Kidnapped: Hostage-Taking as a Form of Torture
“We were brutally kidnapped from our house. Our girls saw things
that kids that age, or any age, should not see. You feel like you want
to pinch yourself and wake up from this movie. We just slept, cried.
Every day that passed was an endless eternity.”
- Danielle Aloni
Executive Summary
On October 7, 2023, Hamas and its related militias invaded southern Israel and forcibly abducted 247 men, women, and children. Prior to that attack, 4 hostages were already being held in Gaza. Over 2 years later, all of the hostages have come home, and a reckoning is now due.
This report is based on the testimony of released hostages and the health care professionals who treat them. It analyzes the clear and absolute prohibition on torture under international law, and integrates the findings of the United Nations Special Rapporteur on Torture, whose 2025 report identified a clear pattern of physical and psychological abuse suffered by hostages during captivity, as well as post-traumatic harm after their release.
We reveal here that 88 percent of the hostages were civilians. Among them, 23 hostages were aged 12 or younger at the time of their abduction, and 34 were aged 60 or older. Fifty percent of the hostages were non-Israeli or held dual or multiple citizenships, including citizens of at least 24 different countries.
The hostages were held in harsh, degrading, and inhumane conditions and were denied medical care, food, access to personal hygiene, and natural light. Threats of execution, prolonged isolation, sexual assault, and abuse were routine experiences in captivity. 68% of the hostages held for over 200 days were forced to participate in propaganda videos. So far, 12 released hostages have described being sexually assaulted in captivity, including women and men. 33 hostages were executed by their captors.
At least 78 released hostages showed signs of starvation, acute malnutrition, and severe muscle wasting, having received as little as a single piece of bread each day, even as their captors ate full meals. Most hostages faced inadequate hygiene, physical violence, and extended periods of immobility during captivity. Psychological assessments further reveal acute dissociation, emotional numbing, and severe mental withdrawal.
“For 491 days, I was kept mostly underground in Hamas terror tunnels, chained, starved, beaten, and humiliated.” - Eli Sharabi
This report calls upon United Nations mechanisms, State Parties to the Convention Against Torture, and international accountability bodies to address the October 7 attacks and the hostage-taking as conduct that constitutes torture, and recognize former hostages and their families as victims of torture. Torture is absolutely prohibited under international law. It cannot be justified or contextualized. Hostage-taking is not merely arbitrary detention. It is the deliberate weaponization of human suffering to bend political will.
The Jerusalem Institute of Justice urges States and international bodies to reject any framing of the hostage-taking of Israelis as a legitimate military tactic or political bargaining tool. Finally, we call for the perpetrators and co-conspirators to be held accountable through criminal trials, civil litigation, and the application of universal jurisdiction.
Child Soldiers in Gaza - FactSheet
Indoctrination / Militarization of Gaza's Children
Through educational institutions, media, summer camps, and direct involvement in military operations, Hamas has created an environment where children are psychologically conditioned, trained, and, in many cases, recruited for armed conflict. These practices constitute grave violations of international humanitarian law (IHL), international criminal law (ICL), and international human rights law (IHRL). JIJ condemns the indoctrination and militarization of children by Hamas and calls for comprehensive education reforms and accountability. Download factsheet here.
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2025 - Echoes of Denial - FactSheet
The October 7th Atrocities and Rising Antisemitism
The October 7th attacks against Israelis were a horrific act of violence that left deep scars on the Jewish community worldwide. However, as the reality of these atrocities is denied or downplayed, antisemitic incidents have surged globally. The correlation between denialism and rising antisemitism is highlighted by presenting compelling data and advocating for legislation and resolutions that prohibit the denial of such events to protect against hate and ensure justice for the victims. Enacting such laws is vital not only for addressing current injustices but also for guaranteeing the non-recurrence of such hatred and violence in the future. Download factsheet here.
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JIJ's Statement on The ICC Ruling
JIJ's Statement on The ICC Ruling to Issue of Arrest Warrant Against Prime Minister Benjamin Netanyahu and Defense Minister Yoav Galant
The Jerusalem Institute for Justice vehemently condemns the International Criminal Court’s (ICC) ruling to issue arrest warrants against Prime Minister Benjamin Netanyahu and Defense Minister Yoav Galant. This ruling is a purely political decision that not only flagrantly violates legal and moral standards but also shamefully capitulates to the pressures of anti-Israeli factions.
The ICC, established to protect genuine victims and hold accountable leaders responsible for the gravest crimes, has, for the first time in its history, chosen to target a democratic nation with a robust, independent judiciary fully dedicated to upholding the principles and rules of international law. This is a deplorable and calculated attempt to undermine the State of Israel and the IDF as they take decisive actions to defend the very existence of the world’s only Jewish state against an attempt to eradicate it. These efforts come in response to the most extensively documented barbaric massacre of modern times, orchestrated by Hamas and other terror groups.
