A Textbook Genocide in Gaza and The UN Report
Ali Osman Karaoğlu
Genocidal Intent and Current Procedures
On 16 September 2025, a report was published that may significantly affect both the ICJ and ICC proceedings, since both courts build their decisions on information derived from reliable sources. The report was prepared by the Independent International Commission of Inquiry (the Commission), which had been established by the Human Rights Council[1] on 27 May 2021 to investigate violations of international humanitarian law and international human rights law, as well as to establish facts and circumstances amounting to crimes committed in the Occupied Palestinian Territories (OPT) and in Israel, both prior to and since 13 April 2021.[2] The 72-page report analyses genocidal acts in detail, combining them with concrete findings, and clearly demonstrates that Israel’s actions constitute the crime of genocide.[3]
It should be noted that Israel’s actions in Gaza since 7 October 2023 have been subject to various assessments, given that genocide is a crime that can only be committed with the element of specific intent (genocidal intent). Nevertheless, the prevailing view, including that of UN Special Rapporteurs, is that Israel’s actions amount to the crime of genocide.[4] Indeed, South Africa brought a case before the ICJ against Israel for violations of the Genocide Convention. In its application, South Africa cited dozens of public statements by senior Israeli officials, arguing that such statements demonstrate the existence of genocidal intent. According to South Africa’s submissions, Prime Minister Netanyahu declared on 15 October 2023 that Israeli soldiers “understood the scope of their mission” and were “ready to defeat the bloodthirsty monsters who had risen against Israel.” On 16 October 2023, in an official address before the Israeli Parliament (Knesset), he characterised the situation as “a struggle between the children of light and the children of darkness, between humanity and the law of the jungle.” President Herzog, for his part, explicitly stated on 12 October 2023 that no distinction was being made between civilians and combatants in Gaza. Speaking to foreign media, he said of the Palestinians in Gaza—about one million of whom are children: “The entire population is responsible. The claim that civilians were unaware and uninvolved is not true. This is absolutely baseless. We will fight until we break their backs.” Meanwhile, on 9 October 2023, Defence Minister Gallant announced during an Israeli army “situation assessment” meeting that Israel was imposing “a complete siege on Gaza.” He declared: “No electricity, no food, no water, no fuel. Everything is closed. We are fighting human animals, and we are acting accordingly.” He also told soldiers on the Gaza border that “all restrictions had been lifted” and that “Gaza would no longer be the same; everything would be eliminated”.[5] The ICJ has not yet rendered its final judgment, but in its provisional measures orders Israel to refrain from actions that would violate its obligations under the Genocide Convention.
A parallel process is also underway before the International Criminal Court (ICC). The Rome Statute establishes four core crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. In the case of Palestine, following an investigation by the Prosecutor, it was determined in 2021 that there were grounds to suspect that certain senior Israeli officials had been implicated in crimes under the Statute, and an investigation was formally opened. Within the framework of the investigation concerning crimes against humanity and war crimes, the ICC issued an important decision on 21 November 2024, ordering arrest warrants against certain individuals. The Pre-Trial Chamber found reasonable grounds to believe that Benjamin Netanyahu and Yoav Gallant had committed crimes against humanity and war crimes, and thus ordered their arrest.[6] Although the ICC process has not yet directly addressed the crime of genocide, this does not preclude the possibility of such an investigation in the future. Indeed, as evidence-based UN reports continue to accumulate, the course of proceedings before the courts may evolve accordingly.
Summary of Factual Findings of the Report
The report evaluates, one by one, the acts enumerated in the Genocide Convention that may constitute the crime of genocide. The Convention first defines as a crime the “killing members of the group”. According to report; from 7 October 2023 to 31 July 2025, 60,199 Palestinians were killed, of whom 18,430 were children and 9,735 were women. Israel has used heavy unguided munitions with a wide margin of error in densely populated residential areas.[7] The report also incorporates data from the World Health Organization. According to the World Health Organization (WHO), between 7 October 2023 and 30 July 2024, Israel carried out 498 attacks on healthcare facilities in the Gaza Strip. A total of 747 persons were killed directly in those attacks.[8] According to the report; Palestinians in Gaza were attacked in their homes, at hospitals, in shelters (including schools and religious sites), during the evacuations and in designated safe zones. The killings even occurred during ceasefire periods, contrary to the terms of the ceasefire and without warning.[9]. By referring many other incidents, the Commission concludes that the Israeli authorities intended to kill and cause the deaths of the Palestinians in Gaza through the military operations and war strategies employed. As such, the Commission concludes that the actus reus and mens rea of ‘killing members of the group’ under article II(a) of the Genocide Convention are established[10].
