Flag of Palestine The Documented Record Israel & the Occupied Territories · 1917–2026
Casualty data 10 September 2026
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Legal

The findings and the instruments they rest on

The parts of the report that state the legal case: genocide, apartheid, the comprehensive synthesis, the international verdict, the assessment of Hamas's conduct on 7 October under the same standards, and the instruments cited throughout. The full text of each appears here; every other part is in Evidence.

3
ICJ provisional measures
26 January, 28 March and 24 May 2024 — binding orders on the plausible risk of genocide
2
ICC arrest warrants
Netanyahu and Gallant, 21 November 2024 — starvation as a method of warfare
25
Institutions finding genocide
courts, UN mechanisms, genocide scholars, human-rights organisations, and Israeli, Palestinian and Jewish bodies (§15.8)
157
States recognising Palestine
of 193 UN member states — 81% of the international community
The determination

Who has found genocide, and when

The answer to but who is actually calling it genocide? is the list itself. Each finding below was reached independently, on the institution's own evidence and under its own procedure. Hover any point for the finding and its terms.

Every determination on one axis

One dot per finding, placed on the date it was published. Institutions that have made a determination without a single dated report are counted in the chart below but not plotted here.

§15.8

Interactive chart — open it in the live record.

Determinations by class of institution

Counting institutions, not statements. The roster crosses courts, the UN's own machinery, the genocide-scholarship field, and Israeli, Palestinian and Jewish organisations.

§15.8

Interactive chart — open it in the live record.

The determination is not a fringe position and it is not a single body's view. It has been reached by the UN's own investigative machinery, the world's principal genocide-scholars' association, the three leading global human-rights organisations, Israeli and Jewish bodies, Palestinian human-rights institutions, and major faith and humanitarian organisations. The open question is not whether serious institutions have made the finding — they have, repeatedly and independently — but whether states will act on the duty to prevent that the finding triggers.

The elements

Each crime, tested element by element

A crime is not proved in the round; it is proved element by element, and the defence of this conduct is almost always a defence of one element in isolation. Both crimes are set out below as the instruments define them, with the evidence that answers each part placed beside it. Every cell names the section it came from; where nothing supplies a cell, it says so.

Genocide Convention, Article II

In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:Convention on the Prevention and Punishment of the Crime of Genocide (1948), Article II

Article II lists five acts. A finding of genocide requires one of them, committed with the specific intent the chapeau describes. Each row below is one act, set against what the record counts, who has found it, and what was said at the time by people with the authority to order it.

The element What the record countsThe figure, and the chart that plots it.Who has found itThe court, inquiry or mandated body that has made the finding on this element.What was saidThe contemporaneous statement by a person in authority that speaks to the element.
(a) Killing members of the group

73,651 identified killed by 5 September 2026, of whom the Commission of Inquiry counted 20,179 children in the first two years alone — roughly 30 per cent of all fatalities, against about 24 per cent in the 2008–09 and 2014 Gaza conflicts. The Lancet’s capture–recapture survey put violent deaths 34.7 per cent above the Ministry count for the same window.

§6.3See the chart

International Court of Justice, 26 January 2024: a plausible risk of genocide, with binding provisional measures under Article 41 of the Statute. UN Commission of Inquiry, 16 September 2025 and again on 23 June 2026 on the targeting of children.

§15.8See the chart

Defence Minister Yoav Gallant, 9 October 2023: “We are fighting human animals, and we are acting accordingly.” Major General Ghassan Alian, head of COGAT, the next day: “Human animals must be treated as such… You wanted hell, you will get hell.”

§6.2Read the section

(b) Causing serious bodily or mental harm to members of the group

174,575 injured as of September 2026, in a health system with 19 of 36 hospitals even partially functional. More than 20,000 amputees, including thousands of children — the highest per-capita rate of child amputation recorded in any modern conflict. Gaza medics coined a category that did not previously exist in medicine: Wounded Child, No Surviving Family.

§6.3See the chart

UN Commission of Inquiry, March 2025: sexual and gender-based violence used as a method of war, under either explicit orders or implicit encouragement from the top of the civilian and military leadership.

§6.3See the chart

Member of Knesset Michal Waldiger, 13 May 2025: “There are no uninvolved in Gaza… It is a shame that what’s been done in Gaza didn’t get worse.”

§6.2Read the section

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part

A total aid blockade imposed on 2 March 2025. Famine formally declared by the IPC in Gaza Governorate on 22 August 2025 — the first such declaration in the Middle East since the system was created. At least 440 people had starved to death by September 2025, 147 of them children. Between 17 August and 5 September 2025, 49 per cent of the population had less than six litres of drinking water a day.

