Israel is committing genocide in Gaza, human rights experts say

A team of independent experts commissioned by the United Nations’ Human Rights Council has concluded that Israel is committing genocide in Gaza.

The findings by the three-member team are the latest accusations of genocide against Prime Minister Benjamin Netanyahu’s government as Israeli carries on with its war against Hamas that has killed tens of thousands of people.

The Commission Of Inquiry On The Occupied Palestinian Territory And Israel, which was created four years ago, has repeatedly documented alleged human rights abuses and violations since the deadly October 7 2023 attacks by Hamas.

While neither the commission nor the 47-member-country council that it works for within the UN system can take action against a country, the findings could be used by prosecutors at the International Criminal Court or the UN’s International Court of Justice.

The report also amounts to a final message from the team headed by former UN rights chief Navi Pillay. All three of its members announced in July that they would resign, citing personal reasons and a need for change.

The team was commissioned by the Human Rights Council (HRC), the UN’s top human rights body, but it does not speak for the United Nations.

Israel has refused to cooperate with the commission and has accused it and the HRC of anti-Israel bias. Earlier this year, the Trump administration, a key Israeli ally, pulled the United States out of the council.

Analysis

After a painstaking legal analysis, the commission said Israel had committed four of the five “genocidal acts” defined under an international convention adopted in 1948 known colloquially as the “Genocide Convention”.

“The Commission finds that Israel is responsible for the commission of genocide in Gaza,” said Ms Pillay, the commission chairwoman. “It is clear that there is an intent to destroy the Palestinians in Gaza through acts that meet the criteria set forth in the Genocide Convention.”

Ms Pillay, a former UN human rights chief, said “responsibility for the atrocity crimes lies with Israeli authorities at the highest echelons” over the nearly two-year war.

Her commission concluded that Mr Netanyahu, as well as Israeli President Isaac Herzog and former defense minister Yoav Gallant, had incited the commission of genocide. It has not assessed whether other Israeli leaders had done so too.

Israel, which was founded in the aftermath of the Holocaust, has adamantly rejected genocide allegations against it as an antisemitic “blood libel”.

Israel’s Foreign Ministry issued an angry response on Tuesday, saying it “categorically rejects this distorted and false report”.

“Three individuals serving as Hamas proxies, notorious for their openly antisemitic positions — and whose horrific statements about Jews have been condemned worldwide — released today another fake ‘report’ about Gaza,” it said.

Genocide accusations are especially sensitive in Israel, which was founded as a haven for Jews in the wake of the Holocaust and where memories of the Holocaust still play an important role in the country’s national identity.

International silence

In coming to its conclusion of genocide, the commission said it pored over the conduct of Israeli security forces and “explicit statements” by Israeli civilian and military authorities, among other criteria.

In particular, the experts cited as factors the death toll, Israel’s “total siege” of Gaza and blockade of humanitarian aid that has led to starvation, a policy of “systematically destroying” the healthcare system, and direct targeting of children.

The commission urged other countries to halt weapons transfers to Israel and block individuals or companies from actions that could contribute to genocide in Gaza.

“The international community cannot stay silent on the genocidal campaign launched by Israel against the Palestinian people in Gaza,” said Ms Pillay, who is a South African jurist. “When clear signs and evidence of genocide emerge, the absence of action to stop it amounts to complicity.”

The current UN high commissioner for human rights, Volker Turk, has decried Israel’s conduct of the war in Gaza and spoken out forcefully against alleged crimes, but has not accused Israel of carrying out genocide.

His office, alluding to international law, has argued that only an international court can make a final, formal determination of genocide. Critics counter that could take years and insist that thousands of people, many of them civilians, are being systematically killed in Gaza in the meantime.

The International Court of Justice is hearing a genocide case filed by South Africa against Israel.