GENEVA (AP) 鈥 A team of independent experts commissioned by the United Nations’ Human Rights Council has concluded that Israel is committing genocide in Gaza, issuing a report Tuesday that calls on the international community to end the genocide and take steps to punish those responsible for it.
The deeply-documented findings by the three-member team are the of genocide against Prime Minister Benjamin Netanyahu’s government by as Israeli carries on with its war against Hamas in Gaza that has killed tens of thousands of people. Israel rejected what it called a 鈥渄istorted and false鈥 report.
The Commission of Inquiry on the Occupied Palestinian Territory and Israel, which was created four years ago, alleged human rights abuses and violations both in Gaza since the deadly Oct. 7, 2023, attacks in Israel led by Hamas, and other Palestinian areas.
While neither the commission nor the 47-member-country council that it works for within the U.N. system can take action against a country, the findings could be used by prosecutors at the International Criminal Court or the U.N.‘s International Court of Justice.
The report also amounts to a final message from the team headed by former U.N. rights chief Navi Pillay, who served as a judge on the International Criminal Tribunal for Rwanda. All three of its members announced in July that they would resign, and a need for change.
The team was commissioned by the Human Rights Council, the U.N.鈥檚 top human rights body, but it does not speak for the United Nations.
Israel has and has accused it and the HRC of anti-Israel bias. Earlier this year, the Trump administration, a key Israeli ally, .
Commission says Israel committed 鈥榞enocidal acts鈥
After a painstaking legal analysis, examining both actions and intent, the commission said Israel had committed four of the five 鈥済enocidal acts鈥 defined under an international convention adopted in 1948 known colloquially as the 鈥淕enocide Convention,鈥 three years after the end of World War II and the Holocaust.
鈥淭he Commission finds that Israel is responsible for the commission of genocide in Gaza,鈥 said Pillay, the commission chair. 鈥淚t 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.鈥
The team based its findings on the convention’s five criteria to assess whether genocide has occurred: killing members of a group; causing its members serious bodily or mental harm; imposing measures aimed to prevent births in the group; deliberately inflicting conditions calculated to bring about the 鈥減hysical destruction鈥 of the group; and forcibly transferring its children to another group.
Under the convention, a genocide determination could be made even if only one of those five criteria are met 鈥 and the commission said four have been. Only the criteria on forcible transfer has not been met, it said.
Pillay, a former U.N. human rights chief, said 鈥渞esponsibility for the atrocity crimes lies with Israeli authorities at the highest echelons鈥 over the nearly two-year war.
Her commission concluded that Netanyahu, as well as Israeli President Isaac Herzog and former Defense Minister Yoav Gallant, had incited the commission of genocide. It hasn’t assessed whether other Israeli leaders had done so too.
Chris Sidoti, one of the commission鈥檚 three members, said he hoped that the report would reach people in Israel, insisting they had been 鈥渂etrayed鈥 by the government in its 鈥渁bject refusal鈥 to take action to rescue Israeli hostages after 1,200 people were killed on Oct. 7 two years ago, and its 鈥済enocidal war鈥 that has jeopardized Israel鈥檚 security.
鈥淲e cannot understand how traumatic the 7th of October was for the people of Israel,鈥 he told reporters. 鈥淭he trauma and their suffering has been ruthlessly manipulated by Netanyahu and his cronies for the last two years 鈥 and it鈥檚 time that it stopped. And it鈥檚 time that those who are responsible for this were held accountable.鈥
Israel refutes the findings
Israel, which was founded in the aftermath of the Holocaust, has adamantly rejected genocide allegations against it as an antisemitic 鈥渂lood libel.鈥
Israel’s Foreign Ministry issued an angry response Tuesday, saying it 鈥渃ategorically rejects this distorted and false report.鈥
“Three individuals serving as Hamas proxies, notorious for their openly antisemitic positions 鈥 and whose horrific statements about Jews have been condemned worldwide 鈥 released today another fake 鈥榬eport鈥 about Gaza,鈥 it said.
Genocide accusations are especially sensitive in Israel, which was founded as a haven for Jews in the wake of the Holocaust and where memories of the Holocaust still play an important role in the country鈥檚 national identity.
In coming to its conclusion of genocide, the commission said it pored over the conduct of Israeli security forces and 鈥渆xplicit statements鈥 by Israeli civilian and military authorities, among other criteria.
In particular, the experts cited as factors the death toll, Israel’s 鈥渢otal siege鈥 of Gaza and blockade of humanitarian aid that has led to starvation, a policy of 鈥渟ystematically destroying鈥 the health care system, and direct targeting of children.
Commission calls on countries to act
The commission urged other countries to halt weapons transfers to Israel and block individuals or companies from actions that could contribute to genocide in Gaza.
鈥淭he international community cannot stay silent on the genocidal campaign launched by Israel against the Palestinian people in Gaza,” said Pillay, who is a South African jurist. “When clear signs and evidence of genocide emerge, the absence of action to stop it amounts to complicity.鈥
The current U.N. high commissioner for human rights, Volker T眉rk, has decried Israel鈥檚 conduct of the war in Gaza and spoken out forcefully against alleged crimes, but has not accused Israel of carrying out genocide.
His office, alluding to international law, has argued that only an international court can make a final, formal determination of genocide. Critics counter that could take years and insist that thousands of people, many of them civilians, are being systematically killed in Gaza in the meantime.
The International Court of Justice is hearing a filed by South Africa against Israel. Other countries, , have asked the U.N. court to join the case.
