Why the UN Commission of Inquiry’s report on Palestine opens a new window to test Israel’s ‘Genocide’ charges

“You will die, your children will die, your grandchildren will die, there won’t be a Palestinian state, there won’t be.”

 – Hanoch Milwidsky, Member of the Knesset, February 21, 2024

‘THE ESSENCE OF CHILDHOOD HAS BEEN DESTROYED’ writes the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel, which last month published a comprehensive report on Israel’s targeting of Palestinian Children in the ongoing conflict in Gaza between October 7, 2023 and March 31, 2026. 

Unlike previous reports, which examined civilian harm more broadly, this report adopts a child-centered approach, examining how the conflict has affected every aspect of childhood, including physical survival, health, education, family life, mental wellbeing and future development. The Commission argues that Palestinian children have suffered not merely incidental harm resulting from military operations, but have been exposed to a pattern of violence that has fundamentally altered the conditions necessary for childhood itself.

Beyond battlefield casualties, the Commission examined the cumulative effects of military operations, displacement, detention, destruction of civilian infrastructure and prolonged humanitarian deprivation. The report, therefore, presents childhood as a legal and humanitarian category deserving special protection under international law and argues that the systematic erosion of these protections has produced long-term consequences extending beyond immediate physical injury. The report demonstrates that beyond solely mortality figures, children’s victimization should also be measured by considering developmental, psychological and societal harms.

The commission points out grave violations of international criminal law and international humanitarian law. It finds evidence of both, violations of customary international humanitarian law and triggering of Articles of the Rome Statute, particularly on Articles 7 (Crimes Against Humanity); Article 8 (War Crimes). While it steps short of concluding on genocidal intent, it does say that various elements of actus reus under Article 6 of the Statute are satisfied. 

In this report, we critically examine the Commission’s conclusions through the broader framework of international criminal law, analysing its findings on war crimes, crimes against humanity and violations of international humanitarian law, while assessing their legal basis and interrelationship. Our principal focus, however, is on the report’s significance for the crime of genocide. Although the Commission stops short of concluding that genocidal intent has been established, we examine whether its extensive factual findings provide additional evidentiary support for inferring the specific intent (dolus specialis) required under Article 6 of the Rome Statute.

While South Africa’s case against Israel for violation of the Genocide Convention remains open, we also analyse how the Commission’s reasoning may shape the evolving jurisprudence on proving genocidal intent, alongside an evaluation of the principal legal defences advanced by Israel.

Key Findings of the Report: A Summary

The Commission concludes that Palestinian children have suffered systematic, widespread and multidimensional harm since October 7, 2023. Drawing upon witness testimony, medical records, satellite imagery, forensic analysis and digital verification, the report documents patterns of violence extending far beyond battlefield casualties. It finds that children have been affected physically, psychologically, socially and developmentally through military operations, prolonged occupation policies and the collapse of civilian infrastructure. Together, these findings portray a cumulative assault on every dimension of childhood.