UN Report Finds Evidence of Systematic Torture in Israel Following Hamas Attack: Committee Urges Independent Investigation

Israel launched a comprehensive military operation in Gaza following the October 7, 2023 Hamas attack.

The UN Committee against Torture has released its findings on Israel, Albania, Argentina, and Bahrain, expressing significant concerns regarding each nation's adherence to the Convention against torture and degrading treatment.

Here are 10 key points from this significant report:

The committee explicitly condemned the October 7, 2023 attack by Hamas and allied groups against Israel. However, it also expressed profound concern regarding the disproportionate nature of Israel's military response, which has resulted in extensive civilian casualties and immense suffering among Palestinians.

"Material conditions across all places of deprivation of liberty in the State Party have severely deteriorated as a result of what appears to be, in the light of high-level statements made by the Minister of National Security and others, a deliberate State policy of collective punishment..." the committee stated.

The report expressed deep concern about evidence suggesting a de facto state policy of systematic and widespread torture and mistreatment during the reporting period, which has significantly intensified since October 7, 2023. The committee also noted concern that various policies implemented by Israel during its "unlawful presence in the Occupied Palestinian Territory" potentially constitute cruel, inhuman, or degrading living conditions for Palestinians.

The committee urged Israel to establish an independent, impartial, and effective investigatory commission to examine all allegations of torture and ill-treatment during the current conflict, to prosecute those responsible (including superior officers), and to ensure immediate entry of essential humanitarian assistance and aid workers into Gaza.

Regarding Israel's legal framework, the committee highlighted serious concerns that Israel continues to lack specific legislation criminalizing torture, and that current laws allow public officials to avoid criminal liability under the "necessity" defense when applying unlawful physical pressure during interrogations.

The report expressed concern that the use of undisclosed "special means" remains permitted as an interrogation method. It urged Israel to enact specific criminal legislation against torture that aligns with UN convention definitions, to provide transparency regarding the nature of these "special means," and to ensure no exceptional circumstances can be used to justify torture or ill-treatment.

The committee extended condolences to Israel for the loss of life and physical and emotional trauma resulting from the October 7, 2023 attack by Hamas and affiliated militant groups, which it "condemns unequivocally," while acknowledging the ongoing security challenges Israel faces.

In its previous observations, the committee had requested Israel provide information on implementing recommendations regarding independent medical examinations of detainees, administrative detention practices, solitary confinement, and allegations of torture. The committee regretted that no action had been taken toward implementing these recommendations.

The committee acknowledged Israel's willingness to discuss matters relating to the "Occupied Palestinian Territory" and its recognition that prohibitions against torture exist in legal frameworks binding Israel and applicable in these territories, regardless of the convention.

The report noted information provided by Israel indicating that torture is effectively criminalized through existing criminal law provisions. The committee also acknowledged several domestic legislative initiatives during the reporting period, including the establishment of an inter-governmental taskforce to introduce torture as a specific criminal offense.