Hamas sexual torture victims

By Cecilia Ologunagba

New York, Jan. 8, 2024

Top independent human rights experts on Monday demanded prompt investigation and accountability for victims of sexual torture in the Oct. 7, 2023 Hamas-led attacks in southern Israel.

Some 1,200 Israeli and foreign nationals were killed in the surprise attacks across 22 villages and thousands more injured.

An estimated 240 adults, children and infants were also taken hostage by militants from Hamas and other Palestinian extremist groups.

The rights experts, in a statement, also called for justice relating to other grave crimes committed in the Occupied Palestinian Territory since the war in Gaza began.

The rights experts known as Special Rapporteurs – who are not UN staff – report to the Human Rights Council in Geneva.

They are Alice Edwards, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and Morris Tidball-Binz, Special Rapporteur on extrajudicial, summary or arbitrary executions.

“Investigators must be given the necessary resources, support and access required to explore all alleged crimes,” the experts said, as they called on Israel, the Palestinian Authority and the de facto authorities in Gaza to cooperate fully with any probes.

The UN experts said individuals were allegedly burnt alive in their homes or bomb shelters, and that some bodies were found decapitated or mutilated or both.

“Many bodies had signs of trauma consistent with executions. Many bodies had injuries consistent with beatings at or near the time of death.

“There allegations of sexual torture include rapes and gang rapes, sexual assaults, mutilations and gunshots to genital areas. Female bodies were found with their clothing pulled up to their waists, with underpants removed or torn or stained with blood.

“These acts constitute gross violations of international law, amounting to war crimes which, given the number of victims and the extensive premeditation and planning of the attacks, may also qualify as crimes against humanity,” the experts said.

“There are no circumstances that justify their perpetration. Acknowledging and documenting the harm done, and the pursuit of justice are vital steps towards peace.

“Each and every victim deserves to be recognised, regardless of their ethnicity, religion or sex, and our role is to be their voice,” they said.

The experts welcomed the release of 110 hostages while expressing deep concern for those still being held and called for their immediate and unconditional release.

“We are deeply conscious of the active conflict in Gaza and Israel and the severe humanitarian crisis.

“We urge all parties to agree to a ceasefire, abide by international law, and investigate any crime alleged during the armed conflict,” the experts said.

They recalled their previous statement on the need for independent and impartial investigation of all rights violations, including those in Israel, Gaza and the West Bank.

They have already raised these issues through a letter addressed to the State of Palestine as the official UN Observer State and party to relevant human rights and humanitarian law treaties.

A copy of the letter was also sent to the de facto authorities in Gaza (Hamas), which claimed responsibility for the overall attack and bears command responsibility as well as has human rights obligations in the light of their exercise of government-like functions.

A copy of the letter was also sent to the government of Israel, which has territorial jurisdiction over the scenes of the crimes.