Do Israel's military actions in Gaza since October 7th, 2023 constitute a genocide?
The UN commission and genocide scholars' association conclude Israel committed genocide, while Israel and a competing group of scholars and legal commentators reject that conclusion.
This is a highly contested question that involves legal, political, and humanitarian dimensions where there is significant disagreement among international bodies, legal scholars, and governments. Let me gather current information on the various positions and rulings.This is a highly contested question with no single definitive legal verdict yet, but there is a growing body of findings on one side and firm rejection on the other. Here's where things currently stand:
Bodies that have found genocide occurred
UN Independent International Commission of Inquiry (COI): In September 2025, this UN Human Rights Council-mandated body concluded for the first time that Israel has committed genocide against Palestinians in Gaza and that the country's top leaders have incited genocide, finding that Israel has "committed four genocidal acts" in the enclave since October 7, 2023. Its chair, former ICC judge Navi Pillay, stated that "the responsibility for these atrocity crimes lies with Israeli authorities at the highest echelons who have orchestrated a genocidal campaign for almost two years now with the specific intent to destroy the Palestinian group in Gaza." In October 2026, the same commission issued a follow-up report finding that Israel has continued to commit genocide in Gaza since the October 2025 ceasefire.
Genocide scholars: The International Association of Genocide Scholars passed a resolution with 86% of voting members backing a declaration that "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)".
ICJ advisory proceedings: While distinct from the genocide case itself, a separate October 2025 ICJ advisory opinion found Israel had substantially restricted — and for significant periods completely prevented — the entry of aid into Gaza, with catastrophic consequences for the population, which some, including Hamas, have cited as supporting genocide claims, though the Court itself distinguished this case from the genocide determination.
Israel's position and countervailing views
Israel has firmly and consistently rejected the genocide label. It has called the UN Commission's findings a "distorted and false" report, and its UN ambassador in Geneva described the September 2025 finding as a "scandalous" and "fake" report authored by "Hamas proxies." Israel's core legal argument, presented at the ICJ, is that it is fighting in self-defense, targeting Hamas rather than Palestinians, and that its leadership has not displayed genocidal intent. Israeli representatives have argued that the Genocide Convention was adopted only to address exceptional malevolent crimes, and was "not designed to address the brutal impact of intensive hostilities" on civilians during warfare.
A competing group of genocide and Holocaust scholars pushed back on the IAGS resolution, arguing that the ICJ has said that to be guilty of genocide, the pattern of a state's actions must make clear that genocide was the state's sole intent, and if a state is acting in self-defense, it cannot be convicted of genocide. Legal commentators like David Scheffer, the first U.S. Ambassador-at-Large for War Crimes Issues, have argued that any Palestinian civilian deaths are the result of military action against an enemy Israel has "a justifiable right to attack in self-defense," rather than genocidal intent.
The binding legal case is still pending
The actual legal test of this question — South Africa v. Israel at the ICJ — has not yet reached a final verdict. The Court has issued provisional (emergency) orders since January 2024 finding it "plausible" that Palestinian rights under the Genocide Convention are at risk, but as of 2026 the Court has ordered binding emergency measures but has made no final ruling on whether genocide has occurred; the case is still being argued. The case remains in its written/merits phase — Israel filed its counter-memorial in March 2026, and the Court directed further written pleadings, meaning the case remains in the written phase with no final merits decision yet. Legal experts estimate a final judgment will come in late 2027 or early 2028, assuming no unexpected delays.
Bottom line
There is no consensus answer. A UN commission of inquiry, a majority of surveyed genocide scholars, and numerous human rights organizations have concluded genocide has occurred or is occurring. Israel categorically denies this, framing its actions as lawful self-defense against Hamas, and a number of legal scholars argue the self-defense context and lack of proven "sole intent" to destroy the group undermine the genocide characterization. The only body with authority to issue a legally binding determination — the ICJ — has not yet ruled on the merits, meaning the question remains legally unresolved even as political, humanitarian, and scholarly judgments have increasingly diverged along these lines.
Citations (15)
- UN commission says Israel is committing genocide in Gaza
Source excerpt: “An independent United Nations inquiry has concluded for the first time that Israel has committed genocide against Palestinians in Gaza and that the co...”
evidence, article, points to yes. Claim: UN commission concluded for the first time that Israel committed genocide in Gaza and that its leaders incited it.
- Israel has committed genocide in the Gaza Strip, UN Commission finds
Source excerpt: ““The responsibility for these atrocity crimes lies with Israeli authorities at the highest echelons who have orchestrated a genocidal campaign for alm...”
attribution, official document, points to yes. Claim: Navi Pillay said responsibility lies with Israeli authorities at the highest echelons who orchestrated a genocidal campaign with specific intent.
