Sexual, reproductive and other forms of gender-based violence since 7 October 2023: Findings from the Report of the Independent International Commission of Inquiry

The report released on 13 March 2024 by the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem and Israel (“More than a human can bear : Israel’s systematic use of sexual, reproductive and other forms of gender-based violence since 7 October 2023” ) [1] , implicates Israeli security forces and settlers in the implementation of a systematic use of sexual and reproductive violence against the Palestinian population, particularly women, since 7 October 2023. According to the Commission, these acts of violence have become instruments of warfare employed by the Israeli government to “dominate, oppress, and destroy” the Palestinian population. Such acts amount to war crimes and crimes against humanity under international criminal law and international humanitarian law. The report underscores serious violations of the right to life and raises the potential classification of these acts as crimes against humanity, including the crime of extermination . It highlights the heightened vulnerability of women in this context. Based on the Commission’s findings, in October 2023, women accounted for 33% of those killed in Gaza. This rise in female casualties is attributed primarily to the intensification of aerial bombardments, the broadening of targeting criteria, and public statements by certain Israeli officials, which may be construed as tacit authorisation to attack civilian sites across the Gaza Strip. Investigating Atrocity: The Power and Limits of International Inquiries Commissions of inquiry, fact-finding missions, and other investigative bodies are established to examine, document, and analyse serious violations of international human rights law and international humanitarian law. By ensuring the collection of evidence and the identification of potential perpetrators, these mechanisms play a crucial role in the legal characterisation of acts as crimes, thereby contributing to an impartial and objective understanding of the facts. Since 1963, seventy-five commissions of inquiry and fact-finding missions have been established. Depending on the context, such missions may be national in scope, encompassing an entire territory, or focused on a specific region. In certain cases, they are mandated to investigate particular incidents. Each commission has the authority to define the scope and duration of its mandate, appoint its members, and organise its operational capacities according to its objectives. Their mandate goes beyond merely recording violations: they aim to identify patterns of recurrent abuse and, in some cases, to name individuals suspected of bearing responsibility . However, these investigative bodies are temporary and non-judicial in nature . Their purpose is to highlight breaches of international law and issue recommendations for remedial action . They operate within an intermediary framework, designed to facilitate access to justice without constituting judicial authorities in themselves . Their findings serve to inform ongoing legal proceedings , but do not carry the binding force of judicial decisions . This lack of enforceability, combined with the absence of coercive mechanisms, significantly limits their direct impact . Consequently, these investigative mechanisms do not constitute a judicial response as such, but rather serve as a palliative instrument in light of the limitations of international criminal justice . They represent an additional lever in the fight against impunity. What is the Methodology of a Commission of Inquiry? Initially, these commissions were primarily tasked with determining whether violations of human rights constituted offences under international law and with identifying those responsible, while collecting the relevant evidence . At the time, their approach was more political than legal in nature . However, in light of recent developments, international criminal responsibility has become a central concern in the work of such commissions, leading to a revision of both their methodology and their findings . The advent of digital technologies has introduced new methodological challenges, particularly in view of the transformations affecting the nature of armed conflicts. For instance, certain commissions — such as the one mandated to investigate the situation in Venezuela — have incorporated open-source information into their evidence-gathering processes. [2] Despite these methodological advances, several commission reports have faced criticism for allegedly harbouring underlying political biases . These critiques underscore the importance of enhanced transparency in the selection of sources and witnesses , as these elements are essential to ensuring the reliability and objectivity of findings. The quality of an investigative report is generally assessed according to strict criteria, such as accuracy, objectivity, consistency, reliability of sources, balance, and independence. [3] In fulfilling their mandates, United Nations commissions of inquiry employ a variety of investigative methods, including witness interviews, written documentation, videos, satellite imagery, and forensic evidence . In this context, access to the field and the quality of sources are key determinants. Nevertheless, commissions often encounter significant obstacles , particularly when States oppose their involvement. It must be recalled that the consent of States is not required for the establishment of an