US: Gov’t committed human rights abuses in ’23
Israel committed serious human rights violations last year, according to the US State Department’s 2023 Country Reports on Human Rights Practices, which was released on Monday.
The section on Israel, which runs 103 pages, documents “credible reports” of more than a dozen types of human rights abuses – including extrajudicial killings, torture, arbitrary detention, conflict-related sexual violence or punishment, and the punishment of family members for alleged offenses by a relative.
“The government took some credible steps to identify and punish officials who may have committed human rights abuses,” the report noted.
The report focuses on the treatment of security detainees, particularly those held under administrative detention, without formal charges or trial dates.
“The law did not include a specific prohibition on torture and other cruel, inhuman, or degrading treatment or punishment practices, and there were credible reports that government officials employed them,” the State Department found, noting that the Israeli government “declined to reveal publicly the rules, procedures, and methods of interrogation that it stated would be kept confidential for security reasons.”
The State Department cited several local press reports, that it did not independently confirm, of autopsies performed on Palestinian detainees demonstrating evidence of abuse. It also cited reports by NGOs, as well as detainee testimonies, to the effect that “Palestinian detainees held by Israel were subjected to physical and sexual violence, threats, intimidation, severely restricted access to food and water, exposure to extreme cold without adequate clothing, and regular prolonged periods of isolation.”
The report also detailed an announcement on October 23 by National Security Minister Itamar Ben-Gvir of “measures to ‘make prisoners’ living spaces more crowded,’ provide mattresses instead of beds, and overall worsen living conditions,” noting that “Ben-Gvir declared these measures were designed to enable prisons to absorb additional detainees accused of terrorist crimes” following the October 7 attacks.
“During a November 14 visit to a prison where Hamas members who allegedly carried out the October 7 attack were held, Ben-Gvir confirmed the detainees were, according to his instructions, shackled in dark cells with seven other prisoners and subjected to harsh living conditions,” the report said.
One NGO cited in the report found the Israeli government violated a law that prohibited the detention of children younger than 12, reporting that authorities occasionally held Palestinian children younger than that age under administrative detention.
Israeli authorities were found to generally respect the rights of persons arrested on non-“security-related” criminal charges, however.
The report gave Israel a generally positive review with respect to freedom of expression, citing “an independent media, an effective judiciary, and a democratic political system [that] combined to protect freedom of expression, including for members of the media.” The report cautioned, however, that “NGOs and Palestinian journalists reported authorities restricted press coverage and limited certain forms of expression, particularly for Palestinians.”
With respect to freedom of speech, the report found that “in cases of speech defined as incitement to violence or hate speech, the law empowered authorities to limit freedom of expression.” American speech protections are among the most absolute in the world.
The report detailed several cases of actions taken against citizens who were accused of expressing support for terrorist groups, including schoolteacher Meir Baruchin for posts made to social media after October 7, and the arrest of Dalal Abu Amneh, the prominent singer and doctor, following a Facebook post. It also detailed efforts by the Education Ministry to root out materials from the PA that Israel considers incitement to terrorism.
On other issues, including the right of NGOs and human rights organizations to operate in Israel, the rights of women, children and people with disabilities, and worker rights, the report was also generally positive.
With respect to freedom of assembly, the report found that “the law provided for this right, and the government generally respected it,” but that the government limited and restricted freedoms of peaceful assembly and association for Palestinian residents of Jerusalem.
During the conflict after October 7, the report found that the government limited demonstrations for citizens expressing solidarity with the Palestinian civilian population in Gaza or calling for a ceasefire. Local and international media and NGOs also reported weakened enforcement of protections for minorities following that date, the report noted.
“The October 7 attacks gave rise to significant concerns, including heightened fear and mistrust between Jewish and Arab citizens in daily life, impacting workplaces, campuses, and social media as well as a widespread fear of the potential for intercommunal violence within the country,” the State Department said.
NGOs also identified cases cited by the report in which authorities applied different laws to residents of Jerusalem based on their ethnicity or religion, regardless of their Israeli citizenship status.
The report noted restrictions on freedom of movement caused by security measures in the West Bank. It also noted that in February, the Knesset amended Israeli law to allow the government to strip individuals convicted of terrorist acts or who have received a PA stipend following a terrorist attack of citizenship or residency.
According to the report, significant conflict-related abuses were documented throughout the year, but the report did not focus on conduct by Israel during the war against Hamas and its allies after October 7.
“Human rights groups reported extensive and in many cases unprecedented conflict-related abuses and alleged the commission of war crimes by Israel, Hamas, Palestinian Islamic Jihad (PIJ), and other Palestinian militant groups,” the report said.