- Israel committing genocide in Gaza despite ceasefire, UN commission of inquiry finds - ABC News
Source excerpt: “Israel has continued to commit genocide in Gaza since last October's ceasefire, a United Nations commission has found. ”
evidence, article, points to yes. Claim: October 2026 follow-up report found Israel continued to commit genocide in Gaza since the ceasefire.
- Israel is committing genocide in Gaza, scholars' association says
Source excerpt: “Eighty-six percent of those who voted among the 500-member International Association of Genocide Scholars backed the resolution declaring: “Israel’s p...”
statistic, article, points to yes. Claim: 86% of voting International Association of Genocide Scholars members backed resolution that Israel's actions meet the legal definition of genocide.
- Summary of the ICJ Advisory Opinion of 22 October 2025 - Question of Palestine
Source excerpt: “In the course of its military campaign, Israel has substantially restricted — and for significant periods of time, including between 2 March and 18 Ma...”
evidence, official document, neutral. Claim: ICJ advisory opinion found Israel substantially restricted aid into Gaza, though the Court distinguished it from a genocide determination.
- israel committing genocide in gaza un commission
Source excerpt: “Israel rejected what it called a “distorted and false” report. ”
attribution, article, points to no. Claim: Israel rejected the UN commission report as 'distorted and false'.
- UN inquiry finds that Israel has committed genocide in Gaza
Source excerpt: “Israel's ambassador to the UN in Geneva, Daniel Meron, called the report "scandalous" and "fake," saying it had been authored by "Hamas proxies." ”
attribution, article, points to no. Claim: Israel's UN ambassador called the report 'scandalous' and 'fake,' authored by 'Hamas proxies'.
- Israel denies genocide accusations at top UN court, says war in Gaza is self-defense
Source excerpt: “In the second and final day of hearings at the International Court of Justice (ICJ), Israel argued its war in Gaza was fought in self-defense, that it...”
attribution, article, points to no. Claim: Israel argued at the ICJ that it is fighting in self-defense and targeting Hamas, not Palestinians.
- Israel denies genocide accusations at top UN court, says war in Gaza is self-defense
Source excerpt: “But Israel argued the convention was adopted only to “address a malevolent crime of the most exceptional circumstances,” and was “not designed to addr...”
attribution, article, points to no. Claim: Israel argued the Genocide Convention was not designed to address the brutal impact of intensive hostilities on civilians.
- Genocide experts demand 'scholars' group rescind accusation against Israel
Source excerpt: “The International Court of Justice has said that, to be guilty of genocide, the pattern of a state’s actions must make clear that genocide was the sta...”
attribution, article, points to no. Claim: Competing genocide and Holocaust scholars argued ICJ standard requires genocide be the sole plausible intent, and self-defense precludes conviction.
- South Africa's genocide case against Israel
Source excerpt: “#### Analysis of the merits David Scheffer, who served as the first United States Ambassador-at-Large for War Crimes Issues, criticized South Africa's...”
attribution, reference entry, points to no. Claim: David Scheffer argued civilian deaths result from military action in self-defense rather than genocidal intent.
- South Africa v Israel: The ICJ Genocide Case, Explained
Source excerpt: “As of 2026 the Court has ordered binding emergency measures but has made no final ruling on whether genocide has occurred; the case is still being arg...”
evidence, article, neutral. Claim: ICJ ordered binding emergency measures but has made no final ruling on whether genocide occurred; case ongoing.
- What Is the Current Status of South Africa’s Genocide ...
Source excerpt: “South Africa’s case alleging genocide by Israel in the Gaza Strip is an active, complex matter before the International Court of Justice: initial prov...”
evidence, article, neutral. Claim: South Africa's case is an active matter before the ICJ with provisional measures issued and merits phase pending.
- Israel’s genocide in Gaza: Whatever happened to South Africa’s case at the ICJ?
Source excerpt: “Experts believe that it will come in late 2027 or early 2028. ”
evidence, article, neutral. Claim: Experts estimate a final ICJ judgment in late 2027 or early 2028.
- Israel’s genocide in Gaza: Whatever happened to South Africa’s case at the ICJ?
Source excerpt: ““If there are no unexpected surprises, this could mean a final judgment on the merits in this case by the end of 2027 or the beginning of 2028.””
evidence, article, neutral. Claim: Final merits judgment could come by end of 2027 or beginning of 2028 absent unexpected delays.