The ongoing conflict in Gaza, which escalated dramatically following the Hamas-led attacks on southern Israel on October 7, 2023, has sparked intense international scrutiny regarding alleged violations of international humanitarian law (IHL) and international criminal law by the Israeli military. Various reports from human rights organisations, United Nations bodies and legal experts have raised serious concerns about potential war crimes, crimes against humanity and even genocide committed by Israel in Gaza. These allegations are not only rooted in specific military tactics and policies, but also in statements made by Israeli officials, all set against the backdrop of a decades-long occupation and blockade of Gaza. This post examines these claims, drawing on credible sources, while acknowledging the complexity of the conflict and the urgent need for independent investigations to establish legal accountability.
Context of the Conflict
On October 7, 2023, Hamas and other Palestinian armed groups launched a coordinated attack on southern Israel, resulting in the tragic loss of approximately 1,200 lives, primarily civilians and the abduction of over 250 hostages. These acts, characterised by deliberate killings, sexual violence and abductions, have been universally condemned as war crimes by the United Nations, Amnesty International and Human Rights Watch. In response, Israel initiated a large-scale military operation in Gaza, which involved extensive airstrikes, ground incursions and a tightened blockade. By early 2025, the Palestinian Ministry of Health reported over 44,000 deaths, including at least 18,000 children and approximately 1.9 million people – roughly 90% of Gaza’s population – displaced. The scale of destruction, combined with specific military actions, forms the basis for allegations of war crimes.
Alleged War Crimes and Crimes Against Humanity
International humanitarian law, primarily governed by the Geneva Conventions and customary law, establishes clear rules for armed conflicts, prohibiting deliberate attacks on civilians, indiscriminate or disproportionate attacks, collective punishment and the destruction of civilian infrastructure without military necessity. Several reported actions by Israel in Gaza raise significant concerns under these legal frameworks.
Indiscriminate and Disproportionate Attacks
Numerous reports have documented Israeli airstrikes that appear to violate the IHL principles of distinction (targeting only military objectives) and proportionality (ensuring civilian harm is not excessive relative to military gain). Amnesty International’s investigation into strikes conducted between October 7 and 12, 2023, found evidence of indiscriminate attacks, such as the bombing of a six-story residential building in Sheikh Radwan, Gaza City, which resulted in the deaths of entire families. Another tragic incident involved the death of five-year-old Hind Rajab, her family and Palestinian Red Crescent Society paramedics, who were killed by shelling attributed to the Israeli Army’s 162nd Division. These incidents suggest a failure to take feasible precautions to minimise civilian harm, a core requirement of IHL.
Human Rights Watch’s November 2024 report further highlighted Israel’s use of massive explosives in densely populated areas, including strikes on hospitals, schools and mosques, which resulted in significant civilian casualties. The report characterised these actions as “indiscriminate attacks harming civilians,” noting that the use of heavy munitions in urban settings often led to disproportionate harm. The UN Commission of Inquiry (COI), in its June 2024 findings, concluded that such actions constituted war crimes, specifically citing “extermination” and “murder” as crimes against humanity due to the scale and nature of civilian deaths.
Forced Displacement and Ethnic Cleansing
Israel’s issuance of evacuation orders covering 79% of Gaza’s territory has led to the forced displacement of 1.9 million people, often multiple times, with no designated safe zones. Human Rights Watch’s 2024 report argued that this “forcible transfer” lacked military necessity and appeared systematic, potentially amounting to a crime against humanity. The report pointed to operations in northern Gaza, particularly in Jabalia, Beit Lahia and Beit Hanoun, as evidence of intent to create permanent demographic changes, a hallmark of ethnic cleansing. UN High Commissioner for Human Rights Volker Türk warned in November 2024 that such actions, combined with the denial of humanitarian aid, could constitute atrocity crimes. The repeated displacement, coupled with the destruction of homes and infrastructure, has left much of Gaza’s population without viable means of return, raising questions about long-term intentions.
