Israel, Hamas, and the Genocide Debate: A Global Divide
Millions of Gazan civilians are enduring a "catastrophe of unprecedented proportions."
In mid-September 2025, a United Nations Commission of Inquiry released a historic report. For the first time in the history of the UN, it accused the Israeli forces of committing genocide against the Palestinians in the Gaza Strip. It concluded that it had "reasonable grounds" to believe four of the five acts defined by the 1948 Genocide Convention to be ongoing: killings, severe physical and psychological injuries, the wilful deprivation of the essentials of life, and attempts to prevent births.
It has sparked furious worldwide commentary. The first is vindication of old suspicions—that Israel's revenge for Hamas's October 2023 attack transgresses the boundary of humanity's darkest transgression. The second is that the charge is premature, politicised, and may invalidate the definition of genocide itself. Caught in the middle are millions of Gazan civilians, enduring what the International Committee of the Red Cross has described as a "catastrophe of unprecedented proportions."
It examines the allegations of genocide, the arguments for and against, and the responses of nations and groups at the global level.
What Constitutes Genocide?
Genocide is not just an accusation of wrongdoing. It's a crime that was born out of the Holocaust's flames, bequeathing the 1948 Genocide Convention's definition of the intent to destroy, in part or in whole, a national, ethnic, racial, or religious group. It is comprised of killing, severe physical or mental damage, imposing conditions of life to destroy, prevention of births, or forced transfer of children.
But it requires more than actions, even intent—it must be demonstrated that there is intent to destroy a group. That's why convictions for genocide are rare. Rwanda in 1994 and Srebrenica in 1995 remain two of the only instances where international courts have done so.
In Gaza's case, there is an opinion that the threshold has been passed. Others believe that the actions are war crimes or crimes against humanity, but not genocide—the legal nuance matters. If something is considered to be genocide, other states are under a legal obligation to act: to prevent, to prosecute, and to prevent complicity.
What the UN Commission Found
The UN's Independent International Commission of Inquiry (COI), appointed by the Human Rights Council, reviewed thousands of witness statements, satellite evidence, and government records. It determined in its September 16, 2025, report that:
Israeli forces killed tens of thousands of civilians, of whom the vast majority were women and children. Critical infrastructure—hospitals, maternity wards, fertility clinics, water treatment plants—was damaged.
Severe humanitarian access restrictions led to mass starvation, malnutrition, and disease.
The majority of the population was forcefully displaced.
Remarks by Israeli politicians and military leaders, including some that intimated "erasure" of Gaza, were seen to convey genocidal intent.
The Commission concluded that it had "reasonable grounds to believe that acts of genocide are taking place.", insisted Navi Pillay, Chair of the Commission. "It is clear that there is an intent to destroy the Palestinians in Gaza through acts that meet the criteria set forth in the Genocide Convention."
NGOs and Human Rights Organisations
Several respectable organisations corroborated the UN's findings:
Amnesty International (Dec. 2024) called the Israeli campaign genocide, citing deliberate blocking of lifesaving aid.
Human Rights Watch has accused the government of war crimes of indiscriminate attack and collective punishment, but has not labelled them genocide.
B'Tselem and Physicians for Human Rights–Israel, two of Israel's leading NGOs, stunned the world in 2025 by condemning their own government for committing genocide—a historic moral critique.
The International Association of Genocide Scholars issued a resolution declaring that the evidence from Gaza conformed to patterns of genocide.
Over 100 NGOs, from Oxfam to grassroots relief groups, cautioned of "mass starvation lurking around every home in Gaza," calling deprivation a war weapon.
The European Union's Position
In early September 2025, after months of internal consideration, the European Union issued a formal statement on the situation in Gaza. Although it declined to label Israel's actions as genocide, the EU took note of the gravity of the crisis and displayed "deep concern over the possible commission of international crimes, including acts that could constitute genocide." It called for an independent international investigation under the International Criminal Court (ICC) and requested full cooperation from all concerned parties.
Such a move is emblematic of the EU's continued effort to balance upholding international law and human rights with its foreign policy convergences with Israel. Interestingly enough, several member states, including Spain, Belgium, and Ireland, took a step further from the common statement by making individual charges of genocide against Israel. Countries like France, Germany, and the Netherlands, on the other hand, called for more cautious language and legal certainty and warned against rash conclusions.
