Official visit of the Special Representative of the Secretary-General on Sexual Violence in Conflict to Israel and the occupied West Bank – 29 January – 14 February 2024 – Mission report

4 March 2024

Disclaimer
This report has been edited for the sake of its distribution to the public. Sensitive information shared with the United Nations on a confidential basis has been withheld to respect the privacy, safety and security of those who engaged with the mission team. In line with a survivor/victim-centered approach, findings are conveyed in generic terms and details are not revealed.

I. Executive Summary

1. The present report is submitted to the United Nations Secretary-General pursuant to the mandate of the Special Representative of the Secretary-General on Sexual Violence in Conflict (SRSG-SVC), outlined by the Security Council in resolutions 1888 (2009), 1960 (2010), 2106 (2013), 2331 (2016), and 2467 (2019). This report contains the findings of the mission of Special Representative, Ms. Pramila Patten to Israel, aimed at gathering, analyzing, and verifying information on conflict-related sexual violence (CRSV) in the context of the attacks on 7 October 2023 and their aftermath, and for its potential inclusion in reporting to the Security Council , given the absence of relevant United Nations entities operating in Israel. The visit which was carried out at the invitation of the Government of Israel, also included a visit to the occupied West Bank. The report describes findings on incidents and patterns of CRSV (i) during the 7 October attacks; and (ii) in the context of abduction and hostage-taking. It also covers the engagement of the mission team with the Palestinian Authority and other stakeholders and sets out information it received regarding allegations of CRSV by Israeli security forces in the occupied West Bank.

2. The mission took place from 29 January to 14 February 2024. The mission team was led by the SRSG-SVC who was supported by a technical team composed of nine experts drawn from the United Nations, including staff from the office of the SRSG-SVC and specialists trained in safe and ethical interviewing of survivors/victims and witnesses of sexual violence crimes; a forensic pathologist; and a digital and open-source information analyst. The mission team received the full cooperation of the Government of Israel.

3. In Israel, the mission team conducted a total of 33 meetings with Israeli national institutions, including relevant line ministries such as Foreign Affairs, Welfare and Social Affairs, Health, and Justice, including the State Attorney General’s Office, as well as the Israeli Defense Forces (IDF), the Israeli Security Agency (Shin Bet), and the Israeli National Police in charge of the investigation into the 7 October attacks (Lahav 433). The SRSG-SVC also met with the President of Israel, Isaac Herzog, and the First Lady. The mission team conducted several visits to the Shura military base, the morgue to which the bodies of victims were transferred, as well as one visit to the Israeli National Center of Forensic Medicine. The mission team reviewed over 5,000 photos and around 50 hours of footage of the attacks, both provided by various state agencies, independent private sources and through an independent online review of various open sources, to identify potential instances and indications of CRSV. Further, the mission team conducted interviews according to UN standards and methodology, with a total of 34 interviewees, including with survivors and witnesses of the 7 October attacks, released hostages, first responders, health and service providers and others. The mission team also met with families and relatives of hostages still held in captivity as well as members of the community displaced from kibbutz Nir Oz. It further met with a range of relevant Israeli civil society organizations and representatives from academia.

4. The mission team visited four locations affected by the 7 October attacks in the Gaza periphery, namely Nahal Oz military base, kibbutz Be’eri, the Nova music festival site, and Road 232 where reports of sexual violence had emerged. For the purpose of the present report, information was also gathered pertaining to incidents of CRSV reportedly committed in kibbutzim Kfar Aza and Re’im, which the mission team did not visit.

5. Information received by the mission team indicates that on the morning of 7 October 2023, at about 6:30 AM and under the cover of an unprecedented barrage of rockets, a coordinated attack by Hamas joined by other armed groups, which reportedly included the Palestinian Islamic Jihad, Popular Resistance Committees, other armed elements and armed and unarmed civilians, breached the Gaza perimeter fence at multiple points, entered the Gaza periphery and attacked military and civilian targets, including surrounding villages and towns, music festivals and adjacent roads. The complexity and modus operandi of the attacks, which seem to have occurred over three cumulative waves, appear to demonstrate a significant level of planning, coordination and detailed prior knowledge of the targets selected.

