Washington, DC., 10 April 2025 ——
Since the escalation of violence in October 2023, international legal scholars, human rights organizations, and several state actors have raised serious allegations that Israel’s military and political actions in the Gaza Strip and the West Bank may amount to genocide and ethnic cleansing of the Palestinians. Explored through the lens of international law, and customary legal principles, these allegations are further observed within the broader historical trajectory of the Israeli-Palestinian conflict and examine the ramifications of ongoing legal proceedings at the International Court of Justice (ICJ).
The Israeli-Palestinian conflict has long attracted scrutiny in legal and humanitarian arenas. However, the dramatic escalation of violence in Gaza following the 7 October 2023, Hamas-led attacks and subsequent Israeli military response, alongside growing violence in the West Bank, has shifted international discourse. Increasingly, observers and legal analysts have framed Israel’s actions not merely as occupation or disproportionate force but potentially as genocide and ethnic cleansing.
Genocide and Ethnic Cleansing in International Law
The 1948 Convention on the Prevention and Punishment of the Crime of Genocide defines genocide as acts committed “with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group”. These acts include killing, causing serious harm, inflicting life-threatening conditions, and forcibly transferring children.
Ethnic cleansing, though not formally codified as an independent crime, is widely recognized in international jurisprudence as a form of forced population displacement, often prosecuted as a war crime, crimes against humanity, and genocide, depending on the context.
Both terms require a demonstration of specific intent — particularly challenging to prove in genocide cases. Yet intent may be inferred from state conduct and official rhetoric.
Gaza: Mass Civilian Deaths and Infrastructure Destruction
According to the UN and the Palestinian Ministry of Health, more than 50,000 Palestinians have been killed since October 2023 in Gaza. Some seventy percent of those killed are women and children; nearly 16,000 are children. Israeli airstrikes have destroyed hospitals, schools, and water infrastructure, raising legal concerns about the targeting of civilian life and humanitarian necessities.
Israeli officials have maintained that the campaign is aimed at dismantling Hamas. However, statements such as Israeli Defense Minister Yoav Gallant’s description of Gazans as “human animals” have been cited by South Africa in its ICJ case as evidence of genocidal intent (ICJ South Africa v. Israel).
On 26 January 2024, the ICJ ruled that South Africa’s genocide allegations were “plausible” and issued provisional measures instructing Israel to prevent genocidal acts and permit humanitarian aid, though it stopped short of determining guilt.
The West Bank: Settlement Expansion and Forced Displacement
Simultaneous with the war in Gaza, violence and displacement have escalated in the West Bank. Human rights groups have documented Israeli settler violence, home demolitions, and displacement of Palestinian communities in Area C, leading to accusations of de facto ethnic cleansing.
UN Special Rapporteur Francesca Albanese has argued that Israeli actions in the West Bank amount to a “segregationist regime” designed to displace Palestinians and entrench Israeli control. The cumulative effort may qualify as forced population transfer under Article 49 of the Fourth Geneva Convention, and potentially as crimes against humanity under the Rome Statute.
Legal and Political Ramifications
The ICJ’s provisional measures do not determine whether genocide has occurred but establish the plausibility of the claim — a legal threshold that holds serious political and reputational implications. Should the Court ultimately rule in favor of South Africa, the consequences for Israel and its allies could be profound, possibly affecting aid, diplomatic relations, and obligations under the Genocide Convention.
In parallel, on 21 November 2024, the International Criminal Court (ICC) issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, and former Defense Minister Yoav Gallant, accusing them of committing war crimes and crimes against humanity during the conflict in Gaza between 8 October 2023, and 20 May 2024. The charges include intentional deprivation of essential resources, including food, water, medicine, fuel, and electricity, to the civilian population in the occupied Palestinian territories, including Gaza, resulting in widespread suffering and death. The ICC’s findings allege that Netanyahu and Gallant bear criminal responsibility for the war crime of starvation as a method of warfare. And the crimes against humanity of murder, persecution, and other inhumane acts. Additionally, Netanyahu and Gallant are accused of intentionally directing attacks against the civilian population.
The ICC Prosecutor’s Office has faced increasing pressure to expand the scope of this investigation to include possible genocidal acts. The ICC’s mandate is to prosecute individuals for such crimes.
While legal adjudication of genocide and ethnic cleansing in the Israeli-Palestinian context remains ongoing, the severity of the allegations and the scale of civilian suffering necessitate urgent legal and moral scrutiny. As international courts weigh the evidence, the situation tests the credibility of global legal institutions and the international community’s willingness to enforce norms intended to prevent atrocity crimes.
Photo Credit: Gaza War 2023 — 2025: IMG 3821 by Jabar Jehad Baldwin. Licensed under CC BY SA 4.0
Lara Kajs is the founder and executive director of The Genocide Report, an NGO nonprofit in Washington DC. She is the author of Assad’s Syria, and Stories from Yemen: A Diary from the Field, available in e-books, paperback, and hardcover at Amazon, Barnes and Noble, Apple Books, and independent booksellers worldwide. Distributed by Ingram Publishing. Ms. Kajs frequently speaks about atrocity crimes, forced displacement, state terrorism, and International Humanitarian Law (IHL). Follow and connect with Lara Kajs on Facebook, Instagram, X, LinkedIn, and Bluesky.