UN Says Israel Has ‘De Facto State Policy’ of Torture

The UN Committee Against Torture report released on November 28 details a series of profound concerns and recommendations regarding Israel’s compliance with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Committee’s findings address both the security challenges faced by Israel and the resulting human rights violations, particularly in the Occupied Palestinian Territory (OPT).

Condemnation and Disproportionality
The report opens by acknowledging the severe security threat to Israel and “unequivocally” condemning the October 7 attack. However, this recognition is immediately followed by noting “deep concern over the disproportionate nature of Israel’s response to these attacks, which has resulted in a massive loss of human life and profound suffering for the Palestinian people.” This established the complex and urgent context for the Committee’s review.

De Facto State Policy of Torture
One of the most serious allegations concerned “reports indicating a de facto State policy of organized and widespread torture and ill-treatment during the reporting period,” which the Committee noted had “gravely intensified since October 7,” suggesting a pattern of systemic abuse with official endorsement or tolerance, rather than isolated acts.

The Committee expressed concern about the living conditions imposed on the Palestinian population. It noted that various Israeli policies throughout its “continued unlawful presence in the Occupied Palestinian Territory,” if implemented in the manner alleged, “would amount to cruel, inhuman or degrading living conditions.” This expands the scope of potential violations beyond physical violence to encompass the effects of sustained restrictive policies on the dignity and welfare of the population under occupation.

Specific Violations and Legal Loopholes
It also highlighted several areas of grave concern reaching unprecedented levels, including the use of administrative detention, which allows detention without charge or trial, and unchecked settler violence against Palestinians.

A major focus of the Committee’s recommendations was Israel’s domestic legislation and legal practices, which it deemed fundamentally incompatible with its obligations under the Convention. It underscored that Israel “continues to lack a distinct offense criminalizing torture,” a requirement for State Parties to the Convention.

The Committee criticized Israel’s “necessity” defense, which permits public officials to be exempt from criminal culpability when “unlawful physical pressure is applied during interrogations,” stressing that justifications for torture or ill-treatment directly violates the Convention.

It also expressed concern over the continued use of undisclosed “special means” as a method of coercion in interrogations, noting that their secrecy makes accountability and independent oversight virtually impossible.

Urgent Recommendations
The Committee issued several urgent recommendations, the most immediate being for Israel to establish an “independent, impartial and effective ad hoc investigatory commission,” to review and investigate all allegations of torture and ill-treatment in the current armed conflict, and prosecute those responsible, including “superior officers.”

Crucially, the Committee made a direct demand for humanitarian action, urging Israel to ensure the “immediate entry of necessary humanitarian aid and aid workers into Gaza.” This recommendation was linked to the Committee’s concerns about the suffering and cruel living conditions inflicted upon the Palestinian population.

Regarding legal reform, the Committee urged Israel to take three decisive steps:

• Enact a distinct criminal offense of torture incorporating a definition consistent with the Convention.
• Provide information on the exact nature of the “special means” employed in interrogations.
• Ensure that no exceptional circumstances are invoked to justify torture or ill-treatment, closing the loophole created by the “necessity” defense.

In summary, the UN Committee Against Torture’s findings on Israel represent a serious indictment of both its response to the October 7 attacks and its underlying legal framework regarding the prevention of torture. The report unequivocally demands accountability for alleged widespread abuse and systemic legal reforms to bring Israel into full compliance with its international obligations.

Faith in action

Tell Congress to pass the “Block the Bombs Act”, limiting weapons sales to Israel with Churches for Middle East Peace’s action alert.

Photo: Bars, available in the public domain via Unsplash.