Secondly, the Commission considered “causing serious bodily or mental harm to members of the group”. The Commission reported that, in May 2024, the number of Palestinians who were physically injured in Gaza was estimated at 77,908. As of 30 July 2025, the number of persons injured according to OCHA stands at 146,269. According to the WHO in July 2024, it was reasonable to estimate between 3,105 and 4,050 limb amputations between January and May 2024. According to UNICEF, at least 609 children were injured in two weeks after the ceasefire broke down, between 18 and 31 March 2025, bringing the total of children injured since 7 October 2023 to 34,000, as of 31 March 2025.[11] Considering the evidence in totality, the Commission finds that the Israeli security forces have intentionally inflicted serious bodily and mental harm on the Palestinians in Gaza. The Commission concludes that the actus reus and mens rea of ‘causing serious bodily or mental harm to members of the group’ under article II(b) of the Genocide Convention are established.[12]
Thirdly, the Commission analysed “deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part”. The Commission notes that, almost immediately after the 7 October 2023 attack in Israel, the Israeli authorities announced a ‘total siege’ on Gaza. The Commission has stated, in a previous report, that the Israeli authorities have shown their intent, as early as 9 October 2023, to instrumentalise the provision of basic necessities, including food, medicine, water, fuel and electricity, to hold the entire population of the Gaza Strip hostage. The Commission assessed the conduct of Israeli authorities, including those of the Israeli security forces, in particular (i) a pattern of wanton and direct attacks against civilian objects in Gaza; (ii) forcibly transferring Palestinians in Gaza; (ii) using starvation as a method of warfare; (iii) imposing a total siege on Gaza by preventing entry of electricity, fuel, food and water, and means of shelter; (iv) blocking humanitarian aid, including basic necessities, medical equipment and medicines, from entering into Gaza; and (v) direct attacks on the healthcare facilities, including sexual and reproductive healthcare facilities. The Commission concludes that the actus reus and mens rea of ‘deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part’ under article II(c) of the Genocide Convention are established.[13]
Finally, the Commission argues “imposing measures intended to prevent births within the group”. The Commission reports that attacks on healthcare facilities, including those offering sexual and reproductive healthcare and services, have affected about 545,000 women and girls who are of reproductive age in Gaza. Direct attacks against the main maternity wards in Shifa Hospital and Nasser Medical Complex in Khan Younis rendered them inoperative for periods of time. In particular, the Commission investigated the attack against Al-Basma IVF clinic, Gaza’s largest fertility clinic. The clinic was shelled in December 2023, reportedly destroying around 4,000 embryos and 1,000 sperm samples and unfertilised eggs. Considering (i) the Israeli security forces had launched a shell that directly hit the standalone clinic within a compound; (ii) the precision of the strike that led to the explosion of the nitrogen tanks; (iii) the absence of any credible threat from within the clinic; and (iv) the extent of damage to the clinic in comparison with the surrounding buildings, it is reasonable to conclude that the Israeli security forces knew of the function of the clinic and intended to target it and destroy the reproductive material within. As such, the Commission concludes that the actus reus and mens rea of ‘imposing measures intended to prevent births within the group’ under article II(c) of the Genocide Convention are established.[14]
Conclusion and Legal Implications
The findings and legal analyses presented by the Commission clearly demonstrate that the crime of genocide has been committed by Israel. The statements of Israel’s senior officials and the manner in which the operations have been conducted show that Israel’s actions have been carried out with genocidal intent. Such rhetoric dehumanised Palestinians, fuelled soldiers’ conduct on the ground, and was consistent with patterns of unlawful actions left largely unpunished. A State is responsible for wrongful acts carried out by its organs, including political and military leaders, and this principle is firmly established in customary international law. Responsibility may also arise from omissions, such as a failure to prevent or punish genocide. Israeli security forces carried out genocidal acts under the instructions and control of political and military leadership after 7 October 2023. Despite having the capacity to prevent and punish such crimes, Israeli authorities have not conducted genuine investigations or prosecutions. Instead, the pattern of statements and conduct shows that political and military leaders possessed the specific intent to commit genocide, making these acts attributable to the State of Israel.