investigative mechanism. However, when States disapprove of the existence or scope of such mechanisms, they may attempt to undermine the integrity of the investigative process. For instance, in the case of the present report “More than a human can bear” , the Commission was unable to conduct a mission to Israel. It therefore had to rely primarily on information provided by NGOs operating on the ground, as well as on direct (victims, eyewitnesses) and indirect testimony. This situation raises a fundamental question: does such a context compromise the rigour of the investigation? Does the report, in this case, show signs of bias or political influence? Not inherently. While on-site presence is undoubtedly desirable to ensure a thorough and independent investigation, such circumstances do not constitute an insurmountable obstacle to the formulation of relevant and methodologically sound findings. The Israeli-Palestinian conflict is by no means an isolated case. Other commissions of inquiry have carried out their work under similar conditions, without this necessarily undermining the quality of their reports. Notable examples include the Commissions of Inquiry on Burundi and Eritrea, the Commission of Inquiry on the Democratic People’s Republic of Korea (DPRK), and the Independent International Fact-Finding Mission on Myanmar. [4] Nevertheless, this physical disconnect from the territory in question frequently exposes Commissions to criticism. They are therefore required to detail their methodology with particular rigour and transparency . The Commission on Darfur, for instance, was criticised regarding its process for selecting witnesses. A comparable issue was observed in the case of the Commission mandated to investigate the situation in Libya. Similarly, during the 2009 investigation into events in Gaza, key individuals were arrested and detained by the authorities before they could testify before the Commission. In relation to the DPRK, two major issues concerning sources of information emerged. First, with respect to documentary evidence, the investigation relied primarily on English-language sources or Korean texts translated into English. This led to the underrepresentation of contributions from NGOs and research institutions publishing predominantly in Korean. Second, a similar issue affected the testimonial evidence. The Commission identified a potential pool of 30,000 witnesses, the vast majority of whom were North Korean nationals who had emigrated to South Korea. The Commission itself acknowledged that this self-selected sample generally held a negative perception of the North Korean regime. [5] Given the lack of direct access to the territory concerned, one of the principal challenges faced by such commissions lies in their reliance on investigations and evidentiary material provided by NGOs, local civil society organisations, and civilian witnesses . While these contributions are essential, they also raise critical questions regarding the assessment and verification of the information collected, as these actors may not possess the necessary tools or the requisite distance to ensure objectivity . The Commission of Inquiry on Israel and the Occupied Palestinian Territory, in its report dated 13 March 2024, was faced with these specific challenges. Owing to Israel’s refusal to grant access to the affected areas, the Commission relied on external sources, yet did not sufficiently detail the methodology used for their collection and assessment. This approach drew criticism, notably from the American Jewish Committee, which, on 25 March, denounced what it described as a “systematic bias against Israel”. [6] The Committee pointed to several omissions, including the failure to mention the 7 October attacks, the hostages, and the right to self-defence, as well as an imbalance in the contextual analysis of security-related issues. [7] These observations underscore the necessity of enhanced methodological transparency. A report of this nature must be grounded in the entirety of the sources available at the time of the investigation, with precise details provided as to the modalities of access, the process for source selection, and the diversity of the testimonies collected. However, the methodological section of the report appears insufficiently developed, which may cast doubt on the reliability of the information presented—particularly in a context where disinformation is pervasive in armed conflict . A more thorough exposition of the methodological criteria employed by the Commission would have served to strengthen confidence in the robustness of its conclusions. It is also regrettable that the Commission failed to cite any specific sources, not even in footnotes. Evidence collected from social media is not accompanied by essential metadata such as date, time, or platform, and no individual post is directly referenced, even where reproduction would not have been legally or ethically problematic. This total absence of citation raises legitimate concerns about the material substantiation of the evidence invoked. It is important to recall that an investigative mechanism does not, in itself, constitute an end point in the pursuit of justice. The establishment of a commission of inquiry cannot be equated with a genuine political will to effectively combat mass atrocity crimes . Such mechanisms will only produce tangible impact if accompanied by concrete measures —at the international, regional, and national levels—aimed at securing justice, fostering reconciliation, and preventing the