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

This question involves contested legal findings — I'll review the legal framework and current cases to assess the genocide claim.

Israel's military actions in Gaza since October 7, 2023 are the subject of a contested legal and political debate over whether they meet the legal definition of genocide. There has been no final binding judicial ruling that they do or do not constitute genocide.

1. Legal definition of genocide

Under Article II of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (Genocide 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:

> (a) Killing members of the group
> (b) Causing serious physical or mental harm to members of the group
> (c) Intentionally subjecting the group to living conditions intended to cause its physical destruction, in whole or in part
> (d) Imposing measures aimed at preventing the birth of children within the group
> (e) Forcibly transferring children from the group to another group

Genocide is described as an identity-based crime that requires not only prohibited acts, but specific intent to destroy the group in whole or in part. Because of the requirement of specific intent, the crime is difficult to prove.

Article III also makes punishable conspiracy, direct and public incitement, attempt, and complicity.

2. ICJ case: South Africa v. Israel

South Africa launched a case in December 2023, accusing Israel of committing genocidal acts in Gaza in breach of the Genocide Convention. South Africa contends Israel has commissioned acts capable of falling within Article II (a), (b), (c), and (d) by “killing Palestinians in Gaza, causing them serious bodily and mental harm, and inflicting upon them conditions of life calculated to bring about their physical destruction”.

The case was instituted on 29 December 2023.

The International Court of Justice (ICJ) has not ruled on the merits. The case is still at the written-arguments stage. South Africa filed its main memorial in October 2024, and Israel has received extensions for its counter-memorial.

The ICJ has issued provisional measures - legally binding interim orders - in January, March and May 2024. These were significant and binding legal orders, but they weren't a final finding that Israel had committed "genocide".

What the Court did find at the provisional measures stage:

•In its January 26, 2024 order it found that the right of Palestinians in Gaza to be protected from acts of genocide and related prohibited acts under the Genocide Convention was plausible, requiring binding provisional measures to protect this right from irreparable prejudice.

•It required Israel to “take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention” and to facilitate urgently needed humanitarian assistance.

•On 28 March 2024 the ICJ reiterated its demand for provisional measures to be implemented, and on 24 May 2024 ordered Israel to immediately stop its military offensive in Rafah and to ensure the border crossing would open.

One characterization of the January order was that it confirmed the plausibility of South Africa's charge that “Israel has engaged in, is engaging in, and risks further engaging in, genocidal acts against the Palestinian people in Gaza”.

3. Findings by UN bodies and human rights organizations

Several UN experts and bodies and major human rights organizations have concluded that Israel's actions do constitute genocide, while noting the central role of intent:

•In November 2023, UN experts said grave violations committed by Israel against Palestinians in the aftermath of 7 October, particularly in Gaza, point to a genocide in the making.

•On Sept. 16, 2025, the U.N. Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel, a subsidiary body of the Human Rights Council, concluded, on reasonable grounds, that Israel has committed genocide against Palestinians in Gaza since Oct. 7, 2023. The Commission found that four prohibited acts were carried out, namely, killings, causing serious bodily and mental harm, deliberately inflicting conditions of life calculated to bring about destruction, and imposing measures intended to prevent births. It concluded these acts were committed by Israeli authorities and security forces with the specific intent to destroy Palestinians in Gaza, relying on evidence of “systematic and unprecedented killings, destruction of homes and cultural sites, deliberate starvation, denial of healthcare, sexual and gender based violence, and the direct targeting of children".

•Amnesty International in December 2024 issued an extensive study concluding that Israel is committing genocide in Gaza, arguing that Israel had carried out three acts prohibited under the Genocide Convention, with the specific intent to destroy Palestinians in Gaza, including killings, causing serious bodily or mental harm, and deliberately inflicting on Palestinians in Gaza conditions of life calculated to bring about their physical destruction. Amnesty said it found sufficient basis to conclude that Israel committed, between 7 October 2023 and July 2024, prohibited acts namely killing, causing serious bodily or mental harm and deliberately inflicting conditions of life calculated to bring about physical destruction.

•Human Rights Watch has described Israeli deprivation of water in Gaza as an act of genocide, but noted that proving the crime of genocide against Israeli officials would also require establishing their intent, citing statements by some senior Israeli officials which it said suggested they "wish to destroy Palestinians". Human Rights Watch more conservatively has been described as concluding that “genocidal acts” had been committed, while Amnesty concluded genocide itself had been committed.

4. Position of Israel and the United States and scholarly debate

•Israel has characterized South Africa's charges as "baseless," accusing the country of "functioning as the legal" arm of opponents. At the ICJ, Israel said it was in a war of defence against Hamas, and “not against the Palestinian people”.

•In other forums, Israel has stated: “there is no genocide in Gaza”.

•The United States has stated “We do not believe that what is happening in Gaza is genocide” and in its declaration to the ICJ said “The allegations of ‘genocide’ against Israel are false”.

•Among legal scholars there is debate. One professor of international law said in June 2024 there was no clear evidence of a special intent among Israeli leadership, a view supported by other scholars who have argued there is not enough evidence to determine that this is a case of genocide.

5. Why the answer remains contested

Whether the military campaign constitutes genocide under international law turns largely on the element of dolus specialis - the specific intent to destroy the Palestinian group in Gaza in whole or in part - not only on the occurrence of killings, harm, or humanitarian conditions, which are not disputed to have occurred on a large scale.

•Those who allege genocide argue that scale of killing and destruction, statements by some Israeli officials, and the infliction of conditions of life point to such intent.

•Those who deny the charge argue that operations are directed at Hamas following the October 7 attacks, not at Palestinians as a group, and that intent to destroy the group has not been proven. The ICJ's finding of plausibility at the provisional measures stage is a threshold for interim protection, not a final determination on the merits.

As of 2025-2026, no final judgment on the merits has been issued by the ICJ, and the question remains before the Court and before various international legal and scholarly fora with divergent conclusions.

Citations (2)

1un.orgGovernment
Explainer: What is the Genocide Convention?
Backs: “(b) Causing serious physical or mental harm to members of the group. (c) Intentionally subjecting the group to living conditions intended to cause its physical destruction, in whole or in part”
2religionunplugged.comNot yet classified
UN Inquiry Concludes Israeli Actions In Gaza Meets Legal Definition Of Genocide
Backs: “(d) Imposing measures aimed at preventing the birth of children within the group. (e) Forcibly transferring children from the group to another group. Genocide is described as an identity-based crime that requires not only prohibited acts, but specific intent to destroy the group in whole or in part.”