Do Israel's military actions in Gaza since October 7th, 2023 constitute a genocide?

This question involves contested legal findings — I'll review current ICJ, UN, and expert assessments before answering.

Whether Israel's military actions in Gaza since October 7, 2023 constitute genocide is a contested legal and political question. Under international law there is no single judicial determination, but multiple investigative bodies have reached different conclusions.

1. Legal definition of genocide

Genocide is defined by the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.

> In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

The five acts are:

> 1. Killing members of the group; 2. Causing serious bodily or mental harm; 3. Deliberately inflicting conditions of life calculated to bring about its physical destruction; 4. Imposing measures intended to prevent births; 5. Forcibly transferring children

The Convention contains a narrow definition which includes two main elements: a mental element - the "intent to destroy" - and a physical element. The intent is the most difficult element to determine and requires proven intent to physically destroy a group, known as dolus specialis.

Genocide was first recognised as a crime in 1946 and codified in the 1948 Convention.

2. Context of the Gaza war

After Hamas and other Palestinian groups murdered more than 1,200 Israelis and abducted 251 hostages on October 7, 2023, Israel launched a military campaign aimed at dismantling Hamas. The case brought by South Africa in December 2023 alleges Israel's response breached the Genocide Convention.

3. Findings that conclude genocide has occurred

Several UN bodies and human rights organizations have concluded that elements of genocide are present:

It also concluded that Israeli President Isaac Herzog, Prime Minister Benjamin Netanyahu and then Defence Minister Yoav Gallant have incited the commission of genocide and that the State of Israel bears responsibility for failure to prevent, commission, and failure to punish genocide. The report was described as a legal analysis pursuant to the Genocide Convention and concluded on 16 September 2025 that Israel is committing genocide.

These findings are investigative assessments, not criminal convictions. The UN Commission's work was described as an investigative finding rather than a judgment of a court.

4. What international courts have and have not decided

The Court issued three sets of provisional measures in January, March and May 2024 directing Israel to prevent acts of genocide and ordered Israel to take provisional measures to demonstrate compliance including ceasing indiscriminate attacks and allowing humanitarian aid.

However:

> It hasn't [ruled genocide occurred]. In its January 2024 order, the ICJ was considering South Africa's request for provisional measures, not deciding the merits... It did not find that Israel had plausibly committed genocide, much less rule that genocide had actually occurred.

> No court has ruled that Israel committed genocide. South Africa's case at the International Court of Justice is against the state of Israel and is years from a ruling.

> No court has found genocide in Gaza or ruled it out.

Former ICJ President Joan Donoghue and others have clarified the court found a plausible right to protection, not a plausible commission of genocide.

The ICJ has not yet ruled on whether genocide was committed.

5. Israel's position and counter-arguments

Israel consistently rejects the genocide accusation:

> South Africa argues that Israel's conduct... amounts to genocide. Israel denies the accusation and insists its campaign is a legitimate act of self-defense

> Israel rejects the commission's findings. Its Foreign Ministry has called the reports "distorted, false," while the government says its forces target Hamas and act in self-defense

> Israel is not and never was committing genocide in Gaza, and labeling its military campaign... is inaccurate, misleading, and dangerous

> Israel declared ... it is not seeking the destruction of the Palestinian people, vehemently responding to what it termed a "profoundly distorted" and "malevolent" genocide case

> Israeli Prime Minister Netanyahu has repeatedly made clear that Israel's war is "against Hamas terrorists, not against Palestinian civilians"

Israel's legal defense argues South Africa distorted both Israeli policy and the meaning of "genocide" and that Israel argued its war was fought in self-defense, targeting Hamas rather than civilians, and that its leadership had not displayed genocidal intent.

Supporters of this view argue that proving specific intent in a judicial forum is difficult and that military operations against an armed group do not automatically equal genocidal intent toward the civilian population.

6. Summary

In short: multiple UN investigative bodies and major human rights NGOs have concluded Israel's actions in Gaza since October 7, 2023 do constitute genocide, while Israel and its supporters reject that characterization and no binding international court has yet ruled on the merits.