The United Nations committee on torture says there is evidence that Israel is operating a 'de facto state policy of organised and widespread torture'.
The committee regularly reviews the records of all countries which have signed the convention against torture, taking testimony from their governments, and from human rights groups.
During Israel's review, both Israeli and Palestinian rights groups gave harrowing details about conditions in Israeli detention centres. It is alleged that thousands of Palestinians have been detained by Israel since the Hamas attacks of October 7th, 2023.
Under Israel's laws on administrative detention and on Unlawful Combatants – suspects who cannot be classified as prisoner of war - they can be held for long periods without access to a lawyer or family members.
Many Palestinian families say they have waited months to learn about the detention status of their loved ones, which the UN committee described as 'enforced disappearance'.
The committee was particularly critical of Israel's reported use of the Unlawful Combatants law to detain whole groups of Palestinians, including children, pregnant women, and the elderly.
But it is the reported conditions in detention that make for grim reading in the committee's conclusions, published today.
Palestinians, the evidence suggests, are regularly deprived of food and water, and subjected to severe beatings, attacks by dogs, electrocution, waterboarding, and sexual violence. Some are allegedly permanently shackled, denied access to a toilet, and forced to wear diapers.
The committee concluded that such treatment 'amounts to war crimes and crimes against humanity'. It stated that evidence of a 'de facto state policy of organised and widespread torture' by Israel constitutes one of the acts that could qualify as genocide under international law.
Israel has repeatedly rejected accusations that it is committing genocide against Palestinians in Gaza.
One committee member, Peter Vedel Kessing of Denmark, expressed to his colleagues their 'deeply appalled' sentiments regarding the testimonies presented. They expressed concern over a lack of investigations or prosecutions into allegations of torture, calling on Israel to launch independent inquiries and hold accountable those responsible, including senior military officers.
Israel, traditionally critical of the UN for purported bias, did not provide statements on the committee's findings today. However, regarding the committee hearings, its ambassador, Daniel Meron, characterized the allegations of torture as 'disinformation'.
Meron asserted that Israel remains 'committed to upholding its obligations in line with our moral values and principles, even amidst challenges from a terrorist organization'.
The UN committee also condemned the Hamas attack of October 2023 and acknowledged the security challenges faced by Israel. However, they asserted that violations of international law by one faction do not provide justification for similar acts by the opposing side. Under the convention, which Israel is a party to, the prohibition on torture is absolute, regardless of circumstances.
Some legal experts argue that Israel's domestic law ambiguously suggests the convention applies only to Israeli territories and not the occupied territories of Gaza and the West Bank.
The committee's findings occur as Israel faces increased scrutiny over its human rights track record. The UN Human Rights Office recently indicated that the killing of two Palestinian individuals in the West Bank by Israeli soldiers resembled a 'summary execution', given video evidence showing the men in surrendering posture.
Moreover, UN aid agencies have reported dire conditions for Gaza residents, continuing to face hardships amid ongoing airstrikes and insufficient aid supplies as winter approaches.
