Israeli report accusing Hamas of using sexual violence as a weapon of war on October 7
A report released by Israel on Tuesday said Hamas used sexual violence as a “tactical weapon” in the October 7, 2023 attack, the basis for other investigations by international and Israeli rights groups and other UN investigations into attacks by militants.
The report by the legal and gender expert team Dinah Project is based on survivor and witness testimony, first responders’ accounts, and forensic, visual and audiovisual evidence. It called for a shift in the way of prosecution of conflict-related sexual violence, saying Hamas silenced the victims by killing them and robbed investigators of key evidence to hold the perpetrators accountable.
“Most victims were permanently silent – murdered during or after the attack or unable to talk after suffering – posed a unique proof challenge,” the report said.
The report comes as Israel and Hamas are negotiating a ceasefire for the 21-month war in Gaza, which began with a surprise cross-border raid by radicals. The deal will cease fighting in Palestinian territory and release some of the remaining 50 hostages, more than half of whom are dead.
Sexual violence records of hostages and witnesses
The report said it relies on dozens of accounts, including a survivor of attempted rape at the festival, 15 hostages, 17 witnesses and multiple first responders.
In some cases, the Dinah project conducted its own interviews, while in others, it relied on public testimony or published accounts.
It quoted narratives from Israel and international media, saying that 15 former hostages either experienced or witnessed some form of sexual assault, including physical violence, forced nudity, verbal sexual harassment and threats of forced marriage. Two male hostages said they face forced nudity and physical abuse nakedly.
The report said witness claims indicate at least 15 separate cases of sexual assault, including at least four cases of gang rape.
The report said its findings show patterns of sexual assault committed, including victims found partially or completely naked, showing evidence of gang rape, killing, genital dismemberment and public humiliation, indicating that they were intentionally used as weapons of war.
Hamas' other allegations of sexual violence
Hamas officials did not immediately respond to requests for comment on the new report. Hamas had previously denied that its troops suffered sexual violence on October 7, 2023, and militants rushed into Israel, killing 1,200 people and taking 251 hostages.
In a report last year, the United Nations said there were “reasonable reasons” to believe Hamas committed rape, “sexual torture” and other cruel and inhuman treatment of women.
In an arrest warrant against three Hamas leaders who were eventually killed by Israel, the International Criminal Court prosecutor said they were responsible for the October 7 attack “rape and other sexual violence as an act of crime against humanity.”
Report urges new approaches
The report recommends that conflict-related sexual violence differ from conventional sexual offences to allow evidence not to rely primarily on victim testimony to illustrate “the victim’s systemic silence.”
It requires the acceptance of different forms of evidence in any conflict-related prosecution of violence. It said joint criminal liability should be applied to all participants in the attack, rather than attempting to connect a single perpetrator to a specific act and victim.
The report said this approach would provide “avenger to justice and potentially justice for victims in other conflict areas” for victims of the October 7 attack.