The EU's statement was matched with mixed reactions. Human rights groups criticised the bloc for the lack of moral urgency, critiquing it for political timidity. Diplomats, nevertheless, noted that the statement was historic in that Brussels was admitting that genocide may be happening in real-time—an extraordinary change of tone for EU foreign policy.
It draws attention to the internal EU divisions and contributes to the already complex global narrative surrounding the Gaza case.
Reactions of the Government Worldwide
Beyond the EU, international responses were politically split: South Africa sued Israel before the International Court of Justice (ICJ) and consequently secured provisional measures to bind Israel to refrain from genocidal acts and allow access to humanitarian relief.
Later, Nicaragua sued Germany, claiming complicity by reason of sales of weapons to Israel.
Countries like Turkey, Bolivia, Brazil, and many Arab nations have condemned Israel openly.
The US, UK, and Germany refused to use the word "genocide," referencing Israel's right to self-defence and the need for more robust intent evidence.
It reflects broader geopolitics: the Global South overwhelmingly supports the case of the Palestinians, the West supports Israel, and others—such as India and much of the African region—seek to avoid it.
Evidence Supporting the Genocide Allegation
Supporters of the accusation of genocide claim:
Civilian Deaths: Over 40,000 dead Palestinians from 2023 onward, of whom many were children—described as systematic, not accidental
Infrastructural Destruction: Levelled residential areas, bombed hospitals, and toppled utilities are considered to be making Gaza uninhabitable.
Blockade and Starvation: Aid convoys blocked, malnutrition among children soaring
Forced Displacement: Nearly all of Gaza's 2.3 million inhabitants have been forced to be repeatedly uprooted; even shelters come under attack.
Rhetoric: Israeli leaders' statements to "wipe out" Gaza or dehumanise the Palestinians are cited to show genocidal intent
Israel denies the allegation for several reasons:
Military Necessity: Authorities say they are targeting Hamas, not civilians, and casualties are an unfortunate aspect of urban warfare. * No Intent to Destroy: The government argues that it has no intent to destroy the Palestinians, only to destroy Hamas.
Hamas's Strategy: Israel asserts that Hamas uses civilians as human shields to ensure higher casualty numbers.
Legal Warning: Western leaders worry about "genocide inflation," arguing that overusing the term waters down the legal definition of the term.
International Courts' Role
It could take years for the ICJ to give a final decision, yet even provisional orders of the Court at present bind Israel to international law. Meanwhile, the International Criminal Court (ICC) is considering war crimes and crimes against humanity in Gaza, threatening to prosecute political or military leaders.
These volumes can recast the definition of genocide into the context of modern war.
Why the Word Matters
To call a conflict genocide is not just rhetorical—it has practical effects:
Legal Responsibilities: States must prevent and prosecute genocide.
Diplomatic Pressure: It impacts sanctions, aid, and alliances.
Narrative Stakes: For the Palestinians, a determination of genocide would be educating generations of fear and resistance. For Israelis, the accusation is particularly sensitive, following the Holocaust, which has such saliency in national consciousness.
Global Divide, Human Cost
As legal claims grow, the humanitarian situation in Gaza worsens. Relief organisations call it a "hellscape": destroyed neighbourhoods, overwhelmed hospitals, and malnourished, scarred children. The UN finds the damage potentially generation-lasting.
On the Israeli side, shock at October 7, 2023—when Hamas killed over 1,200 civilians and took up to 200 hostages—persists. Israel's war, according to the government, is needed to prevent similar raids in the future.
It is a double tragedy: innocent civilians from the opposing parties are injured, and the international legal system is faced with its greatest moral challenge.
A World at a Crossroads
It is not known if the International Court of Justice will ultimately conclude that a genocide is going on in Gaza. But the fact that even that question is considered seriously is itself enough to have altered international politics. In much of the Global South, the criticism betrays old grievances against Western double standards.
For the West to advocate for Israel and to denounce Russia in Ukraine creates a great credibility gap. More than law is at stake: the future of humanitarian norms, the legitimacy of international institutions, and the survival of civilians caught in war. As another aid worker commented, "The law will determine later. But kids are starving today. And that must be enough to do something."