Israel has violated its obligations under the Genocide Convention. It must cease military operations inconsistent with the Convention, comply with ICJ provisional measures, and provide full reparation to Palestinians. Furthermore, Israel is responsible for direct and public incitement to commit genocide by its officials, and under Article IV it must investigate and punish individuals—including political leaders, military commanders, and soldiers—who engaged in such incitement. Accordingly, The ICJ should find that Israel has committed genocide in the case brought by South Africa. Given the abundance of evidence and reliable reports, a decision to the contrary would be difficult to justify. Moreover, the ICC should also take the emerging evidence into account and add the crime of genocide to the ongoing investigation.
The duty to prevent and punish genocide applies universally, not only to the responsible State but to all States Parties to the Genocide Convention and, under customary international law, to all States. Thus, all States must assess potential violations of the Genocide Convention and take steps to fulfil their own obligations to prevent and punish genocide, even without a specific ICJ order. Such duty of states crystalises “at the instant that the State learns of, or should normally have learned of, the existence of a serious risk that genocide will be committed”. Therefore, such duty arises when a State is put on notice of information suggesting the risk of Commission of genocidal acts and it has the capacity and means to prevent such acts from occurring. States are obliged to take concrete measures to prevent their involvement, directly or indirectly, in acts of genocide. This includes halting the transfer of arms, equipment, or items such as jet fuel to Israel or to third States where there is a reasonable risk that these could be used in military operations linked to genocide. States must also ensure that individuals and corporations within their jurisdiction are not complicit in genocide, whether by direct participation, aiding and abetting, or incitement, and they are required to investigate and prosecute those implicated. Furthermore, States should facilitate international and domestic investigations, as well as adopt measures—including sanctions—against both Israel and any individuals or corporations involved in or enabling the Commission or incitement of genocide.
[1] The Human Rights Council, one of the principal intergovernmental bodies within the United Nations, is responsible for human rights. Established by the General Assembly in 2006, it is mandated to ensure the protection and promotion of human rights worldwide.
[2] A/HRC/RES/S-30/1
[3] Human Rights Council, Legal analysis of the conduct of Israel in Gaza pursuant to the Convention on the Prevention and Punishment of the Crime of Genocide, A/HRC/60/CRP.3, 16 September 2025. For the full text see: https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/sessions-regular/session60/advance-version/a-hrc-60-crp-3.pdf (retrieved 16.09.2025).
[4] UN Experts, “End unfolding genocide or watch it end life in Gaza: UN experts say States face defining choice”, 7 May 2025, https://www.ohchr.org/en/press-releases/2025/05/end-unfolding-genocide-or-watch-it-end-life-gaza-un-experts-say-states-face (retrieved 16.09.2025).
[5] ICJ, South Africa v. Israel, Application instituting proceedings and request for the indication of provisional measures, 29 December 2023, 140-144, par. 101.
[6] ICC Prosecutor Karim A.A. Khan KC, “Statement: Applications for arrest warrants in the situation in the State of Palestine”, 20 May 2024, https://www.icc-cpi.int/news/statement-icc-prosecutor-karim-aa-khan-kc-applications-arrest-warrants-situation-state (retrieved 16.09.2025).
[7] Report, p. 7-8.
[8] WHO, OPT Emergency Situation Update, Issue 38, 7 Oct 2023–29 July 2024 at 16:00, 29 July 2024.
[9] Report, p. 11.
[10] Report, p. 16.
[11] Report, p. 17.
[12] Report, p. 26.
[13] Report, p. 44-46.
[14] Report, p. 48.
