On September 16, 2025, the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel released its most consequential report to date. Mandated by the UN Human Rights Council in May 2021, the Commission was tasked with investigating violations of international humanitarian law and human rights law since April 2021. While its earlier reports had already detailed crimes against humanity and war crimes, this new publication went further: it concluded that Israel has committed genocide in Gaza since October 2023.

Background to the Inquiry

The Commission has been gathering and analysing evidence since its creation. Between 2021 and 2025, it published multiple reports and conference room papers documenting violations committed by all parties. Yet the atrocities unleashed in Gaza after October 7, 2023 formed the central focus of this latest report. Restricting its scope to events between October 2023 and July 2025 in Gaza, the Commission examined whether the actions of Israeli authorities and security forces fulfilled both the actus reus (the physical acts) and mens rea (the intent) required for the crime of genocide under the Rome Statute and the Genocide Convention.

Israel's genocidal intent. Courtesy: OHCHR

Crimes Identified Before the Genocide Finding

In its earlier findings, the Commission had determined that Israeli forces committed crimes against humanity and war crimes in Gaza, including extermination, torture, rape and sexual violence, inhumane treatment, forcible transfer, persecution based on gender, and the starvation of civilians as a method of warfare. It also documented measures aimed at preventing Palestinian births and conditions of life deliberately calculated to bring about the physical destruction of Palestinians as a group. These were recognised as underlying acts of genocide. The September 2025 report builds on this body of evidence, moving decisively to address the question of state responsibility for genocide.

AFP file photo

The Commission's Determination of Genocide

The Commission concluded, on reasonable grounds, that the Israeli authorities and security forces have committed and continue to commit the following genocidal acts in Gaza:

1. Killing members of the group – indiscriminate bombings, targeted assassinations, and large-scale destruction have resulted in mass civilian deaths.
2. Causing serious bodily or mental harm – widespread injuries, psychological trauma, and deliberate infliction of suffering were identified.
3. Inflicting conditions of life designed to destroy the group – systematic deprivation of food, water, shelter, and healthcare, combined with forced displacement, amounted to creating conditions incompatible with survival.
4. Imposing measures intended to prevent births – the destruction of reproductive healthcare infrastructure and policies obstructing childbirth and maternal health were noted.

These findings were reinforced by both direct and circumstantial evidence of intent. The Commission emphasised that genocidal intent was the only reasonable inference that could be drawn from the totality of the evidence.

Incitement and Genocidal Intent

A particularly striking section of the report focused on incitement to genocide. The Commission named Israeli President Isaac Herzog, Prime Minister Benjamin Netanyahu, and then Defence Minister Yoav Gallant as having incited genocide. It noted the failure of Israeli authorities to act against such incitement. Other ministers, including Itamar Ben-Gvir and Bezalel Smotrich, were flagged for further assessment.

The Commission also found that public statements by Israeli leaders provided direct evidence of genocidal intent. Moreover, the consistent pattern of conduct by Israeli forces was considered circumstantial evidence of intent. The combination of rhetoric and actions pointed to a sustained policy to destroy, in whole or in part, the Palestinian population of Gaza.

Responsibility of the State of Israel

The Commission held Israel responsible not only for committing genocide but also for failing to prevent it and failing to punish it. Importantly, while this analysis was geographically limited to Gaza, the Commission cautioned that the same intent to destroy Palestinians as a whole might extend to the West Bank, including East Jerusalem, and even to earlier periods of repression.

The report also highlighted the relevance of proceedings at the International Court of Justice (ICJ), where South Africa has accused Israel of genocide. While the ICJ has yet to make a final determination, the Commission considered it vital to provide its own assessment and recommendations under the Genocide Convention.

Recommendations to Israel

The Commission issued urgent recommendations to the Government of Israel, including:

• Immediately halting genocidal acts and complying with ICJ provisional measures.
• Implementing a permanent ceasefire in Gaza.
• Allowing unrestricted humanitarian access and restoring UN and aid agencies' operations.
• Ending starvation policies and ensuring large-scale distribution of food, water, medicine, and other essentials.
• Facilitating medical evacuation and access for emergency medical teams.
• Allowing the Commission itself unhindered access to continue investigations.
• Investigating and prosecuting perpetrators of genocide and incitement within its jurisdiction.

Recommendations to Other States

The report did not limit accountability to Israel alone. It urged all UN Member States to:

• Employ all means available to prevent genocide in Gaza.
• Halt arms transfers and related supplies to Israel.
• Investigate and prosecute individuals or corporations implicated in genocide or incitement.
• Impose sanctions on Israel and entities enabling genocidal acts.
• Cooperate with the International Criminal Court (ICC) investigations.

This emphasis underscored that genocide prevention is a collective responsibility, not merely a matter for the perpetrating state.

Recommendations to the International Criminal Court

The Commission further recommended that the ICC Prosecutor:

• Examine genocide charges within the ongoing Palestine investigation.
• Amend existing arrest warrants or issue new ones to include genocide.
• Consider holding Israeli officials most responsible for international crimes to account.

Wider Implications

The report situates the Gaza genocide within decades of occupation and repression, describing it as part of an ideology of removal and replacement of Palestinians. It warns that the atrocities in Gaza cannot be seen in isolation but are linked to broader patterns across the occupied Palestinian territories. The conclusions thus deepen the legal, political, and moral crisis surrounding Israel's actions, challenging the international community to respond decisively.

Conclusion

The UN Commission of Inquiry's September 2025 report is the most authoritative finding yet that genocide is being committed against Palestinians in Gaza. It names state responsibility, identifies genocidal intent, documents acts of extermination and starvation, and calls for urgent global action. Whether the international community heeds these recommendations will be decisive for the future of international law and, more immediately, for the survival of the Palestinian people in Gaza.

Samia Huda is a contributor to the Slow Reads, The Daily Star.