Gaza and the Crime of Genocide: A Legal Analysis of Israel’s 2023–2025 War under the Convention

In light of the 1948 Genocide Convention, this article examines Israel’s military operations in the Gaza Strip from 2023 to 2025 following the Hamas-led attack of 7 October 2023. It assesses how the available record bears on allegations of genocide, with particular attention to the Convention’s material and mental elements. The analysis examines reported conduct alongside public statements by senior Israeli officials relevant to specific intent, while distinguishing the evidentiary standards applicable to provisional measures from those governing final merits determinations. It focuses on three prohibited acts under Article II: killing members of a protected group; causing serious bodily or mental harm; and deliberately inflicting conditions of life calculated to bring about the group’s physical destruction, in whole or in part. The paper situates these allegations within urban warfare, including claims concerning Hamas’s use of civilian infrastructure, while considering Palestinian political decisions and agency. Drawing on documentation from United Nations bodies, military reports, and academic legal literature, the study reviews evidence concerning civilian casualties, medical access, and the destruction of educational institutions. It evaluates competing interpretations of the record, including classifications as genocide, war crimes, or crimes against humanity, and identifies the principal evidentiary questions relevant to final adjudication.