2025 UNHRC Commission of Inquiry report on Gaza genocide

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Legal analysis of the conduct of Israel in Gaza pursuant to the Convention on the Prevention and Punishment of the Crime of Genocide
Presented16 September 2025
Location Geneva, Switzerland, United Nations Human Rights Council's 60th session;
Also available online
Author Independent International Commission of Inquiry on the Occupied Palestinian Territory
PurposeDetermine whether actions committed by Israel between 7 October 2023 and 31 July 2025 in the Gaza Strip constitute failure to prevent or committing of genocide under the 1948 Genocide Convention [1]

On 16 September 2025, the Independent International Commission of Inquiry on the Occupied Palestinian Territory released a report concluding that Israel is failing to prevent and is actively committing genocide against Palestinians. [2] [3] The commission that released the report was set up by the United Nations Human Rights Council (UNHRC), though it is independent and does not officially represent the UN. [3] The Commission found Israel guilty of four out of five acts specified in Article 2 of the 1948 Genocide Convention against Palestinians (murder, causing serious bodily or mental harm, deliberately inflicting conditions of life calculated to destroy the group, and imposing measures to prevent births) and found statements by senior Israeli officials alongside other evidence sufficient to establish genocidal intent. The report called for genocide charges to be added to the ICC arrest warrants for Israeli leaders. [1]

Contents

The report's official title is Legal analysis of the conduct of Israel in Gaza pursuant to the Convention on the Prevention and Punishment of the Crime of Genocide. The report, spanning 72 pages long, resulted from a two-year investigation, examining evidence between 7 October 2023 and 31 July 2025 limited to the Gaza Strip. [4] [1] The report was released in the 60th session of the Human Rights Council in Geneva, Switzerland. [1]

Actus reus

Article 2 of the Genocide Convention defines genocide as:

... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.

— Convention on the Prevention and Punishment of the Crime of Genocide, Article 2 [5]

The Commission concluded Israel engaged in acts (a), (b), (c), and (d). This established actus reus of genocide. [1]

Dolus specialis

Because actus reus is established, proof of dolus specialis (the mens rea component of the crime proving there is genocidal intent) establishes legal grounds for genocide charges, because both actus reus and dolus specialis must be established in order for there to be a genocide. [1]

The Commission establish genocidal intent in two ways:

(i) Intent is established through "statements expressing an intent to destroy, in whole or in part, the protected group." [1] [3] [6]

(ii) Intent is "the only reasonable inference that could be drawn based on the pattern of conduct of the Israeli authorities" in "the totality of the evidence." [1] [3] [6]

To substantiate (i), statements cited include:

The Commission claimed that even if the statements made were the only pieces of evidence considered in the genocide case, these statements are alone sufficient to establish that Israel is liable under the convention because direct and public incitement to commit genocide is punishable under Article 3(c) of the Genocide Convention, even in the absence of other actions (such as genocide or complicity in genocide). [1]

Additional cited evidence establishing genocidal intent included other statements by lower Israeli politicians, Amnesty International's report of a photograph of a slogan on an Israeli military watchtower with the words "Destroy Gaza," and the failure of Israeli officials to investigate or punish IDF soldiers who celebrated demolishing Palestinian civilian properties in Gaza. [1]

Timeline of cited evidence

The Commission categorized evidence into one of the four relevant acts under Article 2 of the Genocide Convention in order to establish actus reus :

Killings [1]
Serious bodily or mental harm [1]
Conditions of life calculated to bring about destruction of the group [1]
Preventing births [1]

Recommendations

The Commission made a number of suggestions to ameliorate the genocide:

Recommendations to the Government of Israel [1]
Recommendations to UN Member States [1]
Recommendations to the International Criminal Court [1]

Reactions by countries

Brazil

In a press release, Brazil referenced the report, saying "human rights violations in Gaza... must be investigated," but did not explicitly affirm support for the Commission's genocide allegation. However, Brazil voiced support for some of the report's recommendations such as a permanent ceasefire and unimpeded humanitarian aid access. [7]

Israel

Israel did not cooperate with the commission having accused it of pursuing an anti-Israel political agenda and exceeding its mandate. [8] [9] The Israeli ambassador to the UN described the report as a "libelous rant", and President Isaac Herzog said that it "obsesses over blaming the Jewish state, whitewashing Hamas’s atrocities, and turning victims of one of the worst massacres of modern times into the accused". [8] The Israeli foreign ministry called for the abolition of the Commission of Inquiry and accused the reports of authors of being "Hamas proxies". [10] [3] Commission chair Navi Pillay said of the Israeli response: "I wish they would tell us where we went wrong on these facts, or just cooperate with us." [8]