recurrence of such atrocities . [8] Mechanisms of inquiry mandated by the Human Rights Council (HRC) play a vital role in the documentation and legal characterisation of war crimes, crimes against humanity, and genocide. However, they must not represent the international community’s sole response to such violations. Finally, in substantive terms, the report of the Commission of Inquiry highlights a critical issue: the use of sexual violence as a tool of reprisal in armed conflict. “More than a human can bear” : documented violations 1. Destruction of sexual and reproductive health infrastructure: A systematic tactic The report denounces the deliberate targeting of health infrastructure—a strategy employed by Israeli forces to dismantle sexual and reproductive health services in Palestine . Since the onset of the conflict, numerous hospitals and clinics have been subjected to targeted attacks. The case of Al-Shifa Hospital in Gaza, one of the largest healthcare facilities for women, is particularly striking: it suffered extensive damage, rendering access to prenatal and gynaecological care virtually impossible. In 2023, several reproductive health clinics were destroyed in Israeli airstrikes, cutting off access to urgent medical services for women and girls, including therapeutic abortions and treatment for pregnancy-related complications. “ Direct attacks on healthcare facilities offering sexual and reproductive healthcare services have affected impacted about 540,000 women and girls of reproductive age in Gaza .” The destruction of medical equipment during airstrikes has precipitated a major humanitarian crisis , depriving Palestinian women of vital access to essential care. This includes increased malnutrition, food shortages, breastfeeding difficulties, famine, and lack of hygiene products and sanitary facilities—particularly during childbirth. Maternal mortality rates have risen sharply due to the lack of adequate care. 2. Sexual Violence: acts of torture and terror Testimonies gathered by humanitarian organisations on the ground document acts of extreme sexual violence. Palestinian women and girls have reportedly been subjected to gang rape by Israeli forces . Such collective sexual violence is frequently reported in conflict zones where women are arrested, detained, and raped by multiple Israeli soldiers. For instance, one woman detained during a military incursion in the Jabalia refugee camp testified that she was abducted along with other women and subjected to gang rape. Sexual torture has also reportedly taken place in Israeli detention centers and prisons —including Negev, Damon, and Hasharon—where Palestinian women and men are held. The Commission confirmed the authenticity of a video recorded on 31 October 2023 in Hebron, West Bank, which shows six blindfolded men, stripped and lying on the ground, two of whom are completely naked. The reasons for their detention remain disputed: the Israeli Security Forces (ISF) claim they were Hamas militants, whereas other sources indicate they were Gazan labourers. One of the men appears unconscious; another screams in pain. A soldier is seen stepping on the face of a bound man before dragging him by the legs. According to the Commission, such incidents are not isolated. “Sexual violence was used as a means of punishement and intimidation from the moment of arrest and throughout the detention, including during interrogations and searches.” Based on multiple videos and photographs taken and disseminated online by Israeli soldiers themselves, the Commission draws attention to the sexual harassment and public humiliation of Palestinian women— through both physical acts and online campaigns of defamation reportedly orchestrated by Israeli officials and soldiers. 3. Sexual exploitation in displacement: control over women’s bodies The displacement of Palestinians has exposed women to heightened risks of sexual and gender-based violence . Palestinian women fleeing bombardment zones are frequently targeted by Israeli soldiers or settlers. Such assaults often occur in refugee camps, where displaced women are particularly vulnerable and left at the mercy of armed Israeli groups. No exceptions were reportedly made for pregnant women, elderly women, maternity patients, women and girls with disabilities, or those unable to evacuate due to a lack of transport, assistance, or because of the trauma of being separated from their children. Women were subjected to sexual violence, forced nudity, and degrading strip searches . 4. Sexual violence in detention: A deliberate policy of intimidation and degradation Sexual violence in Israeli detention facilities is not limited to individual acts of rape. Testimonies describe instances of gang rape used as a means of intimidation and degradation. In some cases, Israeli soldiers reportedly forced female detainees to undress in their presence, subjecting them to public humiliation through forced nudity and exposure. Other women were raped in conditions of complete isolation, without access to redress or medical care. According to the Commission, these acts form part of a deliberate and systematic policy . 