Destruction of Civilian Infrastructure
Amnesty International’s 2024 investigation into Israel’s campaign to expand a “buffer zone” along Gaza’s eastern perimeter documented the destruction of over 1,200 structures, including homes, schools and mosques, between October 2023 and May 2024. Satellite imagery and videos posted by Israeli soldiers illustrated bulldozers and explosives razing entire neighbourhoods, often without clear evidence of military necessity. Such actions violate Article 53 of the Fourth Geneva Convention, which prohibits the destruction of civilian property unless absolutely necessary for military operations and Article 147, which classifies wanton destruction as a war crime. The systematic nature of these demolitions, particularly in areas not actively hosting combat, suggests a policy aimed at rendering large parts of Gaza uninhabitable.
Attacks on Healthcare Facilities
The UN COI’s October 2024 report found that Israel’s deliberate targeting of Gaza’s healthcare system, particularly paediatric and neonatal facilities, constituted war crimes and the crime against humanity of extermination. Hundreds of medical personnel, including doctors and nurses, have been killed, some by sniper fire and hospitals have been repeatedly attacked or rendered inoperable due to lack of fuel and supplies. The report highlighted the “incalculable suffering” of child patients, noting that the destruction of healthcare infrastructure threatens the survival of Palestinians as a group. Specific incidents, such as the siege of Al-Shifa Hospital and attacks on Al-Aqsa Hospital, have been cited as evidence of intentional targeting of protected facilities, violating IHL protections for medical personnel and infrastructure.
Starvation as a Method of Warfare
Israel’s imposition of a total siege on Gaza from October 9 to 20, 2023, blocking food, water, electricity and fuel, followed by severely restricted aid deliveries, has been widely criticised as collective punishment, a war crime under Article 33 of the Fourth Geneva Convention. The UN COI found that this siege was intended to “instrumentalise and weaponise” essential supplies to achieve political and military objectives, exacerbating famine conditions. In May 2025, UN reports indicate that starvation is spreading, with children among the most vulnerable. Defence Minister Yoav Gallant’s October 9, 2023, statement – “no electricity, no food, no fuel, everything is closed” – has been cited as evidence of intent to impose collective punishment. The blockade’s impact, combined with the destruction of agricultural land and water infrastructure, has created a humanitarian crisis of unprecedented scale.
Mistreatment of Detainees
The COI documented institutionalised mistreatment of Palestinian detainees, including torture, sexual violence and inhumane conditions, under orders from Israeli authorities, such as Minister of National Security Itamar Ben-Gvir. Investigations revealed cases of detainees being subjected to degrading treatment, such as being forced to lie on decomposing corpses or enduring dog attacks at facilities like Sde Teiman. These acts violate Article 8 of the Rome Statute, which prohibits torture and outrages upon personal dignity. Reports of widespread abuse, corroborated by survivor testimonies and soldier-posted videos, indicate a systematic policy of mistreatment, potentially amounting to war crimes.
Allegations of Genocide
Amnesty International’s December 2024 report concluded that Israel’s actions meet the threshold for genocide under the 1948 Genocide Convention, citing “specific intent to destroy Palestinians in Gaza” through killings, serious bodily harm and conditions calculated to bring about physical destruction. The report pointed to statements by Israeli officials, including calls for Gaza’s destruction or comparisons of Palestinians to “human animals,” as evidence of genocidal intent. The scale of casualties – over 44,000 by early 2025, with 18,000 children – combined with the destruction of infrastructure and denial of necessities, supports this claim. The International Court of Justice (ICJ), in its January 2024 interim ruling on South Africa’s case against Israel, found a “plausible risk” of genocide, ordering Israel to take measures to prevent such acts. Public discourse, including statements from genocide scholars and human rights advocates, reflects growing concern that Israel’s actions constitute genocide, though a final ICJ ruling is pending.
