Conclusion:
"
251. The Commission’s analysis in this report relates solely to the determination
of genocide under the Genocide Convention as it relates to the responsibility of the
State of Israel both for the failure to prevent genocide, for committing genocide
against the Palestinians in Gaza since October 2023 and for the failure to punish
genocide. The Commission also notes that, while its analysis is limited to the
Palestinians specifically in Gaza during the period since 7 October 2023, it
nevertheless raises the serious concern that the specific intent to destroy the
Palestinians as a whole has extended to the rest of the occupied Palestinian territory,
that is, the West Bank, including East Jerusalem, based on Israeli authorities’ and
Israeli security forces’ actions therein, and to the period before 7 October 2023. The
events in Gaza since 7 October 2023 have not occurred in isolation, as the
Commission has noted. They were preceded by decades of unlawful occupation and
repression under an ideology requiring the removal of the Palestinian population
from their lands and its replacement.
252. The Commission concludes on reasonable grounds that the Israeli
authorities and Israeli security forces have committed and are continuing to
commit the following actus reus of genocide against the Palestinians in the Gaza
Strip, namely (i) killing members of the group; (ii) causing serious bodily or
mental harm to members of the group; (iii) deliberately inflicting on the group
conditions of life calculated to bring about its physical destruction in whole or
in part; and (iv) imposing measures intended to prevent births within the group.
253. On incitement to genocide, the Commission concludes that Israeli
President Isaac Herzog, Prime Minister Benjamin Netanyahu and then Defence
Minister Yoav Gallant, have incited the commission of genocide and that Israeli
authorities have failed to take action against them to punish this incitement.
The Commission has not fully assessed statements by other Israeli political and
military leaders, including Minister for National Security Itamar Ben-Gvir and
Minister for Finance Bezalel Smotrich, and considers that they too should be
assessed to determine whether they constitute incitement to commit genocide.
254. On the mens rea of genocide, the Commission concludes that statements
made by Israeli authorities are direct evidence of genocidal intent. In addition,
the Commission concludes that the pattern of conduct is circumstantial evidence
of genocidal intent and that genocidal intent was the only reasonable inference
that could be drawn from the totality of the evidence. Thus, the Commission
concludes that the Israeli authorities and Israeli security forces have had and
continue to have the genocidal intent to destroy, in whole or in part, the
Palestinians in the Gaza Strip.
255. The Commission concludes that the State of Israel bears responsibility
for the failure to prevent genocide, the commission of genocide and the failure
to punish genocide against the Palestinians in the Gaza Strip."