6. The attacks resulted in approximately 1,200 fatalities and thousands of injuries, predominantly among civilians. Based on information reviewed by the team, people were shot, often at close range; burnt alive in their homes as they tried to hide in their safe rooms; gunned down or killed by grenades in bomb shelters where they sought refuge; and hunted down on the Nova music festival site as well as in the fields and roads adjacent to the festival ground. Other violations included sexual violence, abduction of hostages and corpses, the public display of captives, both dead and alive, the mutilation of corpses, including decapitation, and the looting and destruction of civilian property. A total of 253 individuals, including some deceased, were taken as hostages.

7. The national authorities faced numerous challenges in the collection of evidence and pursuit of their investigations of the crimes committed during the 7 October attacks, including challenges of coordination and information sharing between governmental agencies, with very specific challenges related to crimes of sexual violence. These included limited survivor and witness testimony, limited forensic evidence due to the large number of casualties and dispersed crime scenes in a context of persistent hostilities; the loss of potentially valuable evidence due to the interventions of some inadequately trained volunteer first responders; the prioritization of rescue operations and the recovery, identification, and burial of the deceased in accordance with religious practices, over the collection of forensic evidence. Further, a significant number of the recovered bodies had suffered destructive burn damage, which made the identification of potential crimes of sexual violence impossible.

8. The mission team also faced specific challenges in gathering and verifying information on the occurrence of conflict-related sexual violence. The main challenge was the limited number of and access to survivors/victims of sexual violence, and to survivors and witnesses of the 7 October attacks. While the mission team was able to meet with some released hostages as well as with some survivors and witnesses of the attacks, it did not meet with any survivor/victim of sexual violence from 7 October despite concerted efforts encouraging them to come forward. The mission team was made aware of a small number of survivors who are undergoing specialized treatment and still experiencing an overwhelming level of trauma. Further, the internal displacement of several communities from the Gaza periphery to other locations, the relocation of survivors of the Nova music festival attacks both internally and to third countries as well as the deployment of 7 October first responders from the military forces to combat, hindered access to first-hand information.

9. The lack of trust by survivors of the 7 October attacks and families of hostages in national institutions and international organizations, such as the United Nations, as well as the national and international media scrutiny of those who made their accounts public, hindered access to survivors of the attacks, including potential survivors/victims of sexual violence.

10. The absence of comprehensive forensic evidence limited the mission team’s ability to draw definitive forensic conclusions in many instances. This was compounded by evidence being spread among various agencies and limited organization of the material, and the fact that the process of linking individuals with specific photos and videos is still ongoing. The inaccurate and unreliable forensic interpretations by some non-professionals also represented a challenge.

11. Lastly, the mission took place over a limited period of two and a half weeks, and, in a context for Israel, where no dedicated UN country team or infrastructure is operational. Considering the scale and magnitude of the attacks, and the range of locations and the high number of casualties, the mission team could not comprehensively cover the full range of the situation.

12. Based on the information gathered by the mission team from multiple and independent sources, there are reasonable grounds to believe that conflict-related sexual violence occurred during the 7 October attacks in multiple locations across Gaza periphery, including rape and gang rape, in at least three locations. Across the various locations of the 7 October attacks, the mission team found that several fully naked or partially naked bodies from the waist down were recovered – mostly women – with hands tied and shot multiple times, often in the head. Although circumstantial, such a pattern of undressing and restraining of victims may be indicative of some forms of sexual violence.

13. At the Nova music festival and its surroundings, there are reasonable grounds to believe that multiple incidents of sexual violence took place with victims being subjected to rape and/or gang rape and then killed or killed while being raped. Credible sources described finding murdered individuals, mostly women, whose bodies were naked from their waist down – and some totally naked – tied with their hands behind their backs, many of whom were shot in the head. On Road 232, credible information based on witness accounts describe an incident of the rape of two women by armed elements. Other reported instances of rape could not be verified in the time allotted. The mission team also found a pattern of bound naked or partially naked bodies from the waist down, in some cases tied to structures including trees and poles, along Road 232. In kibbutz Re’im, the mission team further verified an incident of the rape of a woman outside of a bomb shelter and heard of other allegations of rape that could not yet be verified.

