An Israeli report released on Tuesday said that Hamas used sexual violence as a "tactical weapon of war" in its 7 October 2023 attacks, building on other investigations by international and Israeli rights groups and the UN into the militant group's assault.
The report by the Dinah Project, a team of legal and gender experts, based its findings on survivor and witness testimonies, accounts from first responders, and forensic, visual and audio evidence.
It called for a shift in how conflict-related sexual violence is prosecuted, saying Hamas silenced its victims by killing them, robbing investigators of key evidence to hold the perpetrators to account.
"Most victims were permanently silenced — either murdered during or after the assaults or remain too traumatised to talk — creating unique evidentiary challenges," the report said, calling for a more tailored legal approach to conflict-related sexual violence.
The report said it relied on dozens of accounts, including from one survivor of attempted rape at a music festival, 15 returned hostages, 17 witnesses and multiple first responders.
In some cases, the Dinah Project carried out its own interviews, while in others it relied on publicly available testimony or published accounts.
Citing accounts in Israeli and international media, it said 15 former hostages either experienced or witnessed some form of sexual assault which included physical sexual violence, forced nudity, verbal sexual harassment and threats of forced marriage.
Two male hostages said they faced forced nudity and physical abuse when naked.
The report said witness accounts indicated at least 15 separate cases of sexual assault, including at least four instances of gang rape.
The report said its findings showed patterns in the sexual assaults that were committed, including victims found partially or fully naked with their hands tied, evidence of gang rape followed by killing, genital mutilation and public humiliation, indicating they were intentionally used as a weapon of war.
Hamas has previously denied claims that its forces carried out sexual violence when militants stormed into southern Israel, killing 1,200 people and taking 251 hostage.
In a report last year, the UN said there were "reasonable grounds" to believe Hamas committed rape, "sexualised torture," and other cruel and inhumane treatment of women during its attack.
In issuing arrest warrants for three Hamas leaders who were eventually killed by Israel, the prosecutor of the International Criminal Court said they bore responsibility for "rape and other acts of sexual violence as crimes against humanity" during the 7 October attack.
Report urges a new approach
The report recommended that conflict-related sexual violence should be treated differently from regular sexual crimes to allow for evidence that doesn’t primarily rely on testimony from victims, to account for "the systematic silencing of victims."
It called for different forms of evidence to be admitted in any prosecution of conflict-related violence.
It said joint criminal responsibility should be applied to all participants in the attack, rather than trying to link individual perpetrators to specific acts and victims.
This approach would create "a pathway to justice for victims of the October 7 attack and potentially for victims in other conflict zones," the report said.
The report comes as Israel and Hamas are negotiating a new ceasefire for the 21-month war in Gaza, which began with the militants’ surprise cross-border raid.
The deal would pause the fighting in the Palestinian territory and release some of the remaining 50 hostages, more than half of whom are said to be dead.
