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

Whether Israel’s military actions in Gaza since the October 7, 2023, attacks constitute a genocide is a subject of profound international, legal, political, and moral debate.

A final legal determination has not yet been made, as the question is currently the subject of an ongoing, multi-year lawsuit brought by South Africa against Israel at the United Nations’ International Court of Justice (ICJ).

The arguments and current legal status surrounding this issue present two distinct perspectives:

Arguments Supporting the Allegation of Genocide

Those who argue that Israel's actions in Gaza constitute genocide—including the government of South Africa, several other nations (such as Turkey, Spain, and Ireland), UN human rights experts, and organizations like Amnesty International—point to several key factors:

•Scale of Death and Destruction: Critics emphasize the unprecedented scale of civilian casualties and physical destruction. Gaza’s Health Ministry reports that the conflict has claimed over 74,000 Palestinian lives, a majority of whom are women and children. High-density bombing campaigns have leveled entire neighborhoods, hospitals, schools, and essential infrastructure.

•Imposition of Destructive Conditions (Starvation and Blockade): Under the Genocide Convention, deliberately inflicting conditions of life calculated to bring about a group's physical destruction is a genocidal act. Accusers argue that Israel’s severe restrictions on food, water, medicine, electricity, and humanitarian aid have triggered widespread starvation and a catastrophic health crisis.

•Forced Displacement: The repeated, mass evacuation orders that have displaced nearly the entire population of Gaza into ever-shrinking and unsafe areas are cited as evidence of a systematic effort to make the territory uninhabitable.

•Evidence of Intent: Legal scholars and UN rapporteurs argue that "genocidal intent"—the most difficult standard to prove in international law—can be inferred from public statements made by high-ranking Israeli political and military figures. Critics point to dehumanizing rhetoric and statements referencing historical biblical battles (such as "Amalek") as evidence of intent to destroy the population in whole or in part.

Arguments Against the Allegation of Genocide

Israel, supported by close allies including the United States, vehemently rejects the accusation of genocide, calling it an "outrageous distortion of the Genocide Convention". Their defense rests on several core arguments:

•The Right to Self-Defense: Israel maintains that its military campaign is a legitimate exercise of its right to self-defense under international law. The war was initiated in response to the October 7, 2023, attacks by Hamas, which killed approximately 1,200 people (mostly civilians) and resulted in the taking of over 240 hostages.

•Targeting of Hamas, Not Civilians: Israel’s official military objectives are strictly the dismantling of Hamas’s military and governing capabilities and the safe return of the hostages. Israel argues that because its operations target a terrorist organization rather than the Palestinian people as a group, the legal definition of genocide—which requires "intent to destroy, in whole or in part, a national, ethnical, racial or religious group"—is not met.

•Hamas's Use of Human Shields: Israel argues that the high civilian death toll is the tragic, direct result of Hamas's military strategy. Hamas systematically embeds its fighters, rocket launchers, and tunnel networks within highly populated civilian areas, including hospitals, mosques, and schools. Under international humanitarian law, Israel asserts that civilian casualties resulting from strikes on these militarized sites are classified as collateral damage, not intentional murder.

•Harm Mitigation and Humanitarian Aid: Israel points to its efforts to minimize civilian casualties as proof of a lack of genocidal intent. These efforts include issuing advance evacuation warnings via leaflets, phone calls, and texts, establishing humanitarian corridors, and coordinating the entry of aid trucks into Gaza.

Status of the International Court of Justice (ICJ) Case

In December 2023, South Africa formally instituted proceedings against Israel at the ICJ under the 1948 Genocide Convention.

•Provisional Measures (January 2024): In a preliminary ruling, the ICJ did not decide whether Israel was committing genocide, but found that the rights of Palestinians to be protected from genocide were "plausible". The court issued legally binding provisional measures ordering Israel to take all steps within its power to prevent acts of genocide, punish public incitement to genocide, and ensure the delivery of basic services and humanitarian aid.

•Written Pleadings and Timeline: In October 2024, South Africa submitted its formal "memorial"—a massive dossier detailing its evidence and arguments. In March 2026, Israel submitted its "counter-memorial," which formally contested the court's jurisdiction and denied all allegations.

