Sexual Violence as a Tool of Occupation: Highlighting Israeli Detention Practices and the Structural Collapse of International Humanitarian Law

1. Abstract

The Sde Teiman camp in the Negev has garnered widespread attention due to the allegations of systematic human rights violations it has faced. Testimonies arising from the released Palestinian detainees expose a spectrum of abuses, including rape, gang-rape, sexual violence, psychological, medical torture and medical neglect leading to amputation.^[1] The recent report of sexual violence in the Israeli detainee facilities exposes the collapse of normative safeguards. The article analyses these allegations through the lens of International Humanitarian Law and how it leads to the erosion of humanitarian principles enshrined in the Geneva Convention and customary International Law.

2. Introduction

Sexual violence in modern conflicts should not be mistaken for incidental crimes; rather, it has become a deliberate mechanism of subjugation to establish coercive power over the oppressed. The unsettling report of sexual violence from the Israeli detainee camps following the escalation of conflict since 7 October 2023 in Gaza has resurfaced the persistent pattern found in Bosnia, Rwanda, and Abu Ghraib.^[2] The testimonies of the detainees have been further strengthened through the institutional findings and forensic details, which have widened the audit trail. The UN Special Representative on Sexual Violence in Conflict in 2024 confirmed receiving credible reports revealing the accounts of sexual violence in Israeli-controlled facilities. The reports describe coercive strip search procedures and photographing them while being naked, which also reveals the use of threats of rape during interrogation.^[3] The Office of the High Commissioner for Human Rights (OHCHR) reported that several females and males were subjected to sexual torture, and male detainees were released with rectal injuries that are persistent with penetration by blunt objects.^[4] The UNRWA documented ill-treatment accross multiple sites in Israel and Gaza, including beatings, stress positions, deprivation of basic needs, and psychological and sexual abuse.^[5]

II.I  Breach of International Humanitarian Law Obligations on Accountability for Sexual Violence

Despite the documented evidence, the Israeli justice system has not launched a criminal inquiry investigating these allegations as mandated under Common Article 1 of the Geneva Conventions and Articles 12, 13, 14 of the Geneva Conventions III  and IV. These Articles prevent cruel treatment and torture and outrages upon personal dignity. These provisions are further strengthened under Article 27 and Article 147 of the Fourth Geneva Convention, which safeguards the occupied people by criminalising rape, indecent assault, enforced prostitution, and any form of sexual humiliation. These legal provisions are further reinforced by the Additional Protocols of 1977, which made special protection for women and prohibited rape and coercive prostitution. The Rome Statute of International Criminal Law (1988) has termed rape, enforced prostitution, forced sterilisation, and forced pregnancy as both crimes against humanity and war crimes.

3. Leaked Evidence of Sexual Violence at the Sde Teiman Detention Facility

The Israeli military’s Advocate General, Major-General Yifat Tomer-Yerushalmi, resigned after admitting to leaking footage showing the gang rape of a Palestinian detainee in August 2024. The leaked footage was first broadcast by Israel’s Channel 12, showing soldiers leading a blindfolded prisoner and assaulting him for 15 minutes, including kicking, stomping, beating and the use of a taser. The victim suffered broken ribs, several anal injuries and lung trauma necessitating immediate surgery.^[6]

III.I  Accountability Failures and Political Backlash in the Sde Teiman Case

Over nine soldiers were arrested in connection with the incident; however, five of them were charged for ‘severe abuse causing grievous bodily harm” instead of rape. The UN Commission of Inquiry expressed concern over downgrading the charges. In contrast, Tomer-Yerushalmi has been arrested on multiple grounds, such as abuse of office, obstruction of justice, fraud, and improper disclosure of evidence. She faced severe backlash from the right-extremist groups, including National Security Minister Itamar Ben-Gvir and Finance Minister Bezalel Smotrich, who defended the rapists and accused Tomer-Yerushalmi of undermining the IDF’s image. Tomer-Yerushalmi, in her resignation letter, stated that even the vilest detainees must not go through such inhumane torture, and it was her moral and legal obligation to expose this treatment. ^[7]

This case reveals serious concerns regarding the accountability and credibility of inner mechanisms, as the Advocate General of the Israeli Military herself has blown the whistle,this raises profound institutional questions. This case also invites scrutiny regarding the protection of whistleblowers within the military. Along with that, the Right-wing entities staging the leak as disloyalty and abuse of office may deter future internal critics from coming forward.

4. Comparative Reflection from Abu Ghraib to Sde Teiman

The abuse in Sde Teiman detainee camps replicates the pattern of degradation at Abu Ghraib (2004), where the US soldiers deliberately photographed the sexual humiliation, forced nudity, genital abuse, and torture of Iraqi detainees. In both cases, both nations committed the atrocities under the pretext of ‘counter-terrorism’, and adopted the methods that stripped the detainees of humanity, dignity, and bodily integrity.^[8]

The American response to the atrocities reveals the nature of superficial accountability. The Taguba report documented 44 cases of sexual violence against the detainees; however, only a handful of low-ranking soldiers were prosecuted, while the senior officials faced no criminal liability. Despite the evidence proving systematic failures, no senior commanders, policymakers, or Bush-era officials were ever terminated. This selective prosecution became a classic example of ‘token accountability’. ^[9]

