Israel Committed Genocide, which is a Fact. What is Now? 

Israel reports a death ratio of one militant to two civilians, which is higher than the Hamas-run health Ministry in Gaza.

Dr Pamelia Riviere

The Independent International Commission of Inquiry on the Occupied Palestinian Territory, established by the UN Human Rights Council in 2021, investigates violations of international humanitarian and human rights law. The panel is chaired by Navi Pillay, a former UN human rights chief, alongside Chris Sidoti and Miloon Kothari. The commission has found that on 7 October 2023, both Hamas and other Palestinian groups committed war crimes, while Israeli security forces engaged in crimes against humanity and war crimes in Gaza. “Battle Lines” is the Telegraph's podcast focusing on Defence and Foreign Affairs. In a bonus episode, Chris Sidoti, one of the co-authors and a recognized expert in human rights law, shares insights on a significant recent development regarding the situation in Gaza.  Chris Sidoti, an Australian authority on international human rights law, has served as a Human Rights Commissioner and has held various prestigious positions, including a role at the Australian Law Reform Commission.

 In his conversation with the Telegraph, he discusses the UN’s groundbreaking report that, for the first time, accuses Israel of committing genocide in Gaza. During the episode, host Venetia Rainey and reporter Lilia Sebouai explore the report's key findings, the methodology used to reach these conclusions, and specific instances that illustrate alleged acts of genocide and intent by Israel in Gaza.  They also address the criticisms surrounding the report, the credibility of its authors, and the broader implications for the UN, including Israel’s claims of antisemitism.

Israel has committed genocide in Gaza

To describe the details, the author relies heavily on the UN Commission report.

 The United Nations commission of inquiry has stated that Israel has committed genocide against Palestinians in Gaza. This report focuses solely on determining genocide under the Genocide Convention concerning the responsibilities of the State of Israel. It addresses Israel's failure to prevent genocide, its actions in committing genocide against the Palestinians in Gaza since October 2023, and its failure to punish those responsible.

The Commission highlights concern about the intent to destroy Palestinians as a whole, extending beyond Gaza to the West Bank and East Jerusalem, based on the actions of Israeli authorities before and after October 7, 2023.

 According to the UN Commission, "The events in Gaza since October 7, 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."

How to Determine Genocide in Gaza 

The Commission concludes, based on reasonable grounds, that the Israeli authorities and Israeli security forces have committed and continue to commit the following acts constituting genocide against the Palestinians in the Gaza Strip: (i) the killing of members of the group; (ii) causing serious bodily or mental harm to members of the group; (iii) deliberately inflicting conditions of life calculated to bring about the physical destruction of the group, in whole or in part; and (iv) imposing measures intended to prevent births within the group. 

Regarding incitement to genocide, the Commission finds that Israeli President Isaac Herzog, Prime Minister Benjamin Netanyahu, and former Defence Minister Yoav Gallant have incited acts of genocide, and the Israeli authorities have failed to take action to hold them accountable. The Commission has not fully evaluated statements made by other Israeli political and military leaders, including Minister for National Security Itamar Ben-Gvir and Minister for Finance Bezalel Smotrich, and believes that their statements should also be scrutinized to determine if they amount to incitement to commit genocide.

However, Israel's foreign ministry categorically rejected the report, denouncing it as "distorted and false," BBC reported. 

Conclusion of the report

The UN Commission concludes that statements made by Israeli authorities are direct evidence of genocide. 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.

The Commission claims that the State of Israel bears responsibility for the failure to prevent genocide. 

Recommendations from the UN Commission

The UN Commission has presented several recommendations directed at both the Government of Israel and Member States in response to the ongoing situation in the Gaza Strip: 

Recommendations for the Government of Israel: 1. The Commission urges the Government of Israel to halt actions considered genocidal in the Gaza Strip immediately and to fully comply with the provisional measures outlined by the International Court of Justice on January 26, March 28, and May 24, 2024. 2. A complete and permanent ceasefire in Gaza is recommended, along with an end to all military operations in the occupied Palestinian territories that may involve acts categorized as genocide. 3. The Commission calls for the restoration and assurance of unhindered access for all United Nations personnel, including staff from UNRWA, and all international agencies involved in providing humanitarian aid in the occupied Palestinian territories, including East Jerusalem. 4. There is a recommendation to end the policy of starvation and to cease the distribution of food aid through the Gaza Humanitarian Foundation. 5. It is suggested that Israel ensure comprehensive access to humanitarian aid across multiple distribution points in the Gaza Strip. This includes the provision of food, clean water, medical supplies, and medicines to all areas of Gaza via a UN-led humanitarian response. 6. The Commission also requests the facilitation of unhindered medical evacuations for Palestinians from Gaza to third states and the access of emergency medical teams to the region. 7. Furthermore, the recommendation includes allowing Commission investigators access to Israel and the occupied Palestinian territories, including East Jerusalem, to continue their investigations into the situation. 8. Investigations into genocidal acts and incitement to genocide against the Palestinian population in the Gaza Strip are also called for, with accountability measures suggested for those responsible. 

Recommendations for Member States: 1. All Member States are urged to employ available means to prevent any actions categorized as genocide in the Gaza Strip. 2. There is a consensus that Member States should cease the transfer of arms and other military equipment to Israel or other states where there is a risk that they may be used in military operations involving acts of genocide. 3. States are encouraged to ensure that individuals and corporations within their jurisdiction do not partake in genocidal actions or assist in genocidal activities, and to investigate and prosecute any implicated parties. 4. Member States should facilitate investigations and domestic proceedings while considering sanctions against the State of Israel and individuals or corporations involved in actions related to genocide or incitement. 5. Cooperation with the International Criminal Court's Office of the Prosecutor in its investigations is also recommended. 

