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Wednesday, October 16, 2024 02:27
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Jennifer McKay

The writer is Australian Disaster Management and Civil-Military Relations Consultant, based in Islamabad where she consults for Government and UN agencies. She has also worked with ERRA and NDMA.

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Hilal English

Israel’s Relentless Violence

September 2024

Israel's ongoing war in Gaza, under Prime Minister Netanyahu, has led to widespread death, displacement, and severe human rights violations, including torture and sexual violence. Despite global condemnation and mounting evidence of war crimes, Israel continues its brutal campaign, raising urgent calls for international accountability.



Just when we think the war crimes and human rights violations committed by Israel against the people of Gaza cannot get any worse, new horror stories come to light. Already accused of committing genocide in the International Court of Justice (ICJ) and war crimes in the International Criminal Court (ICC), Israel’s brutal war in Gaza, under the leadership of the ruthless hard-liner Prime Minister Benjamin Netanyahu, rages unabated.
In the early hours of the morning as Fajr prayers were being offered on August 9, a mosque inside Al Tabi’in School in the al Daraj section of Gaza City was struck by Israeli missiles. At least 100 people were slaughtered, including women and children who were torn to pieces. The Office of the UN High Commission for Human Rights Office (OHCHR) in the Occupied Palestinian Territory said in a statement that the school had been struck by the Israel Defense Forces (IDF) at least three times, adding that the attacks were “conducted with apparent disregard for the high rate of civilian fatalities”. 
The Al Tabi’in school attack is the 21st strike on a school, each serving as a shelter, that the OHCHR has recorded since July 4, totalling at least 274 fatalities. The OHCHR stated, “Despite IDF statements that all measures are taken to avoid civilian harm, the repeated strikes on shelters [for displaced people] in areas to which the populations have been forced to move and the consistent and predictable impact on civilians suggest a failure to strictly comply with obligations required by international humanitarian law.” 
Israel has bombed hospitals killing staff and patients, schools, playgrounds, shelters and camps for the displaced, fired on people trying to get food, prevented sufficient international aid from reaching the starving people of Gaza, destroyed the health system, imprisoned men, women and children arbitrarily, tortured, raped and committed other forms of sexual violence, denied medical assistance to prisoners, killed 40,000 people, displaced almost 2 million, targetted journalists and innocent children. The list of war crimes and crimes against humanity continues to proliferate but the Israeli leadership remains defiant and dangerously belligerent.


In the early hours of the morning as Fajr prayers were being offered on August 9, a mosque inside Al Tabi’in School in the al Daraj section of Gaza City was struck by Israeli missiles.  At least 100 people were slaughtered, including women and children who were torn to pieces. 


On July 31, 2024, the OHCHR in Geneva released an alarming thematic report. Titled “Detention in the Context of the Escalation of Hostilities in Gaza (October 2023-June 2024)”, the report documents accounts of severe human rights violations perpetrated by Israeli security forces in detention facilities between October 2023 and June 2024. The findings are based on extensive monitoring and data collection by the OHCHR in cooperation with civil society, non-governmental organizations (NGOs) and governmental entities in the Occupied Palestinian Territories, and from interviews with former detainees, victims and witnesses. It makes for harrowing reading and not for the squeamish.
The report provides graphic evidence of the horrific torture and ill-treatment of detainees in detention in Israel, including sexual and gender-based violence and inhumane detention conditions involving the restriction of food, water, sanitation, medical treatment and electricity. The detention centres run by the Israeli military, particularly the notorious Sde Teiman army detention facility in the Negev Desert, have come in for particularly harsh criticism. 
According to the OHCHR report, thousands of Palestinians have been detained since October 7, 2023, including at least 40 United Nations Relief and Works Agency for Palestinian Refugees in the Near East (UNRWA) staff members. Most detainees are men and adolescent boys, though women and young girls have also been detained in large numbers. Additional data from a Palestinian prisoner’s organization indicates a record high of 8,910 detainees between October 7, 2023, and May 28, 2024, including 295 women, 630 children, and temporarily detained individuals since released without charges. 
Most arrests were found to be arbitrary, lacking legal grounds, access to a lawyer, and due process. Evidence also indicates that some incarceration orders targeted individuals for exercising fundamental human rights, such as freedom of expression. 
Israeli military-run detention facilities have been found to severely violate basic human rights standards, with reports of open violence, detention in the open air with no protection from harsh weather, ill-treatment, regular humiliation, food deprivation, and sexual assault of detainees. Prime Minister Netanyahu’s ludicrous claim that “the IDF is the most moral army in the world” would be laughable if it were not so monstrous in light of the immense volume of evidence to the contrary. 