§6.3See the chart

International Criminal Court, Pre-Trial Chamber I, 21 November 2024: arrest warrants for Netanyahu and Gallant charging starvation as a method of warfare, Rome Statute Article 8(2)(b)(xxv). Human Rights Watch, World Report 2026: the denial of water “amounts to the crime against humanity of extermination and a genocidal act”.

§6.3See the chart

Gallant, 9 October 2023, in the same order: “I have ordered a complete siege on the Gaza Strip. There will be no electricity, no food, no fuel, everything is closed.”

§6.2Read the section

(d) Imposing measures intended to prevent births within the group

Maternal mortality at three times the pre-war rate; miscarriages up to 300 per cent higher; 70 per cent of newborns classified premature or underweight by March 2026; more than 15,000 women carrying dangerous pregnancies without prenatal care. Médecins Sans Frontières documented caesareans performed without anaesthesia.

§6.3

UN Commission of Inquiry, March 2025, on the systematic destruction of women’s health facilities, and 23 June 2026, characterising the collapse of maternity and neonatal care as measures imposed to prevent births within the protected group.

§6.3Read the section

The record carries no statement directed at births as such. This element rests on the pattern of the acts and on the Commission’s characterisation of them, not on an admission — which is how Article II(d) is ordinarily proved.

§6.3

(e) Forcibly transferring children of the group to another group

Children separated from their families in Israeli detention. The report treats the wider displacement — 1.9 million people, over 80 per cent of the population — under Rome Statute Article 7(1)(d), deportation or forcible transfer of population, rather than under this sub-paragraph, which is narrower than the displacement figure suggests.

§6.3See the chart

UN Human Rights Office, 4 September 2026: the displacement is “large-scale, long-term and systematic”, raising serious concerns of the crime against humanity of forcible transfer.

§6.3Read the section

National Security Minister Itamar Ben-Gvir, 2023: “We will encourage voluntary transfer of all Gazan citizens… because that land belongs to us.” Communications Minister Shlomo Karhi, 2025: “‘Voluntary’ is at times a state you impose on someone until they give their consent.”

§6.2Read the section

Article II requires one act, not all five. Setting the five side by side is not a claim that each is equally evidenced; it is the standard way the elements of the crime are tested, and the empty places are left visible rather than filled.

The crime of apartheid, three elements

Inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalised regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime.Rome Statute Article 7(2)(h); International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), Article II

Apartheid is not a comparison to South Africa. It is a codified crime with three elements, and §4.2 of the report states that Israel meets all three. The grid below is that statement, filled in.

The element What the record countsThe figure, and the chart that plots it.Who has found itThe court, inquiry or mandated body that has made the finding on this element.What was saidThe contemporaneous statement by a person in authority that speaks to the element.
1 An institutionalised regime of systematic oppression and domination by one racial group over another

Two legal systems on one territory: West Bank Palestinians under military law and military courts, settlers in the same territory under Israeli civil law. Basic Law: Israel as the Nation-State of the Jewish People, passed 19 July 2018, contains no commitment to equality and makes Jewish settlement a national value. Adalah catalogues more than 65 discriminatory laws.

§4.3See the chart

ICJ Advisory Opinion, 19 July 2024, on systematic racial discrimination and segregation; the Declaration of President Nawaf Salam found conduct “tantamount to apartheid” and Judge Dire Tladi reached the same conclusion separately. UN ESCWA, 2017. Special Rapporteur Michael Lynk, 2022.

§4.2See the chart

Judge Salam cited Netanyahu’s own commitment to “promote and expand settlement in all areas of the Land of Israel” as direct evidence of the discriminatory intent the crime requires.

§4.2Read the section

2 Inhumane acts — the physical conduct of the regime

Administrative detention without charge; home demolition and permit refusal running unbroken from 1948; 4,554 recorded settler attacks; a documented two-tier open-fire policy under which the rules depend on the ethnicity of the person in front of the soldier.

§9.4See the chart

Amnesty International, 2022, a 280-page analysis applying the Apartheid Convention and Rome Statute thresholds. Human Rights Watch, 2021. The Israeli organisations B’Tselem, January 2021, and Yesh Din, 2020. South Africa’s HSRC, 2009.

§4.2See the chart

The open-fire policy is itself the admission: §9.4 records it as a documented two-tier rule, not an inference drawn from outcomes.

§9.4

3 Committed with the intention of maintaining that regime

More than 700,000 settlers in the occupied West Bank and East Jerusalem, a population that has grown in every year of every peace process; settlement expansion continuing after the ICJ required the occupation to end.

§4.3See the chart

ICJ Advisory Opinion, 19 July 2024: the occupation is unlawful and must end as rapidly as possible. Security Council Resolution 2334 (2016): the settlements have no legal validity.

