By Lara Kajs
Dispatches from the Field—The Genocide Report
Washington, DC— 21 May 2024
The ongoing conflict in Gaza has produced widespread civilian harm, large-scale destruction of infrastructure, and severe restrictions on essential resources. Documented patterns of conduct—including attacks on civilian populations, deprivation of food and water, and obstruction of humanitarian aid—raise serious concerns under international humanitarian law and the Genocide Convention. After more than seven months of sustained military operations, the scale and nature of these actions have intensified debate over whether the legal threshold for genocide may be met.
Civilian Impact and Scale of Harm
Since the start of hostilities in October 2023, more than 35,000 Palestinians have been killed in Gaza, with tens of thousands more injured. A significant proportion of those affected are women and children. The destruction of homes, schools, hospitals, and essential infrastructure has displaced the vast majority of the population.
Children have been disproportionately impacted. Thousands have been separated from their families, and large numbers require urgent psychological and medical care. The cumulative effects of repeated displacement, exposure to violence, and lack of basic services have created long-term risks to civilian survival and well-being.
These conditions—combined with ongoing military operations—have led many legal experts and observers to conclude that there are reasonable grounds to assess whether acts prohibited under the Genocide Convention are occurring.
Identifying Genocide
Genocide is defined under Article II of the Genocide Convention as specific acts committed with the intent to destroy, in whole or in part, a protected group. These acts include killing members of the group, causing serious bodily or mental harm, and deliberately inflicting conditions calculated to bring about physical destruction.
In Gaza, multiple documented patterns of conduct align with these prohibited acts. These include large-scale civilian casualties, widespread injury, and the creation of conditions in which access to food, water, medical care, and shelter is severely restricted.
The question of intent remains central. Establishing genocide requires demonstrating that such acts are carried out with the specific intent to destroy a protected group, in whole or in part. Statements by officials, patterns of conduct, and the systematic nature of the harm are all relevant in assessing this threshold.
ICC Action and Legal Accountability
In May 2024, the Prosecutor of the International Criminal Court announced applications for arrest warrants related to the October 7 attacks and subsequent military operations in Gaza. The applications include charges against Israeli leadership for war crimes and crimes against humanity, including the use of starvation as a method of warfare and intentionally directing attacks against civilians.
The Prosecutor stated that the evidence indicates these acts were part of a widespread and systematic attack against a civilian population. These findings contribute to the broader legal assessment of conduct in Gaza and underscore the role of international institutions in addressing accountability.
The scale of military operations has also drawn scrutiny. The volume and intensity of airstrikes in Gaza have resulted in extensive destruction across densely populated areas, raising serious concerns regarding proportionality and distinction under international humanitarian law.
Evidence of Deprivation and Siege Conditions
Available evidence indicates that Israeli authorities have imposed severe restrictions on the flow of essential goods into Gaza, including food, water, fuel, and medical supplies. Border crossings have been closed or subject to strict limitations, significantly reducing humanitarian access.
The disruption of water and electricity supplies has further compounded the crisis. These measures have contributed to conditions in which large segments of the population lack access to resources indispensable to survival.
Attacks on civilians seeking food, obstruction of humanitarian operations, and the killing of aid workers have further limited the ability of relief organizations to operate effectively. These conditions have led to allegations that starvation is being used as a method of warfare, a practice prohibited under international law.
Escalation Risks in Rafah
As international legal proceedings advance, military operations have continued, including preparations for expanded ground activity in Rafah. The city has become a focal point of displacement, with more than one million civilians sheltering in a confined area following repeated evacuations from other parts of Gaza.
Further escalation in Rafah presents a significant risk of additional civilian harm. Overcrowding, limited access to resources, and the absence of safe evacuation options increase the likelihood of large-scale casualties. Humanitarian operations in the area have already been curtailed due to security concerns and supply shortages.
The absence of safe zones and the continued displacement of civilians underscore the vulnerability of the population and the potential for further mass atrocity crimes.
Bottom Line
The situation in Gaza reflects a convergence of factors associated with the most serious violations of international law, including widespread civilian harm, destruction of essential infrastructure, and the deprivation of basic necessities.
While the formal legal determination of genocide requires a high evidentiary threshold, the scale and pattern of conduct observed in Gaza raise serious and credible concerns under the Genocide Convention. Ongoing investigations and legal proceedings will be critical in determining accountability.
In the absence of immediate measures to protect civilians, ensure humanitarian access, and enforce international legal obligations, the risk of further mass atrocity crimes remains acute.
Atrocity Prevention Lens
The conditions in Gaza align with multiple established indicators of mass atrocity risk, including large-scale attacks on civilians, forced displacement, and the systematic deprivation of essential resources. The concentration of civilians in high-risk areas such as Rafah further exacerbates vulnerability. Immediate preventive measures must include civilian protection, sustained humanitarian access, and international enforcement mechanisms to deter further escalation.
Legal Framework
Genocide Convention
The Convention defines genocide and establishes the legal threshold for acts committed with the intent to destroy a protected group. Determining intent remains central to legal classification.
International Humanitarian Law
The principles of distinction and proportionality prohibit attacks on civilians and civilian infrastructure. Violations may constitute war crimes.
Rome Statute of the International Criminal Court
The ICC has jurisdiction over war crimes and crimes against humanity and plays a central role in assessing individual criminal responsibility.
Prohibition of Starvation as a Method of Warfare
International law prohibits the use of starvation against civilians and requires the facilitation of humanitarian relief.
Suggested Citation
Kajs, Lara. “Genocide in Gaza.” Dispatches from the Field. The Genocide Report, Washington, DC, 21 May 2024.
Photo Credit
Fars Photo of Destruction in Gaza Strip during 2023 War 18” by Saleb Najin and Anas Sharif. Licensed under CC BY 4.0
About TGR
The Genocide Report (TGR) publishes analysis and educational resources on conflict, international law, and atrocity prevention. Its work seeks to bridge academic research, field realities, and public understanding of mass violence and civilian protection.
About the Author
Lara Kajs is the founder and executive director of The Genocide Report, a Washington, DC-based educational nonprofit focused on atrocity prevention and international law. She is the author of several field-based books on conflict, displacement, humanitarian crises, and international humanitarian law, drawing on extensive research and field experience in Yemen, Syria, and Afghanistan. Her writing and public speaking focus on atrocity crimes, forced displacement, the protection of civilians, and the legal frameworks governing armed conflict.