Legal analysis of the conduct of Israel in Gaza pursuant to the Convention on the Prevention and Punishment of the Crime of Genocide by Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel

252. The Commission concludes on reasonable grounds that the Israeli authorities and Israeli security forces have committed and are continuing to commit the following actus reus of genocide against the Palestinians in the Gaza Strip, namely (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.

253. On incitement to genocide, the Commission concludes that Israeli President Isaac Herzog, Prime Minister Benjamin Netanyahu and then Defence Minister Yoav Gallant, have incited the commission of genocide and that Israeli authorities have failed to take action against them to punish this incitement. The Commission has not fully assessed statements by other Israeli political and military leaders, including Minister for National Security Itamar Ben-Gvir and Minister for Finance Bezalel Smotrich, and considers that they too should be assessed to determine whether they constitute incitement to commit genocide.

254. On the mens rea of genocide, the Commission concludes that statements made by Israeli authorities are direct evidence of genocidal intent. 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.

255. The Commission concludes that the State of Israel bears responsibility for the failure to prevent genocide, the commission of genocide and the failure to punish genocide against the Palestinians in the Gaza Strip.