Commission of Inquiry: Israeli authorities and Israeli security forces have committed and are continuing to commit genocide against the Palestinians in the Gaza Strip – Report (A/HRC/60/CRP.3)

 

16 September 2025

A/HRC/60/CRP.3

Human Rights Council

Sixtieth session

 Legal analysis of the conduct of Israel in Gaza pursuant to the Convention on the Prevention and Punishment of the Crime of Genocide

 Conference room paper of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel

The complete report is available below as a pdf or via this link.

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VII. Conclusions

  1. The Commission’s analysis in this report relates solely to the determination of genocide under the Genocide Convention as it relates to the responsibility of the State of Israel both for the failure to prevent genocide, for committing genocide against the Palestinians in Gaza since October 2023 and for the failure to punish The Commission also notes that, while its analysis is limited to the Palestinians specifically in Gaza during the period since 7 October 2023, it nevertheless raises the serious concern that the specific intent to destroy the Palestinians as a whole has extended to the rest of the occupied Palestinian territory, that is, the West Bank, including East Jerusalem, based on Israeli authorities’ and Israeli security forces’ actions therein, and to the period before 7 October 2023. The events in Gaza since 7 October 2023 have not occurred in isolation, as the Commission has noted. They were preceded by decades of unlawful occupation and repression under an ideology requiring the removal of the Palestinian population from their lands and its replacement.
  2. The Commission concludes on reasonable grounds that the Israeli authorities and Israeli security forces have committed and are continuing to commit the following actus reus of genocide against the Palestinians in the Gaza Strip, namely (i) killing members of the group; (ii) causing serious bodily or mental harm to members of the group; (iii) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and (iv) imposing measures intended to prevent births within the group.
  3. On incitement to genocide, the Commission concludes that Israeli President Isaac Herzog, Prime Minister Benjamin Netanyahu and then Defence Minister Yoav Gallant, have incited the commission of genocide and that Israeli authorities have failed to take action against them to punish this The Commission has not fully assessed statements by other Israeli political and military leaders, including Minister for National Security Itamar Ben-Gvir and Minister for Finance Bezalel Smotrich, and considers that they too should be assessed to determine whether they constitute incitement to commit genocide.
  4. On the mens rea of genocide, the Commission concludes that statements made by Israeli authorities are direct evidence of genocidal In addition, the Commission concludes that the pattern of conduct is circumstantial evidence of genocidal intent and that genocidal intent was the only reasonable inference that could be drawn from the totality of the evidence. Thus, the Commission concludes that the Israeli authorities and Israeli security forces have had and continue to have the genocidal intent to destroy, in whole or in part, the Palestinians in the Gaza Strip.
  5. The Commission concludes that the State of Israel bears responsibility for the failure to prevent genocide, the commission of genocide and the failure to punish genocide against the Palestinians in the Gaza Strip.

 VIII. Recommendations

256. The Commission recommends that the Government of Israel:

  • Immediately end the commission of genocide in the Gaza Strip and comply fully with the provisional measures of the International Court of Justice in its orders of 26 January, 28 March and 24 May 2024;
  • Immediately implement a complete permanent ceasefire in Gaza and end all military operations in the occupied Palestinian territory that involve the commission of genocidal acts;
  • Restore, allow and ensure unhindered access of all United Nations staff, including UNRWA international staff, and all international agencies coordinating or providing humanitarian aid in the occupied Palestinian territory, including East Jerusalem;
  • Immediately end its policy on starvation and end the distribution of food aid through the Gaza Humanitarian Foundation;
  • Ensure full, unimpeded access of humanitarian aid at scale and through multiple distribution points throughout the Gaza Strip, including food, clean water, medical equipment and medicine to all areas of Gaza through a UN-led humanitarian response;
  • Allow, facilitate and ensure unhindered medical evacuation of Palestinians from Gaza to third States;
  • Allow, facilitate and ensure the unhindered access to Gaza by emergency medical teams;
  • Allow the Commission access to Israel and the occupied Palestinian territory, including East Jerusalem, to continue its investigations;
  • Investigate and punish the commission of genocide and incitement to genocide against the Palestinian population in the Gaza Strip.
  1. The Commission recommends that all Member States:
  • Employ all means reasonably available to them to prevent the commission of genocide in the Gaza Strip;
  • Cease the transfer of arms and other equipment or items, including jet fuel, to the State of Israel or third States where there is reason to suspect their use in military operations that have involved or could involve the commission of genocide;
  • Ensure individuals and corporations in their territories and within their jurisdiction are not involved in the commission of genocide, aiding and assisting the commission of genocide or incitement to commit genocide and investigate and prosecute those who may be implicated in these crimes under international law;
  • Facilitate the investigations and domestic proceedings and take action (including imposing sanctions) against the State of Israel and against individuals or corporations that are involved in or facilitating the commission of genocide or incitement to commit genocide;
  • Cooperate with the investigation of the Office of the Prosecutor of the International Criminal Court.
  1. The Commission recommends that the Prosecutor of the International Criminal Court:
  • Examine, within its continuing investigation in the Situation in the State of Palestine, the crime of genocide for amendment to existing arrest warrants and addition to future application for arrest warrants;
  • Examine the involvement of officials mentioned in this report for inclusion as those most responsible for international crimes committed in the occupied Palestinian territory.

Read the press release:

To learn more about Special Procedures of the UN Human Rights Council and the Question of Palestine, click here to visit the dedicated webpage.

 


2025-09-17T15:10:40-04:00

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