ISRAEL
INDEPENDENT INTERNATIONAL INVESTIGATION INTO THE SEXUAL CRIMES OF OCTOBER 7, 2023
© WWoW - Kibboutz Nir Os
CONTEXT
On October 7, 2023, members of Hamas and other factions carried out coordinated attacks against Israel from land, sea and air. More than two dozen civilian communities - kibbutzim, a music festival and military bases in southern Israel, close to Gaza - were targeted. In all, almost 1,200 Israeli civilians and soldiers were murdered, hundreds of homes looted and burned, and over 230 women, men and children kidnapped.
Allegations of rape and genital mutilation committed on the bodies of women and men soon emerged as part of a wider pattern of sexual and gender-based violence, not as isolated events.
Numerous videos and photos bear witness to these events. For example, a video showing the naked, disarticulated body of the young German-Israeli woman Shani Louk paraded in Gaza was broadcast as soon as the attack began, constituting a characteristic element of sexual violence within the meaning of the Statute of the International Criminal Court and international criminal law. Hundreds of photos and videos evoking signs of sexual crimes circulated, showing, for example, kidnapped women with clothing stained on their crotches. At least seven locations were reported to have been the scene of sexist and sexual violence.
In December 2023, WWoW, Céline Bardet travelled to Israel and visited the various massacre sites, including Sderot, and the Niroz Kibbutz. She also met survivors, feminist organizations, members and the chairwoman of the civil commission on the October 7 massacres, as well as some investigators. This first trip enabled WWoW to assess the scale of the crimes committed, as well as the needs for an independent investigation.
THE NEED FOR AN INDEPENDENT, ACCURATE AND SUBSTANTIATED INVESTIGATION
By their nature, gravity and scale, the events of October 7, 2023 may constitute international crimes under international criminal law. Sexual crimes are expressly included in the Statute of the International Criminal Court (ICC), as acts constituting crimes against humanity, war crimes and genocide.
These events are taking place in a sensitive political context, the subject of an almost inaudible public debate in which the seriousness of the crimes committed on October 7 is regularly called into question. In particular, the NGO WWoW has been violently attacked for having denounced these sexual crimes as early as October 7, 2023.
To be able to respond in a factual and objective manner, and thus enable the sexual crimes to be established on the basis of non-refutable elements, it is urgent and indispensable to be able to carry out independent investigative and documentation work, in line with the highest standards of international criminal justice.
© WWoW - Kibboutz Nir Os
© WWoW - Kibboutz Nir Os
OBJECTIVES AND RESULTS
To document the sexual crimes committed on October 7, 2023, to establish irrefutably the facts, their nature, scope, and modus operandi, in particular to combat all denialist rhetoric.
Analyze the elements of premeditation and coordination of the sexual crimes committed, and place them in the broader context of the attacks,
Identify the perpetrators of these crimes, whether direct perpetrators, instigators, or accomplices, and establish the chain of responsibility; and propose an initial legal characterization of the facts under international criminal law.
Alert international public opinion, through work that will take several forms: a criminal investigation file to supply national and international jurisdictions, a website for the public presenting the findings, partnerships with international print and audiovisual media, documentaries, and television reports on the work.
This work will be carried out in stages over a period of 6 to 8 months, which has already begun. It brings together a team of investigators, international lawyers, and experts.
The budget to be financed is €350,000. It mainly includes :
i. travel and accommodation expenses for the team: €80,000
ii. tools for gathering evidence and testimony: €40,000
iii. team and expert costs: €200,000
iv. media and communication plan: €30,000
This investigation will be carried out in compliance with the highest standards of independent investigation, particularly about international texts on the gathering and admissibility of evidence. The aim of this initial work is to establish a standard model for independent investigations of sexual crimes by an NGO. The aim is to put in place a rapid, responsive system, particularly in response to the increasingly chronic impotence of multilateral organizations. This methodological model is intended to be replicated in other geographical areas, notably the Palestinian territories, Tigray, Sudan, Northern Nigeria, Libya and many others.