Author: Nava Ben-Or, Institute of European and Comparative Law, University of Oxford

Contents:

	1 Foreword (p. 2)
	2 ”Screams before Silence” (p. 4)
	3 Conflict-Related Sexual Violence (p. 5)
	4 The Problem of Attribution (p. 6)
	5 Conclusion (p. 8)
	6 A Personal Note (p. 9)
	References (p. 10)
	About the Author

Description: »Since the Hamas attack on October 7, 2023, significant evidence – direct and indirect – is being accumulated, as to sexual violence in different sites of the attack. A comprehensive fact-finding mission to the region, conducted by a team of UN experts led by Ms. Pramila Patten, the Under Secretary-General and Special Representative of the Secretary-General on Sexual Violence in Conflict, concluded that circumstantial evidence points to deliberate forms of sexual violence, including sexually motivated torture and cruel and inhuman treatment. The team also concluded that there is clear and convincing evidence that severe acts of sexual violence were perpetrated against female captives and continues to be inflicted on female captives who remain in captivity.
Conflict-Related Sexual Violence is an act of terror, directed not only towards the immediate victim but extends beyond the violation of her autonomy and human dignity. It also impacts the community at large. It is a crime against humanity. Attributing accountability, particularly for sexual offences, can be very complex when dealing with perpetrators who act within a mob, especially when there is no evidence that such offenses were part of the original plan. It may be impossible to identify specific individuals responsible for particular crimes against specific victims. Such circumstances may call for the application of the doctrine of joint responsibility: from the moment each perpetrator willingly joined such a cruel and brutal terrorist group, which openly declares its goal as the destruction and annihilation of Israel, he agrees to leave behind any basic human values and can be held responsible.
The survivors and other witnesses who are interviewed by Sharyl Sandberg, in the Documentary Screams Before Silence, intuitively express the uniqueness of Conflict-Related Sexual Violence and the meaning of joint responsibility.« (Source: Publication)

Wikipedia: History of Asia: History of Israel / History of Israel (1948–present) | History of Asia: History of Palestine / History of the State of Palestine | Sex and the law: Rape / Sexual and gender-based violence in the 7 October Hamas-led attack on Israel | War: Israel–Hamas war / 7 October Hamas-led attack on Israel