Israel Investigates Possible 'Sexual Crimes' by Hamas Members

Israeli police are investigating the possibility of sexual crimes committed by several members of Hamas who were arrested following the group's attack on October 7. They intend to prosecute all suspects currently in custody. According to Israeli officials, among the 1,200 people killed in the Hamas attack on southern Israel, at least 300 were women. However, investigations into the alleged sexual crimes committed by Hamas members on the night of the attack face challenges. Reuters reported that during the bloodiest attacks in Israel's 75-year history, fighting continued for days in some locations, making access impossible. By the time bodies were found, many had decomposed. Chen Kugel, head of Israel's National Forensic Center, stated that when bodies reach such a stage of decomposition, standard protocols for proving sexual assault become nearly impossible, saying, 'Perhaps if we had the chance to examine them within the first 24 hours, it would have been possible.' Israeli police also stated that the main opportunity to collect evidence linking these crimes to specific suspects has largely been lost. Nevertheless, evidence has been gathered. The Israeli Ministry of Justice stated that 'victims were tortured, physically abused, and raped, mutilated, and burned alive.' Hamas vehemently denies allegations of sexual assault or mutilation of women by its armed wing, the Izz ad-Din al-Qassam Brigades, on the night of the attack or afterward. Rescuers and others who have seen the deceased and confirmed claims of sexual violence told Reuters that they found women half-naked or naked, with signs of injury and bruising, in two neighborhoods, including the Be'eri settlement and at an outdoor music festival near the Gaza border. Reuters reviewed images that matched some descriptions or confirmed other possible crimes. However, it cannot independently verify all online accounts. Taher al-Nunu, media advisor to Hamas's political bureau chief, denied any responsibility for sexual assaults during this attack and called for 'serious and impartial international investigations into this matter.' Amid Israel's criticism of the UN's silence on this issue, a UN commission investigating war crimes on both sides of the Israel-Hamas conflict will examine allegations of sexual violence by Hamas. Israel has accused this commission of bias and stated it will not cooperate with the investigations. Meanwhile, three legal experts told Reuters that convictions could be based on witness testimony and situational evidence, even without forensic evidence. However, they noted that one of the obstacles police investigators face is that many victims are dead or have suffered psychological trauma. Orit Susiano, head of the Israeli Sexual Assault Crisis Centers Association, stated that 'dozens' of surviving victims and witnesses are currently seeking help, and their names are not disclosed to protect their privacy. She said it may take years for a victim or witness to come forward and make a claim. Authorities have ordered that investigations in this area be conducted quietly; however, Shelly Harosh, commander of the Israeli army, told parliament on December 6 that they have received 1,500 testimonies regarding violent crimes, including sexual violence and mutilation of genitalia from survivors, security forces, first responders, and victim families. She stated that prosecutors could rely on the legal doctrine of joint responsibility – this doctrine was applied earlier this year to convict 11 people on charges of gang rape in Israel. Nobakh, a legal expert, also told Reuters that witness statements alone cannot always guarantee an indictment or conviction, but overall, the collected information is reliable enough to indicate that sexual and gender-based violence likely occurred. On the other hand, Israel stated that if prosecutions of perpetrators in the country face challenges, the International Criminal Court in The Hague will be established to prosecute those responsible for war crimes. Israel has previously stated that it has jurisdiction over the brutal crimes committed by Palestinians on that day on Israeli soil. The Hague can only act if states are unwilling or unable to prosecute war crimes committed by nationals of member countries or within their territory. The International Criminal Court claims to have gathered a significant amount of information and evidence. Israeli lawyers say that the evidentiary requirements regarding sexual violence in the international court are less challenging than in Israel, as, for example, there is no need for victim testimony. Or if acts occur during collective crimes, the lack of consent from victims generally does not need to be proven separately. However, for the Israeli government, referring complaints to the International Criminal Court is problematic: Tel Aviv does not recognize the court's jurisdiction – although Israeli citizens and the government are free to provide evidence. An Israeli lawyer, pointing out where such cases could be examined, told Reuters, 'This is where Israel finds itself at a crossroads. Israel may hold some criminals accountable, but it does not have access to instigators of these crimes, commanders, or accomplices that the International Criminal Court could bring to trial.' The United States, the United Kingdom, the European Union, Japan, Israel, and several other countries have listed Hamas as a terrorist organization. A ceasefire has been extended, but Hamas has launched armed attacks on Israeli citizens in Jerusalem. The UN commission is investigating acts of sexual violence by Hamas. Israel held a meeting on sexual violence by Hamas militants in Geneva. Families of Israeli female hostages are questioning: Where are women's groups in the world?