We are deeply disappointed by the court’s decision to dismiss JIJ’s arguments, as outlined in our recently submitted legal observation. The court has chosen to disregard our strong legal arguments and overreach by asserting jurisdiction it does not possess. In doing so, it has acted in violation of the binding agreement between the parties to this ruling, wrongly recognized Palestine as a state despite its failure to meet the established threshold conditions, and blatantly ignored the existence of a robust, independent judicial system within a democratic state. Even more troubling, the court has created a false moral equivalence between the leaders of a democratic state and the arch-terrorists of Hamas. To further undermine its credibility, the court also decided to issue an arrest warrant against the dead terror mastermind, Mohammed Deif.
This ruling targets our leaders in the immediate term, but the repercussions are far more profound and far-reaching. It delivers a severe blow to the court's integrity, inflicting irreparable harm on public trust and the very concept of international justice. What should serve as a safeguard against atrocities has been twisted into a political weapon wielded against moral, law-abiding nations. The Jerusalem Institute for Justice urgently calls on the international community to stand against this outrageous ruling. Only by taking a firm stand can we begin to restore faith in the mechanisms of international accountability and uphold the principles of true justice.
Observations ‘Situation in Palestine’
JIJ submited to the International Criminal Court these written observations on the unresolved matters of jurisdiction with respect to the ‘Situation in Palestine’.
In accordance with the Pre-Trial Chamber’s order of July 22, 2024, granting the Jerusalem
Institute of Justice (JIJ) leave to submit observations pursuant to Rule 103 of the ICC Rules
of Procedure
The Jerusalem Institute of Justice submitted its reservations to the International Criminal Court (ICC) , stating that the tribunal may not exercise its authority over Israeli citizens, in light of the Oslo Accords, which were signed between the State of Israel and the Palestine Liberation Organization (PLO) and regulated the jurisdiction in these territories.
This submission follows a request by the ICC prosecutor to issue arrest warrants against Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant for their alleged responsibility for war crimes and crimes against humanity. Representing survivors of the Hamas massacre on October 7, the JIJ seeks to challenge the tribunal's attempt to exert authority over Israeli citizens, contrary to the Oslo Accords. In the documents filed, the JIJ's legal experts dispute the classification of "Palestine" as a state and argue that the Gaza Strip is not under occupation.
The Jerusalem Institute of Justice shares the ICC's commitment to fight impunity for serious violations of international law. At the same time, this goal cannot be realized at the expense of circumventing existing legal frameworks. We call on the tribunal to refrain from making unilateral decisions that could damage the peace process.
JIJ unequivocally argued that the Oslo Accords, which govern relations between Israel and the Palestinians, constitute a binding and central legal document recognized internationally. According to these agreements, the Palestinian Authority has no criminal jurisdiction over Israeli citizens and cannot transfer powers it does not possess to the ICC.
The JIJ also noted that in its 2021 decision, the tribunal declared it could not determine whether Palestine was a state. The Chief Prosecutor’s current classification of the conflict, both as an international conflict and as a non-international conflict, stems from uncertainty in the law and its interpretation by the tribunal. This situation affects the types of crimes investigated and creates an imbalance in the application of the law between the different parties.
For an entity to be considered a state and for the conflict to be classified as an international conflict, it must meet four conditions: a permanent population, a defined territory, an effective government, and the ability to engage in international relations. The JIJ argues that Palestine does not meet these conditions, and its unilateral declaration of statehood contravenes the Oslo Accords and is therefore illegal under international law.
The second option for recognizing the conflict as an international confrontation is to acknowledge the occupation. In this respect, JIJ argues that Israel withdrew from the Gaza Strip in 2005 and does not control it, a necessary element for being considered an occupier. Thus, Israel's current military actions in Gaza are characterized as a response to active hostilities of Hamas, not an occupation.
JIJ emphasizes the need to respect existing agreements and the rules of international law and warns against any modifications, deviations, or reinterpretations of these agreements by the tribunal. The Institute further notes that, to ensure a clear and fair legal framework in Israeli-Palestinian relations and to prevent unilateral decisions that could jeopardize the peace process, the tribunal must uphold what the parties agreed to in the Oslo Accords and the boundaries defined therein.
Echoes of Denial - FactSheet
The October 7th Atrocities and Rising Antisemitism
The October 7th attacks against Israelis were a horrific act of violence that left deep scars on the Jewish community worldwide. However, as the reality of these atrocities is denied or downplayed, antisemitic incidents have surged globally. The correlation between denialism and rising antisemitism is highlighted by presenting compelling data and advocating for legislation and resolutions that prohibit the denial of such events to protect against hate and ensure justice for the victims. Enacting such laws is vital not only for addressing current injustices but also for guaranteeing the non-recurrence of such hatred and violence in the future. Download factsheet here.
Survivors Seeking Justice
In the afthermath of the harrowing events on October 7, the Jerusalem Institute of Justice stands at the forefront of a campaign to seek justice for the survivors and to hold the perpetrators of that day's heniouse acts accountable. Here are the facts.
