From Hamas attack to Gaza detentions: UN torture watchdog flags Israel

UN torture watchdog flags Israel

The UN Committee against Torture has released its latest findings assessing how four countries — Israel, Albania, Argentina and Bahrain — are implementing the Convention against Torture and other cruel, inhuman or degrading treatment or punishment. While concerns were raised across all four cases, the observations on Israel focused heavily on developments since the 7 October 2023 attacks.

Condemnation of October 7 attacks and Israel’s military response

The committee began by unequivocally condemning the attack carried out by Hamas and allied groups on 7 October 2023. At the same time, it voiced alarm over the scale and character of Israel’s military response, warning that it had caused immense civilian suffering.

The panel said it was deeply troubled by the humanitarian conditions arising from the conflict, stating:

"Material conditions across all places of deprivation of liberty in the State Party have severely deteriorated as a result of what appears to be, in the light of high-level statements made by the Minister of National Security and others, a deliberate State policy of collective punishment…"

The committee added that the military campaign had resulted in a massive loss of life and widespread suffering for the Palestinian population.

Allegations of widespread torture and ill-treatment

The panel said it was alarmed by reports pointing to what it described as a de facto policy of organized and widespread torture and ill-treatment, particularly since the October 2023 attacks. It warned that certain policies implemented during Israel’s continued “unlawful presence in the Occupied Palestinian Territory” could amount to cruel, inhuman or degrading treatment if carried out as alleged.

The committee called for the creation of an independent, impartial and effective ad hoc investigatory commission to examine all allegations of torture and ill-treatment during the current conflict. It also urged the prosecution of those responsible, including senior officers, and demanded the immediate entry of necessary humanitarian aid and aid workers into Gaza.

Gaps in domestic law and the ‘necessity’ defence

A major legal concern raised by the committee was the absence of a distinct criminal offence of torture in Israeli law. It underlined that existing legislation allows public officials to invoke the so-called “necessity” defence when unlawful physical pressure is applied during interrogations.

It also highlighted the continued use of undisclosed “special means” during questioning as a method of coercion. The panel urged the authorities to criminalise torture as a standalone offence in line with the UN convention, clarify what those special means involve, and ensure that no exceptional circumstances are used to justify abuse.

Condolences paired with accountability demands

Alongside its criticism, the committee formally expressed sympathy for Israeli victims of the October attacks, stating:

"The committee said it expresses condolences to Israel for the reprehensible loss of life and indelible physical and emotional scars left on victims and members of their families resulting from the attack committed by Hamas and other militant groups aligned with it on October 7, 2023, which it condemns unequivocally, and recognizes the security threat that Israel continues to be confronted with."

Past recommendations still unimplemented

The committee said it regretted that earlier requests for information on administrative detention, solitary confinement, independent medical inspections and torture allegations had not led to meaningful action. It noted, however, the country’s willingness to discuss issues linked to the Occupied Palestinian Territory and its acknowledgement that the ban on torture applies regardless of whether the Convention is formally invoked.

It also took note of assurances that torture is effectively criminalised through existing offences and welcomed recent domestic efforts, including the formation of an inter-governmental taskforce, to introduce torture as a distinct offence.