‘Investigation into Israeli Soldiers’ Sexual Assault of Palestinian Detainee is the Tip of the Iceberg’

The abuse, torture and death of Palestinian prisoners in Israeli jails and detention facilities has finally been covered by the Western media following a report by Israel’s leading human rights organisation last week called ‘Welcome to Hell’ – but it has been going on “for decades”.

The international coverage of B’Tselem‘s findings – it collected the testimonies of 55 Palestinians held, mostly without charge, since Hamas launched its attack on Israel on 7 October 2023 – also comes on the heels of an Israeli investigation into the alleged sexual assault of Palestinian prisoners at one of its notorious detention centres, Sde Teiman, in the south of the country. 

But Israel’s investigation is a token one, ignoring many other abuses in much larger numbers, and is self-serving. Previous Israeli investigations have been whitewashed and resulted in a dismally low conviction rate, critics say.

“The Occupation’s decision to open an investigation into the rape (at Sde Teiman) is not a start to anything. It’s all for show and international consumption,” Jenna Abu Hafna, from the Addameer Prisoner Support and Human Rights Association based in Ramallah, told Byline Times.

B’Tselem Report

The B’Tselem report includes testimonies of severe abuse, including limbs restrained so severely that blood-circulation was impeded, necessitating the amputation of limbs, starvation, denial of medical treatment, severe beatings, being attacked by military dogs, banned from bathroom facilities and being forced to wear diapers while restrained.

Some reports suggest dozens of Palestinians have died in custody as result of severe beatings. As of July, 124 Palestinians remained at Sde Teiman, according to the Times of Israel, despite the Israeli attorney general urging them to be moved due to reports of abuse and deaths in custody.

Harrowing Video of Sexual Assault

A harrowing video, verified by Al Jazeera, of a Palestinian prisoner being allegedly sexually assaulted by Israeli soldiers as they stand around him with their shields protecting their faces, at the Sde Teiman, prompted the national investigation and sparked international outrage.

The victim was taken to hospital afterwards unable to walk.

While the video was widely condemned – the UN urged a “full-scale investigation” – attempts have been made to justify the alleged incident, with Israeli law-makers and right-wing activists subsequently storming two military facilities where nine Israel Defence Forces reservists suspected of raping and abusing the prisoner are being held.

A member of Prime Minister Benjamin Netanyahu’s Likud party, told a meeting of lawmakers on July 29 that anything was legitimate to do to “terrorists” in custody, CBS News reported.

Reports of abuse are not news to rights groups who have documented and reported the incidents over the years, specifically those since 7 October.

Hafna added: “The sexual abuse has included inserting metal detectors into genital and other orifices, touching women inappropriately and forcing prisoners to perform acts on themselves.”

ICC Investigates War Crimes – Israel Plays Along

As the International Criminal Court (ICC) investigates whether international arrest warrants, relating to war crimes, should be issued for Prime Minister Benjamin Netanyahu, Israel Defence Minister Yoav Gallant and several Hamas leaders, the US which is not a signatory to the ICC has been quick to say Israel is capable of investigating abuses by its security forces – thereby making any international investigation unnecessary.

Israel’s investigation is meant to pre-empt any international investigations or the issuing of any arrest warrants by proving that it takes human rights abuses seriously.

According to international reports and Israeli rights groups, Israeli investigations have largely been whitewashed and lacked transparency or accountability with conviction rates of less than three percent.

“For decades the Occupation has claimed to open endless and countless investigations into allegations of torture or violations against Palestinians,” Hafna explained, adding: “However, 99% of the time these ‘investigations’ are closed due to a lack of ‘evidence’, according to the Israelis. The same outcome into this investigation is likely with no accountability.”

In May, it was revealed that Israel had spied on the ICC for nine-years in at attempt to not only intimidate the organisation and its prosecutors, but also to know which cases the court was focusing on so as to open its own investigations.

Detention Without Trial

One of Israel’s problematic policies is detaining Palestinians without trial and, at present, over 6,600 Palestinians are being held in administrative detention – 75 are children.