5. Failure of enforcement mechanisms

The international mechanisms have failed to deliver justice. The International Criminal Court (ICC) has been investigating the situation in Palestine since March 2021.^[10] The sexualized torture in the detainee camps falls under the ambit of Article 7 (crimes against humanity) and Article 8 (war crimes), however, the investigation has been paralysed by the power of politics and diplomatic interference. Several human-rights organisations have claimed that Israel has persistently denied access to ICC investigators in the occupied territories.^[11]

The condition in the UN Security Council has become even difficult as the US has used its veto power over 45 times to shield Israel from inquiries, scrutiny, and sanctions. This Veto politics has made the Council impossible to investigate independently or refer the situation to the ICC under Article 13(b) of the Rome Statute.^[12] Countries such as the UK, USA, Australia, and Germany have frequently provided Israel with security assistance, surveillance systems, and military equipment. A state is internationally responsible if it knowingly aids or assists the country in committing unlawful actions, under Article 16 of the Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA).^[13][AJ1] 

6. Conclusion

The evidence emerged from Sde Teiman detainee camp, and other patterns reported by UN Special procedures, human rights organisations, demonstrate systematic failure to uphold the minimum guarantees of International Humanitarian Law[PRT2] . Sexual torture and humiliation as prohibited under Common Article 3 of the Geneva Convention, indicating grave breaches and highlighting the urgency for international criminal responsibility. International accountability mechanisms have proven inadequate, as the ICC investigation into Palestine (started in 2021) has not resulted in any concrete prosecutorial action due to political interference and lack of cooperation amongst countries. Unless these breaches are met with genuine accountability, the humanitarian regime will continue to fracture, exposing the gap between codified norms and their selective enforcement mechanisms.

^[1] United Nations Human Rights Office, UN Report: Palestinian Detacrossdeprivationainees Held Arbitrarily and Secretly, Subjected to Torture and Mistreatment, OHCHR Press Release, July 31, 2024, https://www.ohchr.org/en/press-releases/2024/07/un-report-palestinian-detainees-held-arbitrarily-and-secretly-subjected.

^[2] Prosecutor v. Jean‑Paul Akayesu, Case No. ICTR‑96‑4‑T, Trial Judgment, Sept. 2, 1998, https://www.refworld.org/jurisprudence/caselaw/ictr/1998/en/19275.

^[3] United Nations Special Representative of the Secretary‑General on Sexual Violence in Conflict, Mission Report: Official Visit of the Office of the SRSG‑SVC to Israel and the Occupied West Bank, 29 January–14 February 2024 (Mar. 4, 2024), https://www.un.org/sexualviolenceinconflict/wp-content/uploads/2024/03/report/mission-report-official-visit-of-the-office-of-the-srsg-svc-to-israel-and-the-occupied-west-bank-29-january-14-february-2024/20240304-Israel-oWB-CRSV-report.pdf.

^[4] Office of the United Nations High Commissioner for Human Rights, Thematic Report: Detention in the Context of the Escalation of Hostilities in Gaza (October 2023–June 2024), 31 July 2024, https://www.ohchr.org/sites/default/files/documents/countries/opt/20240731-Thematic-report-Detention-context-Gaza-hostilities.pdf.

^[5] UNRWA, Detention and Alleged Ill‑Treatment of Detainees from Gaza during Israel‑Hamas War (16 Apr. 2024), https://www.un.org/unispal/wp-content/uploads/2024/04/summary_on_detention_and_alleged_ill-treatmentupdated.pdf

^[6] Cordall, S. S. (2025, November 1). Why has the Israeli army’s top lawyer resigned after leaking rape evidence? Al Jazeera. Retrieved from https://www.aljazeera.com/news/2025/11/1/why-has-the-israeli-armys-top-lawyer-resigned-after-leaking-rape-evidence?

^[7] Cordall, S. S. (2025, November 1). Why has the Israeli army’s top lawyer resigned after leaking rape evidence? Al Jazeera. Retrieved from https://www.aljazeera.com/news/2025/11/1/why-has-the-israeli-armys-top-lawyer-resigned-after-leaking-rape-evidence?

^[8] Human Rights Watch, Israel: Palestinian Healthcare Workers Tortured, Human Rights Watch (Aug. 26, 2024), https://www.hrw.org/news/2024/08/26/israel-palestinian-healthcare-workers-tortured

^[9] Human Rights Watch, The Road to Abu Ghraib (June 9, 2004), https://www.hrw.org/report/2004/06/09/road-abu-ghraib

^[10] International Criminal Court, Situation in Palestine, https://www.icc-cpi.int/palestine.

^[11] Human Rights Watch, Open Letter to the Prosecutor of the International Criminal Court (Nov. 23, 2022), https://www.hrw.org/news/2022/11/23/open-letter-prosecutor-international-criminal-court.

^[12] Al Jazeera, How the US Has Used Its Veto Power at the UN in Support of Israel (Oct. 26, 2023), https://www.aljazeera.com/news/2023/10/26/how-the-us-has-used-its-veto-power-at-the-un-in-support-of-israel.

^[13] SIPRI, How Top Arms Exporters Have Responded to the War in Gaza: 2025 Update, (Oct. 3, 2025), https://www.sipri.org/commentary/topical-backgrounder/2025/how-top-arms-exporters-have-responded-war-gaza-2025-update.

 [AJ1]The citation number 9, 10, 11, 12 and 13 are online sources. Hyperlink them in the main body or put them in endnotes, not footnotes

 [PRT2]Use abbreviation.