Norway

On 16 September 2025, Norwegian Minister of Foreign Affairs Espen Barth Eide released a statement stating "we take the findings of the report very seriously," pledging to investigate its findings and recommendations and "follow up on them in our further policy development." [11]

Palestine

The Palestinian Ministry of Foreign Affairs (controlled by the Palestinian Authority, not Hamas) released an official statement calling on the international community to act to prevent genocide "without delay" and on states to take "practical and decisive measures to stop the ongoing genocide, provide international protection for the Palestinian people, end all forms of military and political support to Israel... and impose sanctions on it." The ministry suggested "international silence" on the issue "places the international community in a position of complicity." [12]

South Africa

South Africa urged all states to comply with the report's recommendations. President Cyril Ramaphosa referenced the report's finding of genocide in the general debate of the eightieth session of the United Nations General Assembly. [13] [14]

United Kingdom

The UK government said that the determination as to whether Israel's actions constitute genocide was up to a court, though it stated that "Israel's actions are appalling". [3]

References

  1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Legal analysis of the conduct of Israel in Gaza pursuant to the Convention on the Prevention and Punishment of the Crime of Genocide (PDF). OHCHR (Conference room paper). A/HRC/60/CRP.3. Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel (Human Rights Council). 16 September 2025. Retrieved 27 September 2025.
  2. ↑ Nicholls, Catherine (2025-09-16). "UN commission says Israel is committing genocide in Gaza". CNN . Retrieved 2025-09-16.
  3. 1 2 3 4 5 6 "Israel has committed genocide in Gaza, UN commission of inquiry says". BBC News . 2025-09-16. Retrieved 2025-09-16.
  4. ↑ "Israel has committed genocide in the Gaza Strip, UN Commission finds". OHCHR. Office of the United Nations High Commissioner for Human Rights. 16 September 2025. Retrieved 28 September 2025.
  5. ↑ "Convention on the Prevention and Punishment of the Crime of Genocide". OHCHR . 9 December 1948. Archived from the original on 13 April 2022. Retrieved 18 April 2022.
  6. 1 2 "Israel has committed genocide in the Gaza Strip, UN Commission finds". OHCHR . Retrieved 2025-09-16.
  7. ↑ "Ofensiva terrestre israelense contra a Cidade de Gaza, Estado da Palestina" [Israeli ground offensive against Gaza City, State of Palestine]. Ministério das Relações Exteriores (Itamaraty) (in Portuguese). Government of Brazil. 16 September 2025. Retrieved 28 September 2025.
  8. 1 2 3 Farge, Emma (16 September 2025). "UN inquiry finds top Israeli officials incited genocide in Gaza". Reuters. Archived from the original on 18 September 2025. Retrieved 2 October 2025.
  9. ↑ Keaten, Jamey (17 September 2025). "UN commission of inquiry accuses Israel of genocide in Gaza and urges global action". AP News. Retrieved 28 December 2025.
  10. ↑ Mohamed, Edna. "UN inquiry says Israel's war on Gaza is genocide, holds gov't responsible". Al Jazeera. Retrieved 2025-12-10.
  11. ↑ "Statement from Foreign Minister Eide on report on Gaza". Government.no. Ministry of Foreign Affairs (Norway). 16 September 2025. Retrieved 28 September 2025.
  12. ↑ "Official Statement: Palestinian Ministry of Foreign Affairs Welcomes Report of the UN Independent International Commission of Inquiry on the Genocide in Gaza" (PDF). General Delegation of Palestine to Australia, Aotearoa New Zealand and the Pacific. Ministry of Foreign Affairs and Expatriates (State of Palestine). 16 September 2025. Retrieved 28 September 2025.
  13. ↑ "Statement by President Cyril Ramaphosa on the occasion of the General Debate of the 80th Session of the United Nations General Assembly". Department of International Relations and Cooperation (South Africa). 23 September 2025. Retrieved 27 September 2025.
  14. ↑ "Statement by His Excellency President Cyril Ramaphosa during the High-Level International Conference on the Two-State Solution (UN General Assembly)". The Presidency (South Africa). 21 September 2025. Retrieved 27 September 2025.

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