The OHCHR stated, “Despite IDF statements that all measures are taken to avoid civilian harm, the repeated strikes on shelters [for displaced people] in areas to which the populations have been forced to move and the consistent and predictable impact on civilians suggest a failure to strictly comply with obligations required by international humanitarian law.”


Particularly deplorable is the level of sexual and gender-based violence against both men and women, including forced nudity, electrocution of genitals, humiliating strip searches, sexual slurs, threats of rape toward women, and rape of men and boys. These violations are supported by testimonies from victims and video and photographic evidence.  
Palestinians released from Israeli custody told OHCHR that the Israeli Security Force (ISF) subjected detainees to extreme violence and humiliation in a systematic manner, including through repeated serious physical assaults, setting dogs on the detainees, in some cases resulting in attacks and bites, and widespread threats and insults. 
According to reports from Israeli medical personnel and whistleblowers, injured detainees from Gaza were held at a field hospital established in the Sde Teiman compound, where they were blindfolded at all times, their arms and legs shackled to their beds, and they were fed through a straw. An Israeli doctor reported that two Palestinian detainees from Gaza had had their legs amputated there in what he called “a routine event”, due to injuries caused by harsh shackling by the IDF. Children have reportedly been arrested and detained at military detention facilities jointly with adults. 


On July 31, 2024, the OHCHR in Geneva released an alarming thematic report. Titled “Detention in the Context of the Escalation of Hostilities in Gaza (October 2023-June 2024)”, the report documents accounts of severe human rights violations perpetrated by Israeli security forces in detention facilities between October 2023 and June 2024.


Since the OHCHR report was released, other graphic evidence has come to light including a shocking video aired by Israel’s Channel 12 of Israeli soldiers isolating and raping a male prisoner. The footage shows detained Palestinians lying on the floor with their hands and eyes covered. A group of reserve soldiers are then seen taking one of the detainees aside, then trying to hide their subsequent actions with riot shields. The victim was taken to a field hospital at Sde Teiman with “a ruptured bowel, a severe injury to his anus, lung damage and broken ribs”, according to media reports.
So how did this video come to light? In late April, nine Israeli soldiers were arrested for the rape of a Palestinian detained in Sde Teiman, a facility in southern Israel’s Negev desert. Since Israel’s war on Gaza began in October, many Palestinians detained by Israeli forces have said they were sexually abused by troops at Sde Teiman. However, no one had been arrested for the abuse until July 29, when military police (on the orders of Major General Yifat Tomer-Yerushalmi, Israel’s military Advocate General), surprisingly opened a military police investigation into the incident. They raided the facility, clashed with the soldiers, and took them into custody. According to Haaretz, an independent daily newspaper with a broadly liberal outlook, the detained soldiers belong to a unit known as Force 100, tasked with guarding the Sde Teiman facility. The video of the sexual assault, taken from security cameras in the facility, appears to have come to light in subsequent legal proceedings and forms part of the evidence against the soldiers. 
The arrest of the soldiers, a rare event in the conflict, created a backlash in Israel, with a far-right mob that included a government minister and other far-right members of the Knesset (Israeli parliament), storming the detention centre and a military court at the Beit Lid base, in protest against the arrests. Knesset members amongst the protesters threatened to have the prosecutors charged as traitors for daring to arrest the soldiers. 
A member of Prime Minister Benjamin Netanyahu's Likud Party, speaking later the same day at a meeting, justified the rape and abuse of Palestinian prisoners, shouting furiously at colleagues questioning the alleged behaviour that anything was legitimate to do to "terrorists" in custody. Protesters have since surrounded the home of the prosecutor threatening dire consequences for pursuing the case against the soldiers, and held other protests in the streets.
The pressure on the Military Advocate General Major General Yifat Tomer-Yerushalmi, may have achieved a result. Appearing before the Israeli Parliament Foreign Affairs and Defense Committee on August 11, the Military Advocate General reportedly referred to her investigation of torture of Palestinian detainees as an "effort to shield them and the armed forces from international tribunals”. This is an astounding confession of either duplicity to circumvent the international courts or caving in to pressure by the far right. 


