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

Short answer: It’s unresolved in law. Whether Israel’s post–October 7, 2023 operations in Gaza constitute “genocide” is being litigated and remains contested.

What the law requires

•“Genocide” under the 1948 Genocide Convention means certain prohibited acts committed with the specific intent to destroy, in whole or in part, a protected group. Proving that specific intent is the central legal hurdle.[1]

Where the case stands today (September 25, 2026)

•South Africa’s genocide case against Israel is before the International Court of Justice (ICJ). The Court has not issued a final judgment on the merits; that will take years. It did find the Palestinian group’s rights under the Convention “plausible” and ordered Israel to prevent genocidal acts and allow humanitarian aid (January 26, 2024), and later added measures including constraints on the Rafah offensive (May 24, 2024).[2]

•The proceedings are still in the written phase; in May 2026 the ICJ set deadlines extending into 2027, underscoring that no merits ruling has been issued yet.[3]

Who says it is genocide

•The UN Special Rapporteur on the situation of human rights in the Palestinian territory (report “Anatomy of a Genocide,” March 2024) concluded there are reasonable grounds to believe Israel has committed genocide in Gaza.[4]

•The UN Independent International Commission of Inquiry (COI) reported on September 16, 2025 that Israeli authorities and forces have committed—and are continuing to commit—genocide in the Gaza Strip.[5]

•Major NGOs including Amnesty International have also concluded that Israel’s conduct amounts to genocide.[6]

Who disputes that characterization

•Israel rejects the allegation, arguing it is fighting Hamas in self‑defense, does not target Palestinians as a group, and undertakes measures to mitigate harm to civilians; it says the genocide claim fails on the required specific intent. These points were made in Israel’s submissions and public statements.[7]

Related but different proceedings

•Separately, the International Criminal Court (ICC) has issued arrest warrants for Israel’s Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for alleged war crimes and crimes against humanity (including starvation as a method of warfare). The ICC warrants do not charge genocide.[8]

Bottom line

•There is no final, authoritative court ruling that Israel has committed genocide in Gaza. Some UN bodies and human-rights organizations have concluded that it has; Israel and others dispute this, focusing on the question of specific intent. The ICJ’s eventual merits judgment will be decisive, but as of today it has not been issued.[2]

If you want, I can outline the main legal arguments on intent and the evidence each side relies on.

Citations (8)

1un.orgGovernment
Convention on the Prevention and Punishment of the Crime of
Backs: ““Genocide” under the 1948 Genocide Convention means certain prohibited acts committed with the specific intent to destroy, in whole or in part, a protected group. Proving that specific intent is the central legal hurdle.”
2icj-cij.orgGovernment
Summary of the Order of 26 January 2024 | INTERNATIONAL COURT OF JUSTICE
Backs: “It did find the Palestinian group’s rights under the Convention “plausible” and ordered Israel to prevent genocidal acts and allow humanitarian aid (January 26, 2024), and later added measures including constraints on the Rafah offensive (May 24, 2024).”
3publicnow.comNot yet classified
Government of the Republic of South Africa (via Public) / Presidency notes ICJ Order on South Africa and Israel case
Backs: “The proceedings are still in the written phase; in May 2026 the ICJ set deadlines extending into 2027, underscoring that no merits ruling has been issued yet.”
4un.orgGovernment
A/HRC/55/73
Backs: “The UN Special Rapporteur on the situation of human rights in the Palestinian territory (report “Anatomy of a Genocide,” March 2024) concluded there are reasonable grounds to believe Israel has committed genocide in Gaza.”
5un.orgGovernment
Commission of Inquiry: Israeli authorities and Israeli security forces have committed and are continuing to commit genocide against the Palestinians in the Gaza Strip - Conference room paper (A/HRC/60/CRP.3) - Question of Palestine
Backs: “The UN Independent International Commission of Inquiry (COI) reported on September 16, 2025 that Israeli authorities and forces have committed—and are continuing to commit—genocide in the Gaza Strip.”
6amnesty.orgNonprofits and think tanks
Amnesty concludes Israel is committing genocide in Gaza
Backs: “Major NGOs including Amnesty International have also concluded that Israel’s conduct amounts to genocide.”
7icj-cij.orgGovernment
Public sitting held on Friday 17 May 2024, at 10 a.m., at the Peace Palace, President Salam presiding, in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel | INTERNATIONAL COURT OF JUSTICE
Backs: “These points were made in Israel’s submissions and public statements.”
8icc-cpi.intGovernment
Situation in the State of Palestine: ICC Pre-Trial Chamber I rejects the State of Israel’s challenges to jurisdiction and issues warrants of arrest for Benjamin Netanyahu and Yoav Gallant | International Criminal Court
Backs: “Separately, the International Criminal Court (ICC) has issued arrest warrants for Israel’s Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for alleged war crimes and crimes against humanity (including starvation as a method of warfare). The ICC warrants do not charge genocide.”