Genocide, incitement to genocide and impunity

On 16 September 2025, the United Nations Independent International Commission of Inquiry (CoI) on the Occupied Palestinian Territory (including East Jerusalem) and Israel, mandated by the Human Rights Council and supported by the Office of the High Commissioner for Human Rights (OHCHR), concluded in a landmark report that Israel has committed genocide in Gaza and that senior Israeli officials, including Prime Minister Benjamin Netanyahu, have engaged in incitement to genocide.

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Prime Minister of Israel Benjamin Netanyahu President of the State of Palestine Mahmoud Abbas UN Secretary-General António Guterres

This report is the most authoritative UN commission finding to publicly apply Genocide Convention analysis to Israeli conduct in Gaza. Previous UN experts and NGOs had used the term earlier, but a formal CoI report carries special weight for courts and states. The CoI's evidence and legal reasoning provide a documentary and testimonial reservoir that other legal actors (states, prosecutors, courts) can and will use. In short, a CoI, while not a sentence, is a legal accelerant. The International Court of Justice (ICJ), decides state responsibility under the Genocide Convention, and the International Criminal Court (ICC), may prosecute individuals for genocide, crimes against humanity, or war crimes.

South Africa's case at the ICJ (Application dated April 2025) already places the question of state compliance with the Genocide Convention before the World Court. The Court can order protective measures and reparations. If the ICJ ultimately finds breaches, it can issue orders that carry binding legal weight under international law. However, enforcement of such orders remains politically charged. CoI findings are not determinative, but the Court can rely on them as persuasive factual material when weighing state evidence and legal claims.