Do Israel's military actions in Gaza since October 7th, 2023 constitute a genocide?
This question involves contested legal findings — I'll review the definitions, court proceedings, and expert assessments on Gaza since October 7th.
Whether Israel's military actions in Gaza since October 7, 2023 constitute genocide is legally contested and has not been finally adjudicated by the principal international court.
1. Legal definition of genocide
The 1948 Convention on the Prevention and Punishment of the Crime of Genocide defines genocide as:
> any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group
The acts include:
> killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its
Genocide is described as a crime of special intent (dolus specialis); it is carried out deliberately, with intent to destroy the group as such. Proving that specific intent, as distinct from military intent, proportionality, or war crimes, is the central legal challenge.
2. Status of the International Court of Justice (ICJ) case
In December 2023, South Africa filed a case against Israel at the ICJ alleging violations of the Genocide Convention.
As of 2026, no final judgment has been issued:
> No final judgment of the International Court of Justice has found Israel responsible for genocide
The case remains before the ICJ and has not reached a final determination on the merits. Procedural orders have fixed further pleadings into 2027-2029, with a final ruling on the merits not yet issued.
Following the hearings, the Court began deliberations. As of October 9, 2026, no final judgment on the merits had been announced.
3. Bodies and experts that have concluded genocide has occurred
Several UN bodies, human rights organizations, and scholarly associations have concluded that Israel's actions do meet the legal definition:
UN Special Rapporteur: Francesca Albanese, UN Special Rapporteur on the occupied Palestinian territories, presented her report saying there are reasonable grounds to believe Israel is committing genocide in Gaza. In March 2024, Albanese reported that Israel's actions in Gaza amounted to genocide.
UN Independent International Commission of Inquiry: Chaired by Navi Pillay, the commission concluded on 16 September 2025 that Israel had committed genocide against Palestinians in Gaza. It concluded that Israel had committed four of the five genocidal acts defined by the Genocide Convention, with genocidal intent. A statement described Israel as "responsible for the commission of four genocidal acts in Gaza with the specific intent to destroy Palestinians in Gaza". Israel rejected that finding.
Human rights organizations:
Scholarly association: On 31 August 2025, the International Association of Genocide Scholars (IAGS), the world's biggest academic association of genocide scholars, passed a resolution saying that Israel has committed genocide in Gaza. Eighty-six percent of those who voted among the 500-member association backed the resolution declaring Israel’s "policies and actions in Gaza" had met the legal definition set out in Article II of the 1948 convention, which declares "Israel’s policies and actions in Gaza meet the legal definition of genocide in Article II of the United Nations Convention for the Prevention and Punishment of the Crime of Genocide (1948)".
These findings typically cite: large-scale killing and injury (Gaza health authorities and independent studies cite 67,000-75,000 killed since October 2023, with thousands more missing under rubble), destruction of homes, hospitals, schools, water and sanitation systems necessary to sustain human life, obstruction of humanitarian aid and water, and statements by senior Israeli officials interpreted as evidence of genocidal intent.
4. Arguments that reject or dispute the genocide characterization
Israel's government and some legal scholars and states reject the characterization:
Scholarly disagreement persists:
Other arguments raised against the genocide label include challenges to intent (asserting military targeting of Hamas rather than Palestinians as a group), citation of warnings, evacuations and aid facilitation as evidence against intent to destroy, and demographic arguments.
5. Summary
Therefore, whether Israel's actions constitute genocide depends on the legal assessment of intent and facts, and authoritative judicial determination by the ICJ has not yet been made.