Pagina dettaglio corso numero uno

The Independent International Commission of Inquiry on the Occupied Palestinian Territory, in the report “Legal analysis of the conduct of Israel in Gaza pursuant to the Convention on the Prevention and Punishment of the Crime of Genocide” presented at the Human Rights Council in Geneva on 16 September 2025, focuses on the determination of genocide under the Convention on the Prevention and Punishment of the Crime of Genocide, examining the responsibility of the State of Israel for the failure to prevent genocide, for committing genocide against the Palestinians in Gaza since October 2023, and for failing to punish the crime of genocide. In particular, the Commission concludes, on reasonable grounds, that the Israeli authorities and Israeli security forces have committed and continue to commit the following actus reus of genocide against the Palestinians in the Gaza Strip: (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. 

With regard to incitement to genocide, the Commission concludes that Israeli President Isaac Herzog, Prime Minister Benjamin Netanyahu and then Minister of Defence Yoav Gallant incited the commission of genocide and that the Israeli authorities have not taken action against them to punish such incitement. 

As for the mens rea of genocide, the Commission affirms that statements made by Israeli authorities constitute direct evidence of genocidal intent. In addition, the Commission notes that the pattern of conduct represents circumstantial evidence of genocidal intent and that genocidal intent is the only reasonable inference that can be drawn from the totality of the evidence. Accordingly, the Commission underlines 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 therefore concludes that the State of Israel bears responsibility for the failure to prevent genocide, the commission of genocide, and the failure to punish the crime of genocide against the Palestinians in the Gaza Strip. 

To read the full report, click here.