A fresh study shedding light on the shocking instances of sexual violence and rape during the brutal Hamas attack on October 7, 2023, has lately been released. The report, titled ‘In Pursuit of Justice: The October 7 Massacre and Beyond,’ aspires to debunk any misinformation about the horrifying role of sexual violence in this belligerent conflict. This comprehensive review, the first of its kind, was painstakingly produced by a group of gender and legal consultants who analyzed the sexual violence undertaken before, during, and following the massacre.
The analysis integrated survivor stories, eyewitness descriptions, medical examination findings, and discussions with emergency personnel to definitively state that the use of sexual violence during the assault was a deliberate choice by Hamas. This was aimed to further their agenda of instilling fear, humiliation, and dehumanization among the Israeli population. The report also introduces the evidence of the continuation of sexual violence towards captives, based on accounts from 15 ex-hostages, two of whom are males, and 14 of whom have never before publicly shared their beleaguering experiences in Gaza.
The critical finding in this report is the documented proof of Hamas’s orchestrated use of sexual violence as a war tactic. The researchers also provide an unprecedented legal structure to hold Hamas responsible for their heinous crimes against humanity. While documenting the sexual violence that occurred on October 7, the authors faced immense hurdles, especially as the majority of sexual assault victims from that day were included among the 1,166 murder victims, thus their stories forever lost.
Nevertheless, the analysts succeeded in acquiring an account from an attack survivor who came forward 17 months after the event. This survivor was an almost-victim of rape at the Nova Music Festival. By stitching together testimonies from bystanders, first responders, medics, and mortuary staff, the study reveals that on October 7, numerous instances of rape and gang rape took place across several locations.
The sites of these gruesome incidents included the Nova music festival, Route 232, Nahal Oz military base, Kibbutz Re’im, Kibbutz Nir Oz, and Kibbutz Kfar Aza. Through intricate analysis, the authors identified a disturbing pattern in the method of sexual violence perpetration. They found numerous victims, desecrated after death, with foreign objects grotesquely inserted into their genital areas or left discarded with genitals exposed.
The horrific scenes continued as numerous partially or completely disrobed female victims were found bound, often to physical structures like trees or poles. Shining a light on the ongoing captivity horrors, nearly all of the 15 previously held hostages who shared their experiences reported either verbal or physical sexual violation, which included forced nudity or unwelcome physical contacts.
Many of these returnees had to live under the ever-present threat of enforced marriage, a condition described by the report as ‘rape disguised as marriage’. Two male victims, in their captivity recounts, reported instances of compelled nudity along with physical torment in this vulnerable state. One account particularly detailed a forced removal of body hair, even in private areas.
The researchers of this study did not just intend to chronicle the vile acts committed by Hamas, but intended it as a rallying cry for action. Specifically, the authors urge acceptance of the sexual atrocities committed on October 7 as crimes against humanity, to bring the culprits to justice, and to encourage a global outcry against Hamas’s strategic use of sexual violence as a war weapon.
In line with their call to action, the authors insist on the Israeli government to prosecute these sexual atrocities as crimes against humanity. They simultaneously appeal to the United Nations to recognize Hamas as guilty of instigating sexual violence in conflict situations. Notwithstanding the significance of their demands, the authors concede the existing legal frameworks are inadequate to deal with the complexities of wartime sexual assaults.
In light of this, they propose several recommendations for legal prosecutors. These include discarding the reliance on ‘direct victim testimony’ and utilizing circumstantial evidence, eyewitness accounts, and additional forms of evidence. They also argue for the adoption of ‘joint and derivative criminal responsibility’ principle in handling sexual crimes cases.
Under this principle, it is suggested that all involved in the attack be charged not just for their personal involvement in rape or sexual assault, but for also enabling it, thereby promoting accountability. They believe such recommendations could steer legal bodies, both locally and internationally, towards a path of ‘justice that is survivor-centered, context-aware, and historically honest.’
The authors sincerely believe in confronting the full extent of these crimes to achieve remedies for victims, acknowledgment for affected communities, and prevention of such atrocities in the future. This study, in its comprehensive examination of a horrific event, offers a stark and necessary reminder of the traumatic impact of such violence and the need for its worldwide condemnation and subsequent justice.