Recommendations for the Prosecutor of the International Criminal Court: 1. The Prosecutor is advised to examine the ongoing investigation in the Situation in the State of Palestine, particularly the crime of genocide, to amend existing arrest warrants and consider additional future warrants. 2. It is suggested that the involvement of officials mentioned in this report be reviewed for accountability regarding international crimes committed in the occupied Palestinian territories. These recommendations aim to address the humanitarian crisis and uphold the principles of international law in the region. 

Why does the Palestinian Health Ministry report so few civilian casualties? What is the hidden agenda?

On October 28, 2024, Matthew Ghobrial Cockerill released an article titled "Civilian casualties in Gaza: Israel's claims don't add up." In this piece, he disputes Israel's claim that about half of the casualties in the ongoing conflict in Gaza are combatants, arguing that only half of the fatalities are civilians. Several notable individuals, such as John Spencer from the Modern War Institute, journalist Eli Lake, social media influencer Brianna Wu, and both current and former Israeli Prime Ministers Benjamin Netanyahu and Naftali Bennett, have supported this viewpoint. Cockerill highlights the necessity of examining this assertion closely. 

A study performed by Action on Armed Violence (AOAV) indicates that at least 74% of the 40,717 deaths reported by the Gaza Ministry of Health are civilians. This estimate suggests that the percentage of civilian fatalities might be even greater than what has been reported. Reflecting on casualty proportions, former Prime Minister Naftali Bennett noted that in Gaza, the casualty rate is approximately one civilian killed for every combatant, while in Iraq, the U.S. military's ratio was three civilians for every combatant.

 Bennett's claim that the Gaza conflict's ratio is 1:1 prompts inquiries about the assertions regarding the number of Hamas fighters involved. Before the escalation, it was estimated that Hamas had around 30,000 fighters, and current conservative estimates propose that the death toll is at least 60,000. Cockerill contends that if there are no remaining Hamas fighters, then the situation and statistics seem contradictory. While Israel asserts that its military actions are for self-defence, the discussion surrounding the classification of casualties and the ramifications of these statistics remains a significant topic of debate. At least 64,964 people have been killed in Israeli attacks in Gaza since then, according to the territory's Hamas-run health ministry, whose figures are seen as reliable by the UN. The UN relies on the Hamas-run health Ministry. It raises a question of why the UN could not study the casualties of Palestinians independently. 

CNN reported on December 6, 2023, that the Israeli military claims two civilians are killed for every Hamas militant. This suggests Israel killed 90,000 Palestinians by that date. Israel believed it had killed two Palestinian civilians for every Hamas militant in its intense campaign to eliminate the armed group from Gaza, a ratio an IDF spokesperson described to CNN on Monday as “tremendously positive.” 21 months have passed since December 6, 2023. How many Hamas militants and civilians have died?  Surprisingly, there is no clear record of Hamas militants' and civilians' deaths, either to Israel or to the Palestinian Health Ministry. 

Yesterday, September 16, 2025, on the Piers Morgan show, former IDF Sergeant Benjamin Anthony stated that Israel had killed 30,000 Hamas militants. Regarding civilian deaths, he claimed a ratio of one militant to two civilians, which seems higher than the Palestinian health ministry’s figure of 64,964 Palestinian deaths. Piers Morgan debated for 15 minutes to determine the exact number of casualties from Sergeant Benjamin. In the end, he said it is 90,000.  Why does the Palestinian Health Ministry report so few civilian casualties? What is the hidden agenda? 

Whereas, a few months earlier, the Lancet study revealed that over a million Palestinians had been killed. The cumulative effects of Israel’s war on Gaza could mean the actual death toll could reach more than 186,000 people, according to a study published in the journal The Lancet.

 The death toll in Gaza during the first nine months of the Israel-Hamas war was about 40% higher than the numbers recorded by the Palestinian Health Ministry, the Guardian reported.  However, after two years of brutal war, there is no need for additional proof to demonstrate genocide in Gaza. The UN Commission examined the key points that confirm Israel has committed genocide in Gaza. 

What is now after Israel is alleged to be a Genocidal crime?

Today, the Israeli military has reportedly killed at least 83 Palestinians in Gaza, including 61 in Gaza City, amidst a brutal offensive criticized internationally. The Euro-Med Human Rights Monitor noted an increase in the use of explosive-laden armoured vehicles to destroy residential areas in Gaza City.  Al Jazeera reported that Palestinians march again to the south as Israel ethnically cleanses. Around 1 million Palestinians have returned to live in the ruins of Gaza City after the initial phase of the war. An Israeli army official estimated that 350,000 had fled, while Gaza's Government Media Office stated that 350,000 were displaced within the city and 190,000 left altogether. "Death is better than displacement," said Abu Mohammed. "We accept the war but not the displacement." When will Israel stop its madness? 

Navy Pillai expressed concerns about the anticipated timeline for the International Court of Justice (ICJ) to deliver a decision, which is expected to take two years—far too long given the urgency of situations involving potential genocide. Citing the ICJ's precedent in the Bosnia-Serbia case, Pillai emphasized the importance of immediate action when genocide is observed or anticipated. She argued that the obligation to protect those suffering due to the criminal actions of another state aligns with both common sense and international conventions.  Chris Sedote highlighted the severe impact of Israel's actions, specifically noting attacks on children and the destruction of vital infrastructure in Gaza, which has led to dire living conditions.  If Israel were to face legal prosecution for these actions, questions arise regarding the nature of its defence. What arguments or justifications might Israel present in response to the evidence of harm it has caused?

Dr. Pamelia Riviere is a freelance writer and analyst.