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

Short answer: There is no final, authoritative court ruling that Israel has committed genocide in Gaza. The question is being litigated and assessed by different bodies that have reached different interim conclusions.

What the law requires

•Under the Genocide Convention, genocide is any of several prohibited acts committed with the specific intent to destroy, in whole or in part, a national, ethnical, racial or religious group. Proving that specific intent is the key hurdle.[1]

Where things stand as of September 24, 2026

•International Court of Justice (ICJ): South Africa’s case against Israel is ongoing. The Court has not decided the merits (i.e., whether genocide occurred). It has, however, issued provisional measures since January 26, 2024—finding the Palestinians in Gaza have a “plausible” right to be protected from genocide and ordering Israel to prevent genocidal acts, enable humanitarian aid, and other steps. On May 21, 2026, the ICJ set a further pleadings schedule; no merits judgment has been issued yet.[2]

•UN Commission of Inquiry (COI): On September 16, 2025, the UN Human Rights Council’s Independent COI concluded that Israeli authorities “have committed and are continuing to commit genocide” against Palestinians in Gaza (a non-judicial finding). Israel has categorically rejected the COI’s conclusion.[3]

•International Criminal Court (ICC): The ICC has issued arrest warrants (November 21, 2024) for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for alleged war crimes and crimes against humanity (including starvation of civilians and intentionally directing attacks on civilians). These warrants do not charge genocide.[4]

Bottom line

•Whether Israel’s actions legally constitute “genocide” remains unresolved in court. A UN investigatory body has said yes; Israel and many others dispute that; and the ICJ—the only body currently adjudicating state responsibility for genocide here—has not yet issued a final merits decision.[3]

If helpful, I can summarize the main evidence cited for and against a finding of genocidal intent, and how courts typically evaluate it.

Citations (4)

1un.orgGovernment
THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE (1948)
Backs: “Under the Genocide Convention, genocide is any of several prohibited acts committed with the specific intent to destroy, in whole or in part, a national, ethnical, racial or religious group. Proving that specific intent is the key hurdle.”
2un-icc.cloudGovernment
INTERNATIONAL COURT OF JUSTICE
Backs: “On May 21, 2026, the ICJ set a further pleadings schedule; no merits judgment has been issued yet.”
3aljazeera.comNews and mediaquality 0.78
UN inquiry says Israel’s war on Gaza is genocide, holds gov’t responsible | Israel-Palestine conflict News | Al Jazeera
Backs: “On September 16, 2025, the UN Human Rights Council’s Independent COI concluded that Israeli authorities “have committed and are continuing to commit genocide” against Palestinians in Gaza (a non-judicial finding). Israel has categorically rejected the COI’s conclusion.”
4lawfaremedia.orgNews and media
ICC Issues Arrest Warrants for Netanyahu, Gallant, and Deif | Lawfare
Backs: “The ICC has issued arrest warrants (November 21, 2024) for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for alleged war crimes and crimes against humanity (including starvation of civilians and intentionally directing attacks on civilians). These warrants do not charge genocide.”