Israel’s Response and Legal Context
Israel has consistently denied allegations of war crimes, asserting that its operations target Hamas’s military infrastructure and comply with IHL. The Israel Defense Forces (IDF) claim to issue evacuation warnings, such as leaflets and phone calls, to minimise civilian harm and argue that Hamas’s use of civilian areas as cover complicates military operations. Israel disputes the jurisdiction of the International Criminal Court (ICC), as it is not a party to the Rome Statute and has accused UN bodies, such as the COI, of bias and pursuing a “narrow-led political agenda.” Israeli officials maintain that their actions are a legitimate response to Hamas’s October 7 attack and ongoing rocket fire.
However, the ICC has confirmed its mandate to investigate war crimes in Palestine since 2014 and, in November 2024, issued arrest warrants for Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant for war crimes and crimes against humanity, including murder and starvation as a method of warfare. The ICJ’s July 2024 advisory opinion declared Israel’s occupation of Palestinian territories unlawful and called for compliance with measures to prevent genocide. These legal developments underscore the international community’s growing focus on accountability.
Counterarguments and Hamas’s Actions
Hamas and other Palestinian armed groups have also faced accusations of war crimes, including deliberate civilian killings, hostage-taking and indiscriminate rocket attacks during the October 7 assault and subsequent operations. The UN COI and Amnesty International documented evidence of sexual violence, torture and mistreatment of hostages by Hamas, acts that violate IHL and constitute war crimes. These actions have been condemned internationally, with calls for accountability for Palestinian armed groups.
However, as UN COI Chair Navi Pillay emphasised, “Atrocities committed by one side do not justify atrocities committed by the other.” The focus on Israel’s actions reflects the asymmetry of power in the conflict. Israel’s advanced military capabilities, control over Gaza’s borders and ability to impose a blockade enable a scale of destruction and displacement unmatched by Palestinian groups. While Hamas’s actions warrant investigation, they do not negate the need to address allegations against Israel.
Implications and the Need for Accountability
The allegations of war crimes, crimes against humanity and genocide in Gaza highlight the urgent need for independent, transparent investigations. The ICC’s ongoing probe and the ICJ’s rulings provide critical avenues for accountability, but Israel’s non-cooperation and the lack of enforcement mechanisms pose significant challenges. Reports from Amnesty International, Human Rights Watch and the UN emphasise that decades of impunity for Israeli violations have fuelled recurring cycles of violence. The role of Israel’s allies, particularly the United States and Germany, in supplying arms has raised concerns about complicity, especially following the ICJ’s genocide ruling.
The humanitarian toll in Gaza – 18,000 children killed, 1.9 million displaced and widespread starvation – demands immediate action. International law requires that all parties to a conflict prioritise the protection of civilians, yet the scale of destruction in Gaza suggests systemic failures to uphold these obligations. The loss of civilian lives, particularly children and the destruction of homes, schools and hospitals underscore the moral and legal imperative to address these violations.
Conclusion
The evidence presented by human rights organisations, UN bodies and legal experts points to a pattern of Israeli military actions in Gaza since October 7, 2023, that may constitute war crimes, crimes against humanity and potentially genocide. Indiscriminate and disproportionate attacks, forced displacement, destruction of civilian infrastructure, attacks on healthcare facilities, starvation policies and detainee mistreatment form the core of these allegations. Statements by Israeli officials and the scale of civilian harm – particularly the deaths of 18,000 children – provide a basis for claims of genocidal intent, though a final determination awaits further legal proceedings.
Israel’s assertions of compliance with IHL and its focus on Hamas’s actions do not negate the need for accountability, given the disproportionate impact on Gaza’s civilian population. The ICC and ICJ offer critical mechanisms for pursuing justice, but their effectiveness depends on international cooperation and political will. The broader context of Israel’s occupation and blockade of Gaza amplifies the urgency of addressing these allegations, as does the catastrophic humanitarian crisis unfolding in the territory.
Breaking the cycle of impunity requires robust, impartial investigations and a commitment to upholding international law. Only through accountability can the international community hope to address the immense suffering in Gaza and pave the way for a just resolution to the conflict. The world’s response to these alleged crimes will shape not only the future of Gaza, but also the credibility of international humanitarian law in addressing modern conflicts.