Israel issues administrative detention, or imprisonment without trial, orders to some Palestinian political prisoners which allow the military to detain them for periods ranging from a few months up to years as the orders can be repeatedly renewed without the prisoners being charged with any crime, or appearing before a proper court.

Lawyers attempting to defend the men in military tribunals are not allowed to see the “secret evidence” against them as it is deemed a “security matter”.

Hafna said that since 7 October 2023, the detention and abuse of Palestinians has increased dramatically.

“Severely wounded Palestinians have been arrested and detained without being provided with medical attention. Some of them have subsequently died in detention,” she said.

In addition to those held without trial, or beaten and abused in custody, others have been kidnapped and used as political bargaining tools.

“Palestinian family members have been arrested and detained and held without food and water to try and pressure wanted men into surrendering to the Israeli authorities. Those held have included young children,” Hafna explained.

Abuse of Palestinian Children in Detention

Ayed Abu Eqtaish, from the Defence of Children International – Palestine Chapter, said that as at the end of June, 226 Palestinian children were being held in Israeli jails, according to the Israel Prison Services (IPS).

“This number doesn’t include those being held in the various Israeli military detention facilities. We’ve tried to get the figures from them but they refuse to provide us with these statistics,” Eqtaish told Byline Times.

“Of these 226, 75 are being held in administrative detention and another 17 children from Gaza have been classified as ‘unlawful combatants’. There is a high probability that other children from Gaza are being held in Israeli military detention centres. We don’t have the full picture,” he added.

Eqtaish explained that since 7 October 2023, Palestinian children, unlike Israeli children, could be held for eight days before they had to appear before an Israeli military tribunal, and that in practise they faced similar trials to adults.

Eqtaish added that some children had even been held in solitary confinement.

Palestinians Used as Human Shields

While much has been made of Hamas using Palestinians as human shields without definitive proof, there have been several cases of Israeli soldiers using detained Palestinians as human shields.

According to the Euro-Med Monitor human rights organisation, one of the worse cases involved a family – comprising an elderly woman and her four children including three young women and a one-and-a-half-year-old granddaughter – who were attacked with gunfire and bombs by Israeli forces who stormed their house in the Gaza City neighbourhood of Al-Shujaiya. 

“They were later taken outside and detained for over three hours near Israeli tanks in a dangerous combat zone, despite the injuries they sustained in the initial attack on their home, and were used as human shields. The 65-year-old mother, identified as Safiya Hassan Musa Al-Jamal, was run over by an Israeli tank and killed in front of her son,” Euro-Med reported.

A video of a young Palestinian man being strapped to an Israeli military jeep despite being wounded after he was arrested, has also circulated.

Human right activists don’t see anything changing until there are actual consequences for Israel, not just international condemnation, including jail terms for those who carry out the abuse.

The call comes as the UN’s human rights chief, Volker Türk, announced Thursday that a “grim milestone” had now been passed in Gaza – the death toll has surpassed 40,000.

“This unimaginable situation is overwhelmingly due to recurring failures by the Israeli Defense Forces to comply with the rules of war,” his statement said.

Türk said, on average, about 130 people have been killed every day in Gaza over the past 10 months, “The scale of the Israeli military’s destruction of homes, hospitals, schools and places of worship is deeply shocking”.

He added: “International humanitarian law (IHL) is very clear on the paramount importance on the protection of civilians, and civilian property and infrastructure. Our Office has documented serious violations of IHL by both the Israeli military and Palestinian armed groups, including the armed wing of Hamas.

“As the world reflects on and considers its inability to prevent this carnage, I urge all parties to agree to an immediate ceasefire, lay down their arms and stop the killing once and for all. The hostages must be released. Palestinians arbitrarily detained must be freed. Israel’s illegal occupation must end and the internationally agreed two-State solution must become a reality.”

The milestone comes as a new poll shows Israelis would still re-elect Netanyahu, suggesting much of Israeli society still supports his policies against Palestinians whether under occupation in the West Bank or unrelenting war in Gaza, Al Jazeera reported on August 15.