14. The mission team conducted a visit to kibbutz Be’eri and was able to determine that at least two allegations of sexual violence widely repeated in the media, were unfounded due to either new superseding information or inconsistency in the facts gathered. These included a highly publicized allegation of a pregnant woman whose womb had reportedly been ripped open before being killed, with her fetus stabbed while still inside her. Other allegations, including of objects intentionally inserted into female genital organs, could not be verified by the mission team due in part to limited and low-quality imagery.

15. In kibbutz Kfar Aza, while reports of conflict-related sexual violence, including at least one instance of rape, could not be verified, available circumstantial evidence may be indicative of some forms of sexual violence. In this kibbutz, similarly to other locations, female victims were found fully or partially naked to the waist down with their hands tied behind their backs and shot.

16. In the Nahal Oz military base, the mission team reviewed reports of sexual violence including a case of rape and genital mutilation, neither of which could be verified. With respect to the latter instance, while the forensic analysis reviewed injuries to intimate body parts, no discernible pattern could be identified, against either female or male soldiers. However, seven female soldiers were abducted from this base into Gaza.

17. With respect to hostages, the mission team found clear and convincing information that some have been subjected to various forms of conflict-related sexual violence including rape and sexualized torture and sexualized cruel, inhuman and degrading treatment and it also has reasonable grounds to believe that such violence may be ongoing.

18. Regarding the occupied Palestinian Territory, the mission team visited Ramallah in the occupied West Bank to engage with the Palestinian Authority, including the Ministries of Foreign Affairs, Detainees and Ex-Detainee Affairs, Women’s Affairs, Social Development, and Labor. The mission team also met with the Palestinian Independent Commission for Human Rights, conducted meetings with several civil society representatives and non-governmental organizations. It also interviewed four recently released detainees. The purpose of the visit to the occupied West Bank was to hear the views and concerns of Palestinian counterparts and engage with them on reports of conflict-related sexual violence received by the mandate, allegedly committed by Israeli security forces and settlers. This information will complement information already verified by other UN entities on allegations of CRSV in Gaza and the occupied West Bank for potential inclusion in the annual Report of the Secretary-General on Conflict-Related Sexual Violence. Stakeholders raised concerns about cruel, inhuman and degrading treatment of Palestinians in detention, including the increased use of various forms of sexual violence, namely invasive body searches; threats of rape; and prolonged forced nudity. The scope of the mission did not encompass a visit to Gaza, where several other UN entities are present and operating, including some that monitor and address sexual violence.

19. The mission was neither intended to, and nor could the mission team, in such a short period of time, establish the prevalence of conflict-related sexual violence during and after the 7 October attacks. The overall magnitude, scope, and specific attribution of these violations would require a comprehensive investigation by competent bodies.

20. Key recommendations from the visit include: a) to continue to encourage the Government of Israeli to grant, without further delay, access to the Office of the High Commissioner for Human Rights and the Independent International Commission of Inquiry on the occupied Palestinian Territory, including East Jerusalem and Israel, to carry-out fully-fledgedinvestigations into all alleged violations; b) to urge Hamas and other armed groups to immediately and unconditionally release all individuals held in captivity and to ensure their protection including from sexual violence; c) to call on all relevant and competent bodies, national and international, to bring all perpetrators, regardless of rank or affiliation, to justice based on individual, superior and command responsibility; d) to encourage the Government of Israel to consider signing a framework of Cooperation with the Office of the SRSG-SVC to strengthen capacity on justice and accountability for CRSV crimes as well as security sector engagement, training, and oversight to prevent and address CRSV; e) to strengthen the capacity of the United Nations to monitor and report on incidents, patterns and trends of CRSV in both Israel and the occupied Palestinian Territory through the establishment of the Monitoring, Analysis and Reporting Arrangements on CRSV (MARA); f) to encourage relevant actors to uphold information integrity and ethical, trauma-informed representations of conflict-related sexual violence, including by respecting and safeguarding the dignity and identity of survivors/victims and witnesses of sexual violence; g) to urge all parties to the conflict to adopt a humanitarian ceasefire, and to ensure that expertise on addressing conflict-related sexual violence informs the design and implementation of all ceasefire and political agreements and that the voices of women and affected communities are heard in all conflict resolution and peacebuilding processes.

