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Is Israel committing genocide in Gaza?

Contested issue · Draft for editorial review · As of 21 October 2026

In brief

A UN commission, Amnesty International and a number of scholars say yes. Israel says no and points to its aim of defeating Hamas after the attack of 7 October 2023. The International Court of Justice has not ruled. It has only found a plausible risk and ordered precautions, and its final judgment is years away.

What is claimed

  • South Africa filed a case at the ICJ in December 2023 alleging that Israel violates the Genocide Convention.
  • On 16 September 2025 the UN Independent International Commission of Inquiry concluded that Israel committed genocide in Gaza and that senior officials incited it. Amnesty International reached a similar finding in December 2024.
  • These bodies cite mass killing, the siege and starvation, the destruction of health and education systems, and statements by Israeli officials as evidence of intent to destroy Palestinians as a group.

What the record shows

  • The Genocide Convention requires specific acts committed with intent to destroy a national, ethnic, racial or religious group in whole or in part. Intent is the hardest element to prove.
  • On 26 January 2024 the ICJ found that the rights South Africa claimed were plausible and ordered Israel to prevent genocidal acts and allow aid. It did not decide whether genocide has occurred, and it did not order a ceasefire.
  • Israel filed its Counter-Memorial in March 2026 and objects to the court's jurisdiction. In June 2026 the court set 22 November 2027 for South Africa's Reply and 22 May 2029 for Israel's Rejoinder. No hearing date has been set.
  • The commission's findings are not a court judgment. Israel did not cooperate with it. Gaza's casualty figures come from the Hamas-run health ministry, which UN agencies use and Israel questions.

The case and the answers

The strongest case against

  • The pattern of conduct, the blockade and statements by ministers show intent beyond the aim of defeating Hamas.
  • The scale of civilian death and destruction is consistent with an intent to destroy the group, and a number of genocide scholars have said so.

The best answers

  • Israel went to war after Hamas killed about 1,200 people on 7 October 2023 and took about 250 hostages. Its stated aim is to dismantle Hamas and free the hostages.
  • Genocide requires intent to destroy a people. Israel warned civilians, evacuated areas, let in aid and has a civilian population in Gaza that kept growing before the war.
  • Hamas fights from civilian areas and has said it would repeat the attack, which complicates casualty ratios. Military analysts such as John Spencer argue the civilian-to-combatant ratio is low for urban war.
  • Israel argues that statements cited as proof of intent came from individual officials and do not reflect the military's operational orders.

Key dates

  • 7 Oct 2023 Hamas attacks southern Israel.
  • 29 Dec 2023 South Africa files its case at the ICJ.
  • 26 Jan 2024 ICJ orders provisional measures.
  • Dec 2024 Amnesty International finds genocide.
  • 16 Sep 2025 UN Commission of Inquiry finds genocide.
  • 10 Oct 2025 Ceasefire begins.
  • Mar 2026 Israel files its Counter-Memorial.
  • Jun 2026 ICJ sets deadlines through 2029.

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Direct sources and further study

Related on NOWlej

October 7 attack (2023) · Gaza · Hamas · IDF

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