According to the OHCHR report, thousands of Palestinians have been detained since October 7, 2023, including at least 40 United Nations Relief and Works Agency for Palestinian Refugees in the Near East (UNRWA) staff members.


While the Military Advocate General was offering her apologetic account of the investigation into torture at the Sde Teiman Detention Camp, Advocate Simcha Rothman, a member of the Knesset for the National Religious Party–Religious Zionism, convened the Constitution, Law, and Justice Committee to pressure her against any further inquiry and demanded that the prosecution of the soldiers be dismissed. At the time of writing, the outcome was undecided.
However, the contents of the video leaked to Channel 12 shocked even Israel’s staunchest ally, the United States. When questioned about it, U.S. State Department spokesperson Matthew Miller said, “We have seen the video, and reports of sexual abuse of detainees are horrific,” Miller also stated, “There ought to be zero tolerance for sexual abuse, rape of any detainee, period. If there are detainees who have been sexually assaulted or raped, the government of Israel, the IDF need to fully investigate those actions.” The White House also called the reports of rape, torture and abuse of Palestinian prisoners “deeply concerning”. No doubt, Israel will continue to ignore the condemnation and the war crimes will continue. But one wonders how long the U.S. can keep defending Israel’s crimes against the people of Gaza.
The allegations of abuse by Israeli soldiers against Palestinian detainees at Sde Teiman had been circulating for several months. They were first reported in May by anonymous Israeli whistle-blowers who worked at the facility in the Negev Desert. The whistle-blowers reported horrific details of abuse, torture and mistreatment of Palestinians. A three-month investigation by The New York Times (NYT) published in June, also uncovered harrowing details of the conditions endured by the roughly 4,000 Palestinian detainees, including torture, sexual violence, and numerous serious abuses of human rights.
Although Israel denied that sexual abuse was taking place, lawyer Khaled Mahajneh, who visited the site three weeks later, not only corroborated the NYT report uncovering rape but, deeply shaken by the horrors he saw and what he learned from prisoners, went on to state that the treatment of Palestinians by Israeli soldiers is more horrifying than Abu Ghraib and Guantanamo.  At least 13 prisoners are said to have died in recent months from abuse in Israeli prisons. That figure could be much higher with Haaretz reporting that the number of Palestinians who died because of Israeli torture and abuse could be as high as 27 since October 7 last year. Some organisations have reported higher numbers.
Israel has no compassion whatsoever for the people of Gaza. Think about this for a moment. Israel’s far-right Finance Minister, Bezalel Motrich, suggested at a conference in early August that it would be “justified and moral” to starve two million people in Gaza to free captives held in Palestinian territory. Motrich said, "No one in the world will allow us to starve two million people, even though it might be justified and moral in order to free the hostages." He also said, “We are bringing in humanitarian aid because we have no choice. We are in a situation that requires international legitimacy to conduct this war."


Prime Minister Netanyahu’s ludicrous claim that “the IDF is the most moral army in the world” would be laughable if it were not so monstrous in light of the immense volume of evidence to the contrary. 


