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

Short answer: There is no final, authoritative legal ruling that Israel’s military campaign in Gaza since October 7, 2023 constitutes genocide. The question is before the International Court of Justice (ICJ) and will likely take years to be decided on the merits.[1]

What the law requires

•Under the 1948 Genocide Convention, genocide means certain acts (e.g., killing, causing serious harm, or inflicting destructive conditions of life) committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group—as such. Proving that specific “intent to destroy” is the key legal hurdle.[2]

Where things stand legally

•ICJ case (South Africa v. Israel): The Court has not decided whether genocide is occurring. In interim orders on January 26, March 28, and May 24, 2024, the ICJ found that the rights of Palestinians in Gaza under the Genocide Convention are “plausible,” said there is a real and imminent risk of irreparable harm, and ordered Israel to prevent acts prohibited by the Convention, to prevent and punish direct and public incitement to genocide, to enable humanitarian aid, preserve evidence, and—on May 24—impose additional measures regarding operations in Rafah. These are provisional measures, not a merits finding.[3]

•ICC proceedings: In November 2024, judges of the International Criminal Court issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and then-Defense Minister Yoav Gallant for alleged war crimes and crimes against humanity (including starvation as a method of warfare). The ICC has not charged genocide in these warrants.[4]

What different authorities say

•UN Special Rapporteur Francesca Albanese (not a court) concluded in March 2024 that there are “reasonable grounds” to believe genocide is being committed in Gaza; this is an expert opinion, not a binding judgment.[5]

•The Government of Israel rejects the genocide allegation as unfounded in fact and law and says it is fighting Hamas, not the Palestinian people, and takes steps to mitigate civilian harm.[3]

•The United States government has repeatedly stated it does not assess that Israel is committing genocide.[6]

Context

•The human toll has been catastrophic. As one reference point, Gaza’s Health Ministry reported more than 73,000 Palestinians killed by mid‑June 2026; figures are contested in detail but widely cited by major newswires and UN bodies.[7]

Bottom line: Whether Israel’s actions legally constitute genocide turns on evidence of specific intent, which only a competent court can determine. As of today (September 28, 2026), no court has made that final determination; instead, there are ongoing ICJ proceedings with provisional measures, ICC warrants alleging other international crimes, sharply differing expert assessments, and official denials by Israel and key allies. If helpful, I can outline the main types of evidence courts weigh for and against genocidal intent in this context.[3]

Citations (7)

1presidency.gov.zaGovernment
Presidency notes ICJ order of 21 May 2026 on the matter between the Government of the Republic of South Africa and the State of Israel | The Presidency
Backs: “The question is before the International Court of Justice (ICJ) and will likely take years to be decided on the merits.”
2un.orgGovernment
Convention on the Prevention and Punishment of the Crime of
Backs: “Proving that specific “intent to destroy” is the key legal hurdle.”
3icj-cij.orgGovernment
Order of 26 January 2024 | INTERNATIONAL COURT OF JUSTICE
Backs: “In interim orders on January 26, March 28, and May 24, 2024, the ICJ found that the rights of Palestinians in Gaza under the Genocide Convention are “plausible,” said there is a real and imminent risk of irreparable harm, and ordered Israel to prevent acts prohibited by the Convention, to prevent and punish direct and…”
4icc-cpi.intGovernment
Statement of ICC Prosecutor Karim A.A. Khan KC on the issuance of arrest warrants in the Situation in the State of Palestine | International Criminal Court
Backs: “In November 2024, judges of the International Criminal Court issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and then-Defense Minister Yoav Gallant for alleged war crimes and crimes against humanity (including starvation as a method of warfare). The ICC has not charged genocide in these warrants.”
5un.orgGovernment
A/HRC/55/73
Backs: “UN Special Rapporteur Francesca Albanese (not a court) concluded in March 2024 that there are “reasonable grounds” to believe genocide is being committed in Gaza; this is an expert opinion, not a binding judgment.”
6state.govGovernment
Department Press Briefing - May 28, 2024 - United States Department of State
Backs: “The United States government has repeatedly stated it does not assess that Israel is committing genocide.”
7apnews.comNews and mediaquality 1.00
Palestinian death toll in Gaza tops 73,000 as Israel launches strikes despite ceasefire
Backs: “As one reference point, Gaza’s Health Ministry reported more than 73,000 Palestinians killed by mid‑June 2026; figures are contested in detail but widely cited by major newswires and UN bodies.”