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Response to ICC Prosecutor’s Request for Arrest Warrants for Hamas & Israeli Leaders
The Jerusalem Institute of Justice welcomes the ICC Prosecutor’s request for the issuance of
arrest warrants for Hamas’ leaders Yahya Sinwar, Mohamed Deif, and Ismail Haniyeh. We
are disappointed that Hamas’ leaders were not charged with the crime of genocide, despite
constantly expressing their fervent intent to exterminate all Israeli nationals and Jews, and
live streaming the evidence of how they brought this intent to action on October 7th.
We are appalled that the Prosecutor intentionally delayed this maneuver, seeking to pair it
with a request for arrest warrants for Israeli leaders Benjamin Netanyahu and Yoav Gallant.
If the Pre-Trial Chamber approves of this linkage, it will draw a false moral equivalence
between the parties to this conflict.
Since its establishment, the ICC has refrained from pursuing democratically elected officials
whose armies are engaged in wars of self-defense. It is fundamentally reckless to break from
this precedent for the first time when the democratic officials in question are the leaders of
the world’s only Jewish state, and at a time of rising global antisemitism. This development
will only serve to validate the claims of Hamas’ sympathizers across the globe, inspiring
more frequent and more violent attacks on Jewish people across the Diaspora.
The State of Israel has demonstrated that it is able and willing to investigate its own soldiers
and officials for any alleged violations of international law, including international
humanitarian law. Consequently, and in accordance with the principle of complementarity,
one of the most basic principles of the ICC, the Court should refrain from interfering.
The Prosecutor’s case against Israel rests on charges of “starvation” in seeming ignorance of
the fact that unprecedented levels of aid have entered Gaza since October 7th, including
400,000 tons of donated food.
Jerusalem Institute of Justice has sought the arrest of Hamas’ leaders through repeated
requests to the ICC’s Office of the Prosecutor since 2017, highlighting their systematic use of
torture, indoctrination of children, recruitment of child soldiers, and the abuse of civilians as
human shields. If they had been arrested for those crimes years ago, perhaps October 7th
never would have happened.
Despite today’s disappointing developments, we remain committed to pursuing justice for the
survivors and victims of Hamas’ atrocities, including through continued engagement with the
Office of the Prosecutor.
From Intent to Genocide
On October 7, 2023, at 6:30, Hamas and other terrorist organizations orchestrated a deliberate and indiscriminate rocket onslaught on Israel, unleashing over 2,000 projectiles in a single day. This assault, designed not only to target civilians but also as a diversion, enabled the infiltration of more than 3,000 terrorists. Striking over 20 locations in Israel, these infiltrators perpetrated a range of heinous acts, including murder, rape, and kidnapping.
The acts perpetrated by Hamas and other terrorist groups on October 7 amount to genocide, comprising two essential components: physical and mental. There is unequivocal evidence that the actions encompass, at the very least, the killing and causing serious bodily or mental harm to Israeli nationals and Jewish people. The numerous speeches, targeting of civilians, massive scale, destructive effect, and context all lead to the conclusion that the only reasonable inference to be drawn is the intent of the perpetrators of the attacks of October 7 to commit genocide.
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United Nations admits Hamas committed sexual violence on and after Oct. 7
Pramila Patten, a senior UN official, came to Israel a month ago with a mandate to gather information on claims that Hamas terrorists had committed rape and other acts of sexual violence against Israeli women and men on October 7th. Her trip came after months of conspicuous silence on the matter from UN Women, and appalling statements from other UN officials that amounted to gaslighting and atrocity denial.
JIJ’s team of human rights lawyers and researchers met with Patten's team on February 8th. We presented detailed testimony and gruesome photographs taken by first responders who had handled the bodies of the October 7th victims. Watch their public testimony HERE.
JIJ has UN consultative status, which gives us access to senior U.N. officials at critical moments like this. We chose to bring forth the evidence we had collected, for the sake of the murdered victims and living survivors who are still too traumatized for an invasive interrogation.
On Monday, Ms. Patten published her report, finding:
- “Reasonable grounds to believe that sexual violence occurred in multiple locations during the October 7th attacks, including rape and gang rape”
- “The recurring pattern of female victims found undressed, bound, and shot”
- “Clear and convincing information that sexual violence, including rape, sexualized torture, and cruel, inhuman and degrading treatment occurred against some women and children during their time in captivity and … that this violence may be ongoing."
Read the full report HERE.
This is a rare and valuable admission from a senior UN official, that Hamas intentionally used sexual violence as a weapon of war. This rare moment of truth-telling wouldn’t have come without your support.
JIJ does the painstaking work of collecting, interpreting, and presenting the evidence of human rights abuses in Israel and the Middle East. Our goal is to combat atrocity denial, fight for justice for the victims, validate the memories of the living survivors, and hold the perpetrators accountable.
We do this work within the UN, which has utterly failed so far to contend with reality:
- The UN General Assembly has refused to condemn Hamas.
- The UN Security Council still hasn’t recognized Hamas as a terrorist organization.
- The UN "Human Rights Council" was in session on October 7th and chose silence.
- Despite overwhelming evidence, most UN officials still refuse to acknowledge the atrocities committed on Oct 7.
With your support, we’ll continue standing up for Israel inside the UN system, fighting to release the captives, defund Hamas, and secure justice for all of Hamas’ victims.