Israel has committed genocide in Gaza, UN commission of inquiry says

A United Nations commission of inquiry says Israel has committed genocide against Palestinians in Gaza.

A new report says there are reasonable grounds to conclude that four of the five genocidal acts defined under international law have been carried out since the start of the war with Hamas in 2023: killing members of a group, causing them serious bodily and mental harm, deliberately inflicting conditions calculated to destroy the group, and preventing births.

It cites statements by Israeli leaders, and the pattern of conduct by Israeli forces, as evidence of genocidal intent.

Israel’s foreign ministry said it categorically rejected the report, denouncing it as “distorted and false”.

A spokesperson accused the three experts on the commission of serving as “Hamas proxies” and relying “entirely on Hamas falsehoods, laundered and repeated by others” that had “already been thoroughly debunked”.

“In stark contrast to the lies in the report, Hamas is the party that attempted genocide in Israel – murdering 1,200 people, raping women, burning families alive, and openly declaring its goal of killing every Jew,” the spokesperson added.

The Israeli military launched a campaign in Gaza in response to the unprecedented Hamas-led attack on southern Israel on 7 October 2023, in which about 1,200 people were killed and 251 were taken hostage.

At least 64,905 people have been killed in Israeli attacks in Gaza since then, according to the territory’s Hamas-run health ministry.

Most of the population has also been repeatedly displaced; more than 90% of homes are estimated to be damaged or destroyed; the healthcare, water, sanitation and hygiene systems have collapsed; and UN-backed food security experts have declared a famine in Gaza City.

The Independent International Commission of Inquiry on the Occupied Palestinian Territory was established by the UN Human Rights Council in 2021 to investigate all alleged violations of international humanitarian and human rights law.

The three-member expert panel is chaired by Navi Pillay, a South African former UN human rights chief who was president of the international tribunal on Rwanda’s genocide.

The commission’s latest report alleges that Israeli authorities and Israeli forces have committed four of the five acts of genocide defined under the 1948 Genocide Convention against a national, ethnic, racial or religious group – in this case, Palestinians in Gaza:

• Killing members of the group through attacks on protected objects; targeting civilians and other protected persons; and the deliberate infliction of conditions causing deaths
• Causing serious bodily or mental harm to members of the group through direct attacks on civilians and protected objects; severe mistreatment of detainees; forced displacement; and environmental destruction
• Deliberately inflicting conditions of life calculated to bring about the destruction of the group in whole or in part through destruction of structures and land essential to Palestinians; destruction and denial of access to medical services; forced displacement; blocking essential aid, water, electricity and fuel from reaching Palestinians; reproductive violence; and specific conditions impacting children
• Imposing measures intended to prevent births through the December 2023 attack on Gaza’s largest fertility clinic, reportedly destroying around 4,000 embryos and 1,000 sperm samples and unfertilised eggs

To fulfil the legal definition of genocide under the Genocide Convention, it must also be established that the perpetrator committed any one of those acts with specific intent to destroy the group in whole or in part.

The commission says it analysed statements made by Israeli leaders and alleges that President Isaac Herzog, Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant have “incited the commission of genocide”.

It also states that “genocidal intent was the only reasonable inference” that could be concluded from the pattern of conduct of Israeli authorities and security forces in Gaza.

The commission says the pattern of conduct includes intentionally killing and seriously harming an unprecedented number of Palestinians using heavy munitions; systematic and widespread attacks on religious, cultural and education sites; and imposing a siege on Gaza and starving its population.

Israel’s government insists that its efforts are directed solely at dismantling Hamas’s capabilities and not at the people of Gaza. It says its forces operate in accordance with international law and take all feasible measures to mitigate harm to civilians.

“As early as 7 October 2023, Prime Minister Netanyahu vowed to inflict… ‘mighty vengeance’ on ‘all of the places where Hamas is deployed, hiding and operating in, that wicked city, we will turn them into rubble’,” Pillay said in an interview with the BBC.

“His use of the phrase ‘wicked city’ in the same statement implied that he saw the whole city of Gaza [Gaza City] as responsible and a target for vengeance. And he told Palestinians to ‘leave now because we will operate forcefully everywhere’.”

She added: “It took us two years to gather all the actions and make factual findings, verify whether that had happened… It’s only the facts that will direct you. And you can only bring it under the Genocide Convention if those acts were done with this intention.”

The commission says the acts of Israeli political and military leaders are “attributable to the State of Israel”, and that the state therefore “bears responsibility for the failure to prevent genocide, the commission of genocide and the failure to punish genocide”.

It also warns all other countries have an immediate obligation under the Genocide Convention to “prevent and punish the crime of genocide”, employing all measures at their disposal. If they do not, it says, they could be complicit.

“We have not gone so far as to name parties as co-conspirators, or being complicit in genocide. But that is the… ongoing work of this commission. They will get there,” Pillay said.

A number of international and Israeli human rights organisations, independent UN experts, and scholars have also accused Israel of genocide against Palestinians in Gaza.

The International Court of Justice (ICJ) is meanwhile hearing a case brought by South Africa that accuses Israeli forces of genocide. Israel has called the case “wholly unfounded” and based on “biased and false claims”.