Palestinian Territory - Concerns have risen about the behaviour and performance of Ms. Alice Jill Edwards, the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. She should be removed from office for failing to carry out her assigned responsibilities and not addressing, in an unbiased and efficient manner, the serious crimes committed against Palestinian detainees and prisoners in Israeli jails and detention facilities.
Euro-Med Human Rights Monitor reiterated in a letter dated 8 August to Mr. Omar Zniber, President of the UN Human Rights Council, the necessity for objectivity and credibility in the work of the Council's Special Procedures, including special rapporteurs. These individuals are appointed to their positions by the Human Rights Council, an intergovernmental body tasked with promoting and defending human rights worldwide to secure human rights globally and guarantee justice, accountability, and equity.
The letter reads: "We are compelled to express our profound disappointment with Ms. Alice Jill Edwards in her capacity as the United Nations Special Rapporteur on Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, for failing to fulfill her mandate and execute her duties with the required objectivity and impartiality. We are deeply concerned that such wrongful conduct is eroding the credibility of the United Nations, and specifically undermining the fundamental values upheld by the UN Human Rights Council, including impartiality, integrity, and accountability."
"Ms. Edwards's apparent failure to address the horrifying, widespread, and systematic crimes against Palestinian prisoners and detainees in Israeli detention centers and prisons, especially since October 7, 2023, raises serious concerns about her integrity in fulfilling her role. This lapse not only undermines the credibility of her mandate but also casts doubt on its relevance and effectiveness in addressing the gravest relevant violations at a time when it is most needed during this critical and unprecedented crisis."
Regarding the state of Israel and Palestine, UN rapporteur Edwards alarmingly has failed to uphold the necessary human rights norms and to defend victims of international crimes and human rights violations in conformity with international law standards.
Despite the dire conditions endured by Palestinian prisoners and detainees and the overwhelming and credible evidence of systematic and widespread torture and severe assaults committed by Israel—particularly against those from Gaza—Edwards has remained silent. She has failed to report on, publicly acknowledge, or draw the international community's attention to the severity of these violations.
The term sexual violence was cited 15 times in Edward's letter to Palestine concerning alleged violations by Palestinian factions, and only once in her letter to Israel, where it was described as sexual harassment
Evidence of torture and ill-treatment was provided by numerous UN mechanisms, bodies, and independent experts, such as the Office of the High Commissioner for Human Rights, the United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, Israel, and other special rapporteurs. This is in addition to reports from international and local human rights organisations, foreign media, and even Israeli media, all of which have detailed the endured by Palestinian detainees and prisoners, including rape, sexual assault, and other forms of violence, to the point where these abuses are considered crimes against humanity and war crimes.
Despite her announcement on 8 March 2023 of an investigation into the torture and ill-treatment of Palestinian detainees in Israel, Edwards has yet to disclose the status or findings, if any, of the investigation after more than five months.
Compared to her handling of other violations files in similar countries and cases, such as China and Iran, UN rapporteur Edwards's refusal to voice her opinions or denounce the systematic and widespread crimes committed by Israel against Palestinian prisoners and detainees shows blatant bias and the application of a double standard.
Edwards has expressed her condemnation of the 7 October attack on multiple occasions; however, she never denounced Israel's grave crimes against the Palestinian people, including genocide, since that time.
In a statement released on 23 May, Edwards urges the Israeli government to investigate allegations of torture and other cruel, inhuman, or degrading treatment against Palestinian detainees since 7 October 2023. She cited estimates that suggest that thousands of Palestinians, including minors, have been held in detention. Edwards' statements and demands were limited to asking the Israeli government to launch an independent investigation into claims of torture and other ill-treatment against Palestinians and to hold those responsible accountable; these limited demands raise numerous questions regarding potential bias and Edwards' genuine commitment to addressing the suffering of Palestinians, her credibility in ensuring accountability, and her dedication to providing reparations to victims.
First, her appeal to the Israeli government is particularly troubling given the historical evidence that the Israeli judicial system has frequently been both unwilling and unable to investigate, prosecute, and hold accountable Israeli militants and settlers for their crimes against Palestinians. To illustrate, it has been established that between 2017 and 2021, fewer than one percent of complaints about the conduct of the Israeli military towards Palestinians were investigated and prosecuted. Second, unlike the complaint mechanisms of the human rights treaty monitoring bodies, the Special Rapporteur does not require the exhaustion of domestic remedies to act.
Edwards' statement also failed to mention the serious crimes that already have been proven to have been committed against Palestinian prisoners and detainees, including murder, killing under torture, rape, and other sexual assaults. Instead, it only addressed allegations of people being beaten and kept in cells for extended periods while blindfolded and handcuffed, deprived of sleep, and threatened.
In her letter to Israel, Edwards exposed a shameful, wilful minimisation of the suffering that Palestinian inmates endure, particularly with regard to the problem of sexual assault, rape, and gang rape, that ignores and diminishes the significance of the evidence that has been provided to Israel in support of these incidents.
Despite the lack of substantial evidence to date, the term sexual violence was cited 15 times in her letter to the State of Palestine concerning alleged violations by Palestinian factions on 7 October. In stark contrast, sexual abuse was mentioned only once in her letter to Israel, where it was described as sexual harassment rather than sexual violence, despite compelling evidence of the systematic occurrence of sexual violence against Palestinian detainees and prisoners.