Smotrich's remarks, which have the hallmarks of genocidal intent, sparked outrage in the international community including the leadership of the United Kingdom (UK) and France, with the European Union saying the deliberate starvation of civilians was a "war crime". "It demonstrates, once again, his contempt for international law and for basic principles of humanity," the EU said in a statement from the High Representative, Josep Borrell. "We expect the Israeli government to unequivocally distance itself from the words of Minister Smotrich," the EU said, as it called for access to cover the humanitarian needs of Gazans, including hundreds of thousands of children.


Palestinians released from Israeli custody told OHCHR that the Israeli Security Force (ISF) subjected detainees to extreme violence and humiliation in a systematic manner, including through repeated serious physical assaults, setting dogs on the detainees, in some cases resulting in attacks and bites, and widespread threats and insults.


But after ten months of hostilities, Israel continues to ignore international humanitarian law and international human rights law to inflict unspeakable acts of violence on the people of Gaza. Until now they have been getting away with it. However, despite their manipulation of international laws and their abuse of the ‘right to defend’, they are now being challenged more rigorously by some countries. Although the United Nations seems powerless to stop the war or to enforce judgements of the International Court of Justice (ICJ), the landmark case commenced by South Africa alleging genocide is continuing. On a positive note, more countries have joined as parties to the legal action commenced by South Africa. 
The U.S. has a veto power over decisions of the Security Council and that is protecting Israel from the enforcement of the ICJ judgements for implementing provisional measures. Further, the U.S. does not recognise the authority of the International Criminal Court (ICC) so if warrants are issued for the arrest of Israel’s leadership, they will not arrest them should they visit the U.S. 
The ICC case alleging war crimes against leaders of all parties to the conflict could have wide-reaching ramifications for Israel’s leadership. The detailed statement of ICC Prosecutor Karim A. A. Khan KC on 'Applications for Arrest Warrants in the Situation in the State of Palestine' is clear.  Prosecutor Khan accuses the Hamas leadership and the Israeli Prime Minister and Defence Minister of committing war crimes. The following summarises the case against the Israeli leadership. 
Prosecutor Khan states, “On the basis of evidence collected and examined by my Office, I have reasonable grounds to believe that Benjamin Netanyahu, the Prime Minister of Israel, and Yoav Gallant, the Minister of Defence of Israel, bear criminal responsibility for the following war crimes and crimes against humanity committed on the territory of the State of Palestine (in the Gaza Strip) from at least October 8, 2023:
▪  Starvation of civilians as a method of warfare as a war crime contrary to article 8(2)(b)(xxv) of the Statute;
▪  Wilfully causing great suffering, or serious injury to body or health contrary to article 8(2)(a)(iii), or cruel treatment as a war crime contrary to article 8(2)(c)(i);
▪  Wilful killing contrary to article 8(2)(a)(i), or Murder as a war crime contrary to article 8(2)(c)(i);
▪ Intentionally directing attacks against a civilian population as a war crime contrary to articles 8(2)(b)(i), or 8(2)(e)(i);
▪ Extermination and/or murder contrary to articles 7(1)(b) and 7(1)(a), including in the context of deaths caused by starvation, as a crime against humanity;
▪  Persecution as a crime against humanity contrary to article 7(1)(h);
▪ Other inhumane acts as crimes against humanity contrary to article 7(1)(k).”


A member of Prime Minister Benjamin Netanyahu's Likud Party, speaking later the same day at a meeting, justified the rape and abuse of Palestinian prisoners, shouting furiously at colleagues questioning the alleged behaviour that anything was legitimate to do to "terrorists" in custody.


