More than 14,500 children have been killed in Gaza since October 7, 2023. At least 181 journalists and media workers have died, most of them Palestinians. And with more than 54,000 Palestinian fatalities reported overall, international lawyers, humanitarians and diplomats are raising urgent questions about whether Israel’s conduct in its war against Hamas amounts to war crimes– or even genocide.
Those questions have now reached the highest levels of international justice. The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant, accusing them of using starvation as a weapon of war and committing crimes against humanity. The International Court of Justice (ICJ) is also considering a genocide case brought by South Africa.
Israel firmly denies the allegations and maintains that it is acting in self-defence following the Hamas-led attack that killed 1,200 people, mostly civilians, on October 7. Israeli officials argue their operations are aimed at dismantling Hamas while minimizing civilian casualties.
But critics, including former allies and legal scholars, say the scale of destruction, the targeting of vital infrastructure, and severe restrictions on humanitarian aid violate international law.
Heavy toll on civilians and media draws global condemnation
Since the war began, Gaza has endured continuous airstrikes, ground operations, and blockades that have decimated infrastructure and left large portions of the population without access to food, water, or medical care.
According to UNICEF, at least 14,500 Palestinian children have been killed and 17,000 others are orphaned or separated from their families. The region now has the highest percentage of child amputees in the world. Aid groups say Gaza is on the brink of famine.
In addition to the staggering child death toll, 181 journalists and media workers have been killed, nearly all of them Palestinian, the Committee to Protect Journalists reports. Israel has barred international journalists from entering Gaza, making independent verification of battlefield conditions extremely difficult.
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View AllA British government minister told the BBC that Israel was using hunger as a “weapon of war”– a term that international law defines as a war crime. Israeli Defense Minister Gallant stated in October that there would be “no electricity, no food, no fuel” in Gaza, calling Palestinians “human animals” as he ordered a complete siege.
Legal experts say evidence of war crimes is growing
The ICC arrest warrants for Netanyahu and Gallant mark a historic development. The court alleges that the two men bear responsibility for war crimes and crimes against humanity, including persecution, murder, and the use of starvation as a method of warfare.
Legal scholars say the case is credible. Lord Jonathan Sumption, a former UK Supreme Court justice, said Israel’s actions fit the legal definition of genocide if the intent is to destroy a group in whole or in part. “Statements by Netanyahu and his ministers suggest that the object of current operations is to force the Arab population of Gaza to leave by killing and starving them if they stay,” Sumption wrote. “These things make genocide the most plausible explanation for what is now happening."
UCL professor of law Ralph Wilde agrees. “Unfortunately, yes," he said. “There is now no doubt legally as to that.”
Baroness Helena Kennedy, a senior British barrister and ICC advisor, cautioned against the casual use of the word genocide but said the case must be taken seriously. “We’re not seeing justice,” she said. “We’re seeing grievous crimes against humanity.”
Israel defends its actions, lashes out at critics
Israeli officials strongly reject the accusations, calling them politically motivated and antisemitic. Netanyahu has likened the ICC warrant to the infamous Dreyfus trial, in which a Jewish French army officer was wrongly convicted of treason in 1894. “No war is more just than the war Israel has been waging in Gaza,” Netanyahu said in a recent statement.
Boaz Bismuth, a member of Netanyahu’s Likud party, said Israel’s actions are not genocidal. “How can you accuse me of ethnic cleansing when I’m moving population inside Gaza to protect them? How can you accuse me when I lose soldiers in order to protect my enemies?” he said.
Yet many former allies are growing critical. France, the UK and Canada have openly questioned Israel’s use of food blockades and its handling of the war. The U.S., Israel’s closest ally, remains publicly supportive but has urged restraint and allowed some aid to flow into Gaza.
Critics say the American stance is increasingly isolated. On June 4, the U.S. vetoed a UN Security Council resolution calling for an unconditional and permanent ceasefire. The next day, Washington sanctioned four ICC judges involved in the arrest warrants.
Jan Egeland, head of the Norwegian Refugee Council and a former UN humanitarian chief, said the West’s response has been a failure of leadership. “I haven’t seen a population being so trapped for such a long period of time in such a small, besieged area,” he said. “Indiscriminate bombardment, denied journalism, denied healthcare. Very little has happened.”
Calls grow for accountability and access
The International Committee of the Red Cross (ICRC), the guardian of the Geneva Conventions, has been vocal in its alarm. ICRC President Mirjana Spoljaric said both Israel and Hamas are violating the laws of war, but the scale of civilian suffering in Gaza is without precedent.
“Humanity is failing in Gaza,” Spoljaric said. “It is surpassing any acceptable, legal, moral, and humane standard. The level of destruction, the level of suffering. It should really shock our collective conscience… We are seeing things happening that will make the world an unhappier place far beyond the region.”
She stressed that “a child in Gaza has exactly the same protections under the Geneva Conventions as a child in Israel.”
With both sides under scrutiny– Hamas also faces ICC warrants– human rights advocates say accountability must apply to all actors. But the growing body of evidence against Israel, combined with limited media access and a rising civilian death toll, has intensified the international spotlight.
What happens in Gaza will shape the legacy of this war — and possibly the credibility of the rules that are meant to protect civilians in conflict zones around the world.