Similarly, rape was cited 11 times in the letter to Palestine, but only once in her letter to Israel, which referred only to the threat of rape rather than to the act itself, despite the fact that rape has become a systematic form of Israeli abuse of prisoners and detainees. Furthermore, Ms. Edwards limited her discussion of rape threats to Palestinian detainees from the West Bank, excluding those from the Gaza Strip.
In the letter to Palestine, Edwards addressed sexual violence and rape allegations head-on, clearly expressing her position. In her letter to Israel, however, she is perceived to have deliberately downplayed or omitted critical information regarding the situation of Palestinian prisoners and detainees.
In her letter to Palestine, Edwards repeatedly called for the immediate and unconditional release of Israeli hostages. In contrast, her letter to Israel did not contain a single request for the release of Palestinian detainees who are being held arbitrarily or without charge.
In her letter to Israel, Edwards requested permission to visit Israel but excluded the occupied Palestinian territories from her request. Notably, in her letter to Palestine, she also did not request nor mention the need for any visit. This discrepancy further suggests bias and calls into question her intention to thoroughly address violations, given her failure to seek interviews with Palestinian victims and their families.
In her letter to Israel, Edwards addressed some of the Israeli legislation that justifies violations against Palestinian prisoners and detainees, such as the Unlawful Combatants and Administrative Detention Laws. However, she did not explicitly state that these laws contravene international humanitarian and human rights law, nor did she acknowledge their role in depriving Palestinians of fundamental rights, including the presumption of innocence, the right to a fair trial, and the ability to prepare an effective legal defence. Furthermore, she did not call for the repeal of these laws, missing an opportunity to directly challenge their legality and impact.
Ms. Edwards failed to warn and remind Israel that it is committing the crime of enforced disappearance by hiding Palestinian detainees and prisoners and refusing to reveal their whereabouts or fate. The rapporteur, in fact, chose not to acknowledge or categorize these violations as crimes of forced disappearance.
Moreover, in her letter to Palestine, Ms. Edwards extensively addressed events from 7 October, including those unrelated to the capture of prisoners and hostages, such as indiscriminate rocket fire from the Gaza Strip into Israel. However, in her letter to Israel, she did not address the massacres committed by Israel against civilians in Gaza, including indiscriminate rockets fired against civilians in Gaza.
Edwards' approach clearly frames the situation in Gaza as primarily an Israeli response to the 7 October attack. She explicitly titled her letter to Israel and centred her inquiry into allegations of torture and ill-treatment of Palestinian detainees as "Israel's response to attacks by Hamas and other armed groups on October 7, 2023." This framing indicates clearly that she perceives the events in Gaza primarily through the framework of self-defense and retaliation, while neglecting the grave crimes committed by Israel against Palestinians in Gaza, which breach all established principles of international law.
Edwards began her letter to Israel by extending her sincere condolences to the Government of Israel, as well as to the families and friends of those who lost their lives or were injured on 7 October. In blatant contrast, her letter to the State of Palestine contained no expressions of sympathy for the tens of thousands of civilians, mostly women and children, killed by Israeli assault against the Gaza Strip since 7 October. This disparity highlights a notable inconsistency in her approach, reflecting a lack of balanced empathy in addressing the humanitarian impact on both sides.
In the period since 7 October, nearly all Special Procedures, with almost the exception of her own, have released multiple and joint public statements addressing issues related to Israeli violations, including those related to Edwards' mandate, namely, the torture and ill-treatment of Palestinians in Israeli prisons and detention centres. However, she has made no similar statements, nor has she endorsed or signed any of these reports.
It is important to note that our concerns date back to Edwards' appointment in 2022, since she has consistently overlooked the issue of Palestinian detainees and prisoners. Despite the severe conditions and denial of legal protections these persons faced before 7 October, she has not addressed Israeli detention practices prior to that date. Furthermore, she has failed to contextualize Israel's detention policies within their broader historical framework, neglecting their role in entrenching Israeli colonialism and perpetuating an apartheid system.
Moreover, Edwards has shown a notable lack of engagement with Palestinian civil society organisations, which are essential for gathering relevant evidence for her mandate. This neglect not only compromises the impartiality expected of any UN Special Rapporteur but also undermines the accuracy and thoroughness of her investigations and the collection of information from all parties on the basis of equality and impartiality.
As a result, this bias and lack of objectivity erode the credibility of the UN. Positions like Edwards' exacerbate human rights violations, enable leaders and perpetrators to evade accountability, and deny victims their rights to justice and redress.
It is now well-established that thousands of Palestinian detainees and prisoners are subjected to severe, systematic, and widespread torture, ill-treatment, rape, and other forms of sexual violence, particularly since 7 October 2023, at the hands of the Israeli army and the Israel Prison Service. Given the gravity of the situation and the collaboration of all of Israel's state systems, including the judiciary, in either ignoring, endorsing, or openly condoning these crimes, it is unrealistic to expect that the Israeli authorities will hold those responsible accountable genuinely and effectively. The ongoing genocide over the past ten months confirms that leaving the matter in the hands of the Israeli authorities, as Ms. Edwards has done, is not only inadequate but also unjust. It allows for impunity and denies victims their fundamental rights.
Therefore, the Human Rights Council must dismiss Alice Jill Edwards from her position as the Special Rapporteur on Torture for her failure to fulfill her mandate impartially and effectively, and appoint a New Special Rapporteur who demonstrates integrity, impartiality, and a steadfast commitment to the global principles of human rights, irrespective of the race, ethnicity, or nationality of either the perpetrators or the victims.
