“This is not incidental violence. It is the architecture of settler-colonialism, built on a foundation of dehumanisation and maintained by a policy of cruelty and collective terror.” The concluding sentence to the summary of UN Special Rapporteur Francesca Albanese’s report to the UN Human Rights Council on torture and genocide succinctly sums up how Israel has been using torture as part of its gradual annihilation of the Palestinian people. Since October 2023, torture has become a weapon in Israel’s genocide.

Albanese notes that while torture is a crime under international law, the Genocide Convention describes torture as an underlying act of genocide “when inflicted with the intent to destroy, in whole or in part, a protected group “as such”. Genocide, Albanese explains from the legal framework of the Genocide Convention, “many be committed through sustained practices that break bodies, minds and collective resilience.”

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The historical realities of torture since the British Mandate contextualises the current torture practices Israel inflicts on Palestinians today. British torture practices were incorporated by Israel after 1948. In 1987, the Landau Commission effectively ruled in favour of torture “on a person suspected of involvement in terrorist activities.” With impunity assigned a foundation, what happens when a settler-colonial entity which treats Palestinians as legitimate targets for annihilation, blatantly considers all Palestinians as terrorists?

Torture becomes normalised, and because the international community has already subscribed to Israel’s security narrative, there is no opposition to a practice that, as Albanese illustrated, also constitutes an underlying act of genocide. 

Torture becomes normalised, and because the international community has already subscribed to Israel’s security narrative, there is no opposition to a practice that, as Albanese illustrated, also constitutes an underlying act of genocide. 

It is not Israel’s torture of Palestinian detainees since October 2023 that catches attention when reading the report, but the analysis of how Israel uses genocide as a means of torture. Albanese’s report illustrates how mass displacement, the destruction of Gaza’s infrastructure and cultural sites, the erasure of collective memory through such destruction, the destruction of the healthcare system, starvation, permanent disabilities, as well as Israeli weaponry used against Palestinians in Gaza all constitute forms of torture. The same applies to the occupied West Bank, where sophisticated surveillance and military incursions, the destruction of refugee camps and agricultural land, all constitute forms of torture and genocidal violence.

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Having prioritised Israel’s security narrative over rights, both the Knesset and Israel’s judiciary have normalised torture. Albanese writes, “Torture has thus become a collective enterprise,” showing how the entire fabric of Israeli society renders itself a participant in torture practices through the settler-colonial narrative. “by targeting the totality of the people, across the totality of the occupied land, through a totality of conduct, genocide has become the ultimate form of torture: continuous, generational and collective.”

Justice, Albanese stated, should “confront torture not as an isolated crime, but as a foundational pillar of the genocidal project aimed at the complete erasure – physical and psychological destruction, displacement and replacement – of the Palestinian people.” Torture as state policy has ensured that no aspect of Palestinian life is immune. The report illustrates what statistical data omits – the price Palestinians are paying in their daily lives for the international community’s complicity with colonialism and genocide. 

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