The statement continues, establishing jurisdiction: “My Office submits that the war crimes alleged in these applications were committed in the context of an international armed conflict between Israel and Palestine, and a non-international armed conflict between Israel and Hamas (together with other Palestinian Armed Groups) running in parallel. We submit that the crimes against humanity charged were committed as part of a widespread and systematic attack against the Palestinian civilian population pursuant to State policy. These crimes, in our assessment, continue to this day.” The statement then goes on to more specifically identify elements of the case. It is a damning indictment. Warrants are yet to be issued but the UK has withdrawn its petition challenging the issue of warrants against Netanyahu and Gallant. U.S. remains firm in supporting Israel’s leadership.
Netanyahu recently visited the U.S. and was given the opportunity to address Congress where he played the victim card saying he would forcibly oppose the false accusations, and that Israel would always defend itself. He received a standing ovation from the staunchly supportive Republican audience. Most Democrats stayed away in protest. However, in the UK, the recent change of government showed signs of a shift in support for Israel when the new UK Prime Minister Keir Starmer announced that the UK would drop its challenge against arrest warrants being issued by the ICC for Prime Minister Netanyahu and Defence Minister Gallant. This is a significant change in direction by the UK which has been a staunch supporter of Israel’s pursuit of its war in Gaza. 


At least 13 prisoners are said to have died in recent months from abuse in Israeli prisons. That figure could be much higher with Haaretz reporting that the number of Palestinians who died because of Israeli torture and abuse could be as high as 27 since October 7 last year. Some organisations have reported higher numbers.


Although not enforceable, the High Commissioner for Human Rights also lays out strong recommendations in the “Detention in the Context of the Escalation of Hostilities in Gaza (October 2023-June 2024)” report. All parties to the conflict including Palestinian Armed Groups. The Government of the State of Palestine, and most strongly, for the Government of Israel. The recommendations section of the report states:
“The High Commissioner calls on all parties to the conflict to implement a ceasefire, to ensure full respect for international law, including international humanitarian law and international human rights law, and to ensure accountability for violations and abuses. All parties to the conflict must immediately end all forms of arbitrary detention, including the holding of hostages, as well as torture or other ill-treatment, rape and other forms of gender-based violence, and ensure accountability for serious violations and abuses.”
The High Commissioner provided ten recommendations for the Government of Israel. He also called on all States and international organizations to exert their maximum influence to stop human rights violations and abuses and violations of international humanitarian law by all parties to the conflict and to prevent their further commission.
Talks of ceasefires come and go, and the relentless suffering of the Palestinian people continues. The likelihood of Israel suddenly developing a humanitarian conscience is minuscule. The intent is total domination and the crushing of Gaza and its people. In yet another example of this ethnic cleansing thinking, in the latest round of ceasefire talks Israel’s far-right National Security Minister Itamar Ben-Gvir, said that a ceasefire would be a mistake and called for the permanent occupation of the Gaza Strip. He said that the transfer of all humanitarian aid and fuel should be stopped until all captives held by Hamas are released and Israeli authorities must “encourage immigration and occupy the territories of the Gaza Strip in order to keep them in our hands permanently”, he wrote in a tweet.
As the death toll in Gaza climbs past 40,000 and the numbers of injured and missing grows, constant displacement keeping people on the move trying to find shelter from the bombings, starvation and disease rapidly increasing, obscene levels of violence escalating, and Israel continues its grave violations of international humanitarian law, peace and safety for the people trapped in Gaza seems a long way off.
The world is becoming desensitized to the war in Gaza as the constant flow of horror stories in the media and social media overwhelms the senses. The risk is that globally, people look away from the suffering of the people in Gaza and it fades from public consciousness. But Israel must be held accountable for war crimes and genocide in Gaza. The international community, particularly the United Nations and Israel’s supporters including the United States, must take responsibility to pressure Israel to end the war, stop the Gaza genocide and the war crimes being perpetrated on the people of Gaza, and help them rebuild their shattered lives.


The writer is an Australian Disaster Management and Post-Conflict Reconstruction and Rehabilitation Advisor living in Islamabad. She consults for government and UN agencies and has previously worked at both ERRA and NDMA.
E-mail: [email protected]

Jennifer McKay

The writer is Australian Disaster Management and Civil-Military Relations Consultant, based in Islamabad where she consults for Government and UN agencies. She has also worked with ERRA and NDMA.

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