Legal analysis of the conduct of Israel in Gaza pursuant to the Convention on the Prevention and Punishment of the Crime of Genocide | |
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Presented | 16 September 2025 |
Location | Geneva, Switzerland, United Nations Human Rights Council's 60th session; Also available online |
Author(s) | Independent International Commission of Inquiry on the Occupied Palestinian Territory |
Purpose | Determine 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 Genocide Convention [1] |
On 16 September 2025, the United Nations Human Rights Council released a report that has been characterized as the strongest and most authoritative UN determination to date on the Gaza war, concluding Israel is failing to prevent and is actively committing genocide against Palestinians. [2] [3] The report found Israel guilty of committing four out of five acts specified in Article 2 of the Genocide Convention and called for genocide charges to be added to the ICC arrest warrants for Israeli leaders. [1]
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" through acts such as (a) murder, (b) inflicting serious bodily or mental harm, (c) inflicting conditions of life calculated to destroy the group, (d) imposing measures intended to prevent births, and (e) forcibly transferring children of the group to another group. [4]
The Commission concludes Israel engaged in four out of five of these acts—all except forcibly transferring children. [1] The Commission further determined, citing statements by senior Israeli officials and the pattern of conduct of Israeli forces, that genocidal intent is the only reasonable inference from the totality of evidence, and that Israeli political and military leaders have incited the commission of genocide. [3] [5]
The Commission categorized examined evidence into one of the four relevant acts under Article 2 of the Genocide Convention.