•The Path Forward: The ICJ has laid out a multi-year schedule for the litigation. South Africa has until November 2027 to file its written reply to Israel's defense, after which Israel has until May 2029 to submit its final response (rejoinder). A final, definitive ruling on whether Israel's military actions constitute genocide is not expected from the court for several years.

Citations (12)

1wikipedia.orgEncyclopedias and referencequality 0.83
wikipedia.org
Backs: “A final legal determination has not yet been made, as the question is currently the subject of an ongoing, multi-year lawsuit brought by South Africa against Israel at the United Nations’ International Court of Justice (ICJ). The arguments and current legal status surrounding this issue present two distinct…”
2thepresidency.gov.zaGovernment
thepresidency.gov.za
Backs: “A final legal determination has not yet been made, as the question is currently the subject of an ongoing, multi-year lawsuit brought by South Africa against Israel at the United Nations’ International Court of Justice (ICJ). The arguments and current legal status surrounding this issue present two distinct…”
3asil.orgNonprofits and think tanks
asil.org
Backs: “Those who argue that Israel's actions in Gaza constitute genocide—including the government of South Africa, several other nations (such as Turkey, Spain, and Ireland), UN human rights experts, and organizations like Amnesty International—point to several key factors:”
4un.orgGovernment
un.org
Backs: “Those who argue that Israel's actions in Gaza constitute genocide—including the government of South Africa, several other nations (such as Turkey, Spain, and Ireland), UN human rights experts, and organizations like Amnesty International—point to several key factors:”
5amnesty.orgNonprofits and think tanks
amnesty.org
Backs: “Those who argue that Israel's actions in Gaza constitute genocide—including the government of South Africa, several other nations (such as Turkey, Spain, and Ireland), UN human rights experts, and organizations like Amnesty International—point to several key factors:”
6wikipedia.orgEncyclopedias and referencequality 0.83
wikipedia.org
Backs: “Scale of Death and Destruction: Critics emphasize the unprecedented scale of civilian casualties and physical destruction. Gaza’s Health Ministry reports that the conflict has claimed over 74,000 Palestinian lives, a majority of whom are women and children.”
7wafa.psNot yet classified
wafa.ps
Backs: “Gaza’s Health Ministry reports that the conflict has claimed over 74,000 Palestinian lives, a majority of whom are women and children. High-density bombing campaigns have leveled entire neighborhoods, hospitals, schools, and essential infrastructure.”
8wikipedia.orgEncyclopedias and referencequality 0.83
wikipedia.org
Backs: “Gaza’s Health Ministry reports that the conflict has claimed over 74,000 Palestinian lives, a majority of whom are women and children. High-density bombing campaigns have leveled entire neighborhoods, hospitals, schools, and essential infrastructure.”
9wikipedia.orgEncyclopedias and referencequality 0.83
wikipedia.org
Backs: “High-density bombing campaigns have leveled entire neighborhoods, hospitals, schools, and essential infrastructure. Imposition of Destructive Conditions (Starvation and Blockade): Under the Genocide Convention, deliberately inflicting conditions of life calculated to bring about a group's physical destruction is a…”
10reliefweb.intGovernment
reliefweb.int
Backs: “High-density bombing campaigns have leveled entire neighborhoods, hospitals, schools, and essential infrastructure. Imposition of Destructive Conditions (Starvation and Blockade): Under the Genocide Convention, deliberately inflicting conditions of life calculated to bring about a group's physical destruction is a…”
11aljazeera.comNews and mediaquality 0.78
aljazeera.com
Backs: “Accusers argue that Israel’s severe restrictions on food, water, medicine, electricity, and humanitarian aid have triggered widespread starvation and a catastrophic health crisis. Forced Displacement: The repeated, mass evacuation orders that have displaced nearly the entire population of Gaza into ever-shrinking and…”
12apnews.comNews and mediaquality 1.00
apnews.com
Backs: “The war was initiated in response to the October 7, 2023, attacks by Hamas, which killed approximately 1,200 people (mostly civilians) and resulted in the taking of over 240 hostages. Targeting of Hamas, Not Civilians: Israel’s official military objectives are strictly the dismantling of Hamas’s military and governing…”