§15.1See the chart

The admissions are Israeli and they are from the top of the state: former Prime Minister Ehud Barak on the “slippery slope to apartheid”; former Attorney General Michael Ben-Yair, “Israel today is an apartheid regime”; former Mossad Director Tamir Pardo, 2023, “There is an apartheid state here.”

§4.2Read the section

The Apartheid Convention has 109 states parties. Israel is not one, and neither is the United States; the Rome Statute definition binds regardless, and it is the definition the ICJ and the two Israeli organisations above applied.

The instruments

What the findings rest on

Every finding in the record is an application of an instrument that already existed. This is the map of which body relied on which text. Nothing here is a novel legal theory: the newest instrument on the ring was drafted in 1998, and the oldest in 1907.

Which finding rests on which instrument

Instruments on the outer ring in amber; the bodies that relied on them coloured by class. Hover any node for what it is, or any edge for the article cited.

Appendix A + §15.8

Interactive chart — open it in the live record.

Drawn from Appendix A of the report and from the determinations roster in §15.8. Instruments are placed on the outer arc in amber; the bodies that have relied on them are coloured by class. An edge means the finding cites the instrument, not that the instrument was the only basis for it.

The duty to prevent

The duty to prevent, state by state

Bosnia v Serbia (2007) holds that the duty to prevent genocide arises the moment a state learns of a serious risk, not when a judgment arrives. The ICJ’s order of 26 January 2024 is that moment. Every state below has had since then to act, and this is what each has done.

G20 members are marked. And the year it did so. 157 of the 193 UN member states now do. Halted, restricted in part, or continuing. Blank where the state is not recorded as a supplier. On Israeli ministers, on settlers, or on settlement goods. Applicant in South Africa v Israel, or a declaration of intervention under Article 63. Share of Israel’s major conventional arms imports, 2020–2024 (SIPRI).
ArgentinaG20 Yes 2010
AustraliaG20 Yes 2025 Ministers
Belgium No Restricted Settlers Intervened
Bolivia Yes 2010 Intervened
BrazilG20 Yes 2010 Intervened
CanadaG20 Yes 2025 Restricted Ministers Settlement goods
Chile Yes 2011 Intervened
ChinaG20 Yes 1988
Colombia Yes 2018 Halted Intervened
Cuba Yes 1988 Intervened
Fiji No Intervened
FranceG20 Yes 2025 Settlers Settlement goods
GermanyG20 No Continuing Settlers 33%
Hungary Yes 1988 Settlers Intervened
Iceland Yes 2011 Settlement goods Intervened
IndiaG20 Yes 1988
IndonesiaG20 Yes 1988
Ireland Yes 2024 Settlers Settlement goods Intervened
ItalyG20 No Restricted Settlers 0.6%
JapanG20 No
Libya Yes 1988 Intervened
Maldives Yes 1988 Intervened
MexicoG20 Yes 2025 Intervened
Namibia Yes 1988 Intervened
Netherlands No Restricted Settlers Intervened
New Zealand No Ministers
Nicaragua Yes 1988 Intervened
Norway Yes 2024 Ministers Settlement goods
Paraguay Yes 2005 Intervened
RussiaG20 Yes 1988
Saudi ArabiaG20 Yes 1988
Slovenia Yes 2024 Halted Settlers
South AfricaG20 Yes 1995 Applicant
South KoreaG20 No
Spain Yes 2024 Halted Settlers Settlement goods Intervened
TurkeyG20 Yes 1988 Halted Intervened
United KingdomG20 Yes 2025 Restricted Ministers Settlement goods
United StatesG20 No Continuing Intervened 66%

The rows are the G20, the parties to the ICJ case, the states that have restricted arms transfers, and the five states that sanctioned Ben-Gvir and Smotrich in June 2025. Intervening at the ICJ under Article 63 concerns the construction of the Genocide Convention and is not in itself support for either party — the United States and Hungary both filed. Sort any column by pressing its heading. The G20’s nineteen member states. The European Union and the African Union are also members and are not states.

Compiled from the recognition, sanctions and ICJ records in data/world-positions.json and the embargo and arms-supplier records in data/long-record.json, both of which carry their own sources.

Recognition

The State of Palestine, state by state

Documented waypoints, not a continuous series. Contemporaneous counts for the late 1980s and early 1990s conflict between sources, so only figures attributable to a named source on a named date are plotted.

States recognising Palestine, 1988–2025

Documented waypoints. Hover each for what happened and who recognised.

§15.1

Interactive chart — open it in the live record.

Where the count stands

157 of 193 UN member states, including 14 of the 19 G20 member states.

§15.1

Interactive chart — open it in the live record.

The remaining 36 are predominantly the United States, Germany, Italy, Japan, South Korea and a number of Pacific and Caribbean states historically aligned with US foreign policy.

The full text

The parts that state the case

PART XV - THE INTERNATIONAL VERDICT