Israel has committed genocide in Gaza, a two-year United Nations probe has found.
The investigation, carried out by the United Nations Independent International Commission of Inquiry, concluded that Israel had âflagrantly disregardedâ international law and âorchestrated a genocidal campaign for almost two years nowâ.
This marks the first time a UN body has reached such a conclusion, and is âthe strongest and most authoritative UN finding to dateâ, its authors have said.
The Israeli foreign ministry dismissed the publication as an âantisemitic… distorted and false reportâ adding that Hamasâs 7 October 2023 attack, which sparked this conflict, was itself âattempted genocideâ.
In its 72-page report, the UN Commission found that Israel has committed four of the five genocidal acts defined by the 1948 Genocide Convention since October 2023.
The Commission also concluded that Israeli President Isaac Herzog, Prime Minister Benjamin Netanyahu, and then Defence Minister Yoav Gallant have incited the commission of genocide.
It warned that UN member states could face legal consequences if they fail to act.
âIt 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,â said Navi Pillay, the chair of the commission and a South African jurist who serve as the UN High Commissioner for Human Rights until 2014.
âThe responsibility for these atrocity crimes lies with Israeli authorities at the highest echelons, who have orchestrated a genocidal campaign for almost two years now with the specific intent to destroy the Palestinian group in Gaza,â Pillay added.
âThe Commission finds that the Israeli authorities had no intention to change their course of action. On the contrary, Israeli authorities have persisted and continued with their genocidal campaign in Gaza for almost two years.â
She urged Israel to end the genocide in Gaza and comply fully with the orders for provisional measures of the International Court of Justice.
The Commission said its findings are based on extensive evidence of systematic and unprecedented killings, the destruction of homes and cultural sites, deliberate starvation, denial and destruction of the healthcare system, sexual and gender-based violence, and the direct targeting of children.
It comes on the heels of a report published by the largest professional organisation of scholars studying genocide, which also concluded that Israel is committing genocide. Several international, Palestinian and Israeli organisations, including Amnesty International, have published similar findings.
In response to Tuesdayâs report, Israeli foreign ministry called for the Commission to be abolished, and claimed the report relied on Hamas falsehoods, âlaundered and repeated by othersâ.
In August, Prime Minister Benjamin Netanyahu rejected the accusation that Israel is committing genocide in Gaza. At a meeting with Israeli reporters, Israeli media said he remarked:
âIf we had wanted to commit genocide, it would have taken exactly one afternoon.â
Genocide was codified in a 1948 convention drawn up after the horrors of the Holocaust. It defines genocide as acts âcommitted with intent to destroy, in whole or in part, a national, ethnical, racial or religious groupâ.
It outlines five genocidal acts as, killing members of the group, causing serious bodily or mental harm, deliberately inflicting conditions of life calculated to bring about the groupâs physical destruction, imposing measures intended to prevent births and forcibly transferring children of the group to another group.
The UN Commissionâs report concludes that since October 2023 Israel has committed four of the five.
They cite the massive bombardment of Gaza that has killed over 64,000 people according to Palestinian health authorities, the forced displacement of most of the two million strong population, the destruction of the healthcare system, the blocking of essential aid, food, water, and electricity that has led to famine.
The commission also refers the âuse of starvation as a weaponâ, along with torture, rape and sexual assault of Palestinian detainees, and environmental destruction.
The report also specifically cites the December 2023 bombing of the Al Basma IVF Centre, Gazaâs largest fertility clinic. The attack reportedly destroyed 4,000 embryos and 1,000 sperm samples and unfertilised eggs. This, the Commission said, constituted a measure intended to prevent births among Palestinians in Gaza.
Many western countries, including the UKâan arms supplier to Israelâhave said that only a court can rule on whether genocide has been committed. A case against Israel is currently before the UNâs highest court, the International Court of Justice.
Foreign Secretary David Lammy set out the UK governmentâs position in a 1 September letter to the Foreign Affairs Select Committee, where he stated that the government âhas carefully considered the risk of genocide, including when permitting exports to the F-35 [fighter jet] global programme.â
He acknowledged that the high civilian casualties, particularly among women and childre, and the extensive destruction in Gaza are âutterly appallingâ, and said Israel must do much more to prevent and alleviate the suffering caused by the conflict. But stopped short of declaring genocide.
âAs per the Genocide Convention, the crime of genocide occurs only where there is specific intent to destroy, in whole or in part, a national, ethnic, racial or religious group.
âThe Government has not concluded that Israel is acting with that intent,â he wrote, adding that the UK is waiting for the findings from the ICJ.
The Independent also contacted the Foreign, Commonwealth and Development Office (FCDO) to ask whether the new UN Commission report might change the UKâs position, but has yet to receive a response.
The UN body urges Israel to end the commission of genocide and implement a complete permanent ceasefire in Gaza, as well as allowing unfettered access of aid to Gaza.
It urged foreign states to employ all means reasonably available to them to prevent the commission of genocide in Gaza, and to cease the transfer of arms to Israel.