5. Gender-based violence: social and psychological repercussions The sexual and reproductive violence endured by Palestinian women has devastating consequences for the social fabric of the community. According to the Commission, women—who are often regarded as custodians of culture and family tradition—are targeted in ways that strike at the heart of communal resilience. The mental health impact on survivors is profound, exacerbated by the absence of psychosocial support and the enduring nature of the trauma . Protracted conflict and displacement have intensified gender inequalities by reinforcing structural discrimination. The Commission recorded testimonies from women in Gaza describing increased control by male relatives, limiting their autonomy and freedom of movement. Women who have survived rape—and their families—frequently face social stigma, which deepens their isolation. The Commission emphasises that such gender-based violence takes place within a socio-normative context shaped by strong cultural and religious sensitivities surrounding privacy, nudity, and the wearing of the veil. The resulting stigmatisation and exclusion can have far-reaching consequences for both the victims and the broader community. Social media further compounds these harms by exposing survivors to prolonged and irreparable humiliation. 6. Impunity and the use of sexual violence as a tool of retribution The Commission found no evidence of meaningful efforts by the Israeli authorities to prosecute perpetrators of sexual violence in Gaza. Investigations point to a culture of impunity within the Israeli security forces. Content posted on social media—often by soldiers under their real identities—documents acts of sexual violence and humiliation. The Commission collected such material, observing that the absence of disciplinary measures reflects an implicit endorsement by military and political authorities. The Commission further observes that incitements to violence have indiscriminately targeted the civilian population of Gaza, who are broadly portrayed as complicit in the 7 October 2023 attacks. Senior Israeli officials have publicly justified the abandonment of humanitarian considerations, conflating women and children with combatants and labelling them as “complicit despite age, gender or civilian status, and should be exterminated”. Public statements by figures such as General Giora Eiland and Member of Knesset Hanoch Milwidsky have served to legitimise such atrocities. Graffiti left by soldiers in occupied territory echoes this dehumanising rhetoric. A key finding of the Commission’s report concerns the instrumentalisation of sexual violence as a political and symbolic tool within the broader narrative of the conflict . The Commission underscores how women’s bodies and sexuality continue to be constructed as bearers of collective honour and national dignity, thereby rendering them potent vehicles for both mobilisation and retaliation . The sexual violence reportedly committed against Israeli women on 7 October 2023 has, according to the Commission, been invoked by Israeli officials to justify and sustain intensified military operations in the Gaza Strip. This rhetoric has included characterising Hamas as “a rapist regime ”, and has been further disseminated through videos of Palestinian detainees allegedly confessing to acts of rape—aimed at consolidating public support for military action. Crucially, the Commission’s investigation reveals that such narratives have had a tangible impact on the behaviour of Israeli security forces (ISF) in the field, notably in their treatment of Palestinian detainees. In one particularly symbolic instance, the Commission documented graffiti quoting the biblical story of Dinah—interpreted to frame sexual violence as a collective affront to male honour requiring vengeance—alongside messages affirming that military retaliation serves to ‘restore’ national dignity. This framing is emblematic of a deeper dynamic wherein sexual violence is not only weaponised in the theatre of war, but also mobilised discursively to entrench nationalist and gendered ideologies. The Commission further notes that this narrative of retributive justice has coincided with a sharp rise in sexual and gender-based violence against Palestinians, often accompanied by acts intended to feminise, shame, and fracture the social fabric of the community. In this context, sexual violence functions simultaneously as an instrument of domination and a mechanism for symbolic revenge, sustaining cycles of humiliation, dehumanisation, and militarised masculinity.   Flore Siproudhis   [1] Please find the report mentioned : https://www.un.org/unispal/document/report-of-the-commission-of-inquiry-israel-gender-based-violence-13march2025/ [2] Anna Golikova « Les mécanismes d’enquête mandatés par l’ONU », Thèse, https://theses.fr/s411543 [3] Hun Joon Kim, “Are UN Investigations into Human Rights Violations a Viable Solution? An Assessment of UN Commissions of Inquiry,  Journal of Human Rights Practice” , Vol 11, February 2019, Pages 96–115,  https://doi.org/10.1093/jhuman/huz008 [4] Global Centre for the responsability to protect « Human rights council investivative mechanisms and mass atrocity prevention”, November 2019 https://www.globalr2p.org/wp-content/uploads/2019/11/2019-November-FFMs-CoIs-and-R2P.pdf [5] Hun Joon Kim, ibid .  [6] American Jewish Committee, “Letter to UN Human rights Council Members Opposing anti-Israel resolutions”, March 27, 2025 https://www.ajc.org/news/american-jewish-committee-letter-to-un-human-rights-council-members-opposing-anti-israel “ Since its establishment in 2006, the Human Rights Council has continually singled out and criticized Israel. No other country has been subjected to such scrutiny and systemic bias”. [7] American Jewish Committee, ibid.  [8] Global Centre for the responsability to protect « Human rights council investivative mechanisms and mass atrocity prevention”, opt cit.