Opinion as of August 12, 2025

Is What’s Happening in Gaza Genocide?

The legal definition
Under the Genocide Convention, genocide means:

1. Acts like killing, causing serious harm, or creating life conditions meant to destroy a national, ethnic, racial, or religious group; plus

2. Specific intent to destroy that group, in whole or in part.

What the courts have said so far

• ICJ (World Court) – In South Africa v. Israel, the Court did not rule genocide is happening, but found a plausible risk of genocidal acts and ordered Israel to:

  • Prevent such acts

  • Allow more humanitarian aid

  • Stop incitement to commit genocide
    These are emergency measures, not a final ruling.

• ICC (Criminal Court) – The Prosecutor has sought arrest warrants for Israeli leaders for war crimes and crimes against humanity (including starvation as a weapon). This is separate from genocide charges.

Facts pushing it toward the “genocide” line

• Mass civilian deaths – Over 60,000 Palestinians reported killed, many women and children.

• Destructive living conditions – UN reports famine-level deprivation, child deaths from malnutrition, and aid far below survival needs.

• Patterns of conduct – Ongoing strikes in civilian-heavy areas and restricted aid delivery despite court orders.

The sticking point
The key unresolved question is specific intent — whether the goal is to destroy Palestinians as such or, as Israel claims, to destroy Hamas while minimizing civilian harm. Courts often infer intent from patterns, policies, and rhetoric — but this is still under litigation.

Bottom line

• Already established: Alleged war crimes and crimes against humanity.

• ICJ finding: Plausible risk of genocide, urgent prevention measures ordered.

• Not yet decided: Final ruling on genocide — hinges on proving intent to destroy the group.

• Human reality: Civilian death toll, destruction, and deprivation are at levels many scholars say are perilously close to meeting the legal definition.