The Independent International Commission of Inquiry on the Occupied Palestinian Territory of the Human Rights Council of the United Nations has concluded that the military campaign of Israel in the Gaza Strip constitutes genocide. The unprecedented declaration, released on 16 September 2025, names senior Israeli leaders as responsible and places both political and legal consequences before the international community.
An Independent Commission of Inquiry of the United Nations Concludes Gaza Campaign by Israel Meets Genocide Standard
Several state and non-state actors have weighed in to the ongoing situation in the Gaza Strip due to the ongoing military campaign of Israel against Hamas. For example, on 22 August 2025, famine has been officially declared in the area based on the Integrated Food Security Phase Classification. The U.N. General Assembly also announced the New York Declaration on 13 September 2025 to back the two-state solution for the Israel-Palestine Conflict.
Background of the Investigation
The Human Rights Council established the Commission of Inquiry through Resolution A/HRC/S-30/L.1 on 27 May 2021. The resolution emerged from a special session convened in response to escalating violence across the Near East areas of Gaza, East Jerusalem, and Israel. The mandate of the Commission extends to all violations since 13 April 2021.
Chaired by Navi Pillay, former United Nations High Commissioner for Human Rights, alongside commissioners Miloon Kothari and Chris Sidoti, the purpose of the Commission is not limited to investigating single events but also to examining systemic drivers of conflict, including occupation policies, structural discrimination, and accountability gaps.
The Commission has been tasked to report annually to both the Human Rights Council in Geneva and the U.N. General Assembly in New York since its inception. The first formal report was submitted in June 2022, followed by broader reporting to the General Assembly in September 2022. The latest investigation results were announced to the media.
Data collection involved interviews with victims and witnesses, satellite image analysis, collection of open-source evidence, and official statements and policy documents review. Israel has refused to cooperate formally. Despite this, the Commission has preserved evidence in accordance with international standards to enable future legal proceedings.
Findings of the Investigations
The September 2025 report represents the first time a U.N. investigative body has declared that the military campaign of Israel in the Gaza Strip is genocide. It asserts that Israeli authorities acted with the intent to destroy Palestinians in Gaza, in whole or in part, under the Genocide Convention framework. The following are the specific findings:
• Killing Members of the Group: The report cites large-scale deaths of civilians, including thousands of children, caused by wide-impact munitions and indiscriminate bombardments across residential neighborhoods, schools, and refugee shelters.
• Causing Serious Bodily or Mental Harm: Investigators found evidence of physical injuries, psychological trauma, and widespread mental harm inflicted on Gaza residents through continuous bombardment and displacement.
• Inflicting Destructive Conditions of Life: The report also cites that siege conditions, including restrictions on food, water, electricity, and medical supplies, were deliberately designed to bring about physical destruction of the population.
• Preventing Births Within the Group: Investigators also noted that the destruction of maternity wards, fertility clinics, and reproductive health facilities impaired reproductive capacity, constituting measures to prevent births.
• Incitement Through Official Statements: The statements of Prime Minister Netanyahu, President Herzog, and former Defense Minister Yoav Gallant were cited as evidence of genocidal intent by framing operations as annihilator campaigns.
Note that the Convention on the Prevention and Punishment of the Crime of Genocide, adopted by the U.N. in 1948, defines genocide as specific acts committed with the intent to destroy national, ethnical, racial, or religious groups. These acts include killings, serious harm, destructive living conditions, prevention of births, and forcible transfer of children.
The findings above link Israeli actions to 4 of these 5 acts. Civilian deaths, displacement, siege conditions, and attacks on reproductive health facilities demonstrate genocidal conduct. Dehumanizing statements by senior leaders provide evidence of intent. By naming state officials, the report underscores both state and individual responsibility.
Reaction and Implications
The Foreign Ministry of Israel scorned the findings. He described the report as fabricated and dependent on falsehoods attributed to Hamas. Ambassador Daniel Meron in Geneva labeled the inquiry a scandalous and libelous exercise. Officials from the government of Israel reiterated the demands for the abolition of the Commission of Inquiry.
Note that the conclusions of the Commission have legal significance. The report establishes state responsibility and boosts grounds for individual criminal accountability under international law by naming state agents such as Netanyahu, Herzog, and Gallant. This could influence proceedings at the International Criminal Court and the International Court of Justice.
Diplomatic reactions have been mixed. Supporters of Palestinian rights hailed the declaration as an overdue acknowledgment of systematic destruction in Gaza, while key Israeli allies criticized the inquiry as politically motivated. The divergence of views illustrates the difficulty of translating legal determinations into enforceable international action.
The investigation elevates pressure on governments to reconsider arms transfers, humanitarian aid policies, and diplomatic strategies regarding Israel. While not binding in itself, the finding of genocide alters the international discourse, pushing the conflict from a humanitarian crisis narrative toward one of the gravest crimes recognized under international law.
FURTHER READINGS AND REFERENCES
- Independent International Commission of Inquiry on the Occupied Palestinian Territory. 16 September 2025. Legal Analysis of the Conduct of Israel in Gaza Pursuant to the Convention on the Prevention and Punishment of the Crime of Genocide. Human Rights Council. Available via PDF
- United Nations Office of the High Commissioner on Human Rights. 16 September 2025. “Israel Has Committed Genocide in the Gaza Strip, UN Commission Finds.” Media Center. United Nations Office of the High Commissioner on Human Rights. Available online
- United Nations News. 16 September 2025. “Gaza: Top Independent Rights Probe Alleges Israel Committed Genocide.” United Nations News. United Nations Available online
Photo Credit: Jaber Jehad Badwan / Forced Displacement of Gaza Strip Residents During the Gaza-Israel War 23-25 / 29 January 2025 / Adapted / CC BY-SA 4.0