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V. Conclusions

84. Overall, based on the totality of information gathered from multiple and independent sources at the different locations, there are reasonable grounds to believe that conflict-related sexual violence occurred at several locations across the Gaza periphery, including in the form of rape and gang rape, during the 7 October 2023 attacks. Credible circumstantial information, which may be indicative of some forms of sexual violence, including genital mutilation, sexualized torture, or cruel, inhuman and degrading treatment, was also gathered.

85. With regards to the hostages, the mission team found clear and convincing information that some hostages taken to Gaza have been subjected to various forms of conflict-related sexual violence and has reasonable grounds to believe that such violence may be ongoing.

86. The mission team was unable to establish the prevalence of sexual violence and concludes that the overall magnitude, scope, and specific attribution of these violations would require a fully-fledged investigation. A comprehensive investigation would enable the information base to be expanded in locations which the mission team was not able to visit and to build the required trust with survivors/victims of conflict-related sexual violence who may be reluctant to come forward at this point.

87. Regarding the occupied Palestinian Territory, while its scope did not extend to verification, the mission team received information from institutional and civil society sources as well as through direct interviews, about some forms of sexual violence against Palestinian men and women in detention settings, during house raids and at checkpoints. Though the mission team did not visit Gaza, the Office of the SRSG-SVC will continue to monitor the situation for any relevant allegations of CRSV in the context of the ongoing hostilities. The relevant UN entities present in the occupied Palestinian Territory will provide UN-verified information for reporting to the Security Council on allegations of CRSV, which will be complemented by the information obtained by the mission team.

VI. Recommendations

88. The mission team makes the following recommendations:

a) Continue to encourage the Government of Israeli to grant, without further delay, access to the Office of the High Commissioner for Human Rights and the Independent International Commission of Inquiry on the occupied Palestinian Territory, including East Jerusalem and Israel, to carry-out fully-fledged investigations into all alleged violations that would deepen the preliminary findings contained in the present report.

b) Urge Hamas and other armed groups to immediately and unconditionally release all individuals held in captivity and to ensure their protection including from sexual violence, in line with international law.

c) Call on all relevant and competent bodies, national and international, to bring all perpetrators, regardless of rank or affiliation, to justice based on individual, superior and command responsibility, in accordance with due process of law and fair trial standards.

d) Encourage the Government of Israel to consider signing a Framework of Cooperation with the Office of the SRSG-SVC to strengthen capacity on justice and accountability for CRSV crimes as well as security sector engagement, training, and oversight to prevent and address CRSV

e) Strengthen the capacity of the United Nations to monitor and report on incidents, patterns and trends of CRSV in both Israel and the occupied Palestinian Territory through the establishment of the Monitoring, Analysis and Reporting Arrangements on CRSV (MARA), convened by dedicated technical specialists, namely Women’s Protection Advisors (WPAs), deployed to the region to ensure prevention, protection and coordinated multi-sectoral assistance to survivors/victims.

f) Encourage relevant actors to uphold information integrity and ethical, trauma-informed representations of conflict-related sexual violence, including by respecting and safeguarding the dignity and identity of survivors/victims and witnesses of sexual violence, as sensationalizing headlines, media pressure and scrutiny, exposure of identity, political instrumentalization and pressure, and/or fear of reprisal can result in the suppression, silencing and discrediting of survivors/victims and witnesses, further compound trauma and increase the risk of social stigmatization.

g) Urge all parties to the conflict to adopt a humanitarian ceasefire, and to ensure that expertise on addressing conflict-related sexual violence informs the design and implementation of all ceasefire and political agreements and that the voices of women and affected communities are heard in all conflict resolution and peacebuilding processes.