International Crimes in Gaza: Developments in Monitoring and Accountability

Since 7 October 2023, international crimes have been committed on an almost daily, if not daily, basis in the Occupied Palestinian Territories, particularly Gaza. These crimes began with the atrocities committed by Hamas and other terrorist groups on 7 October 2023, which encompassed deliberately attacking civilians; murder; torture or cruel, inhuman or degrading treatment; sexual violence including rape; and the ongoing crime of hostage-taking.

After those attacks, from 8 October 2023, war crimes, crimes against humanity and genocide have been committed by Israel in Gaza. It is impossible to discuss all the crimes in one post (or even one journal article), as they include attacking hospitals, healthcare workers and medical transports; indiscriminate bombing; arbitrary imprisonment; denial of humanitarian relief; killing journalists; forcible transfer of population; perfidy; attacks against persons hors de combat; and many more. (And in other locations, there have been other crimes, such as attacks on peacekeepers and peacekeeping installations in Lebanon.)

Unfortunately, as yet, there has been no accountability for any perpetrators, or the state, for any of these atrocity crimes. This piece explores two recent reports that address different aspects of genocide in Gaza, and the current status of international cases. The reports are issued by UN entities, experts in their field, and are strong and influential pieces of analysis that are relied upon by courts, organisations and scholars in assessments of the law. The reports are non-binding and contain recommendations, although may be considered part of the body of soft law. There has been no significant pushback against these reports, which have been largely accepted (except for Israel, which rejects any form of legal statement or finding alleging it has breached international law).

In comparison, a conviction by the International Criminal Court (ICC) is binding on the convicted individual, and the jurisprudence of the ICC is influential in the application and development of international criminal law. The International Court of Justice (ICJ) issues advisory opinions, which are guidance on points of law and, while generally deemed not legally binding, it has been argued that the ICJ’s advisory opinions have binding force in some contexts and more recently that, as an authoritative articulation of what the law is, an advisory opinion is binding law. The ICJ’s rulings on contentious cases are binding on the state parties to the case (Art. 94 UN Charter).

Commission of Inquiry Report

In September 2025, the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel (mandated by the UN Human Rights Council and including Australian lawyer Chris Sidoti), issued an extensive report assessing whether genocide is being committed by Israel in Gaza, concluding that genocide is being committed.

The report details evidence from two years of investigation, referring to actions also previously assessed by organisations, experts and scholars to determine that Israel is committing genocide. The report covers four of the five crimes of genocide: killing members of the group; inflicting conditions of life calculated to bring about the group’s physical destruction; causing serious bodily or mental harm; and imposing measures intended to prevent births.

Facts on the ground noted by the Commission to evidence that these crimes of genocide are being committed include:

• Extensive killing of civilians (including children), who make up the majority of those killed in Gaza (at the time of writing, over 69,000 people have been killed);
• Starvation (a key part of the genocide process), which has led to the deaths of many Palestinians; malnutrition; and thirst or disease due to the denial of food, water, sanitation and healthcare.
• Over 170,000 injuries reported from the violence, and significant trauma experienced by residents of Gaza from the ongoing violence.
• Systematic sexual and gender-based violence, and substantial harm to the reproductive capacity of girls and women due to starvation and lack of sanitation and healthcare. The destruction of maternal healthcare has increased the number of miscarriages and childbirth complications.

The Commission also determined that this pattern of conduct and the statements made by Israel military and political leadership indicate genocidal intent, and the statements amount to direct and public incitement to genocide.

Report of the UN Special Rapporteur on Palestine

Francesca Albanese, the UN Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, has published multiple reports on genocide in Gaza. Her latest report, released in October 2025, focuses on genocide as a ‘collective crime’, emphasising the role of third states in the genocide, and therefore calling for state responsibility for those states violating international law.

The report details the involvement of third states through continued trade relations, ‘direct support, material aid, diplomatic protection and… active participation’. States implicated include the United States, Germany, Italy, the United Kingdom, China and Egypt, with the US and Germany noted as the most significant supporters including through the substantial provision of military equipment and weapons.

Australia and New Zealand are mentioned somewhat positively in the report as having ‘appeared at times to pressurize Israel’ and issuing sanctions against far-right politicians, and ‘some extremist settlers and organizations’ (paras. 22-23). But Australia’s provision of components for F-35 fighter jets is condemned (para. 40), along with its continuation of partial export licences for weapons (para. 42), and the fact that Australia may be in breach of its obligations under the Arms Trade Treaty.

International Court of Justice

The ICJ is currently the forum where (albeit slow) steps towards state accountability are taking place.

South Africa instituted proceedings against Israel in the International Court of Justice (ICJ) in December 2023, alleging breaches of the Genocide Convention. In January, March and May 2024, the ICJ issued three provisional measures orders, which found it plausible that there are violations of the Genocide Convention by Israel against Palestinians in Gaza (Jan, para. 54), and that Palestinians are a protected group under the Genocide Convention (Jan, para. 45). Through these three orders, the ICJ ordered Israel, inter alia, to take all measures to prevent the commission of genocide; ensure its military does not commit acts of genocide; prevent and punish incitement of genocide; and provide humanitarian aid to Palestinians in Gaza.

The case appears to be moving towards the merits stage, and Israel has been given two extensions of time to submit its written memorial, first to 12 January 2026, and more recently to 12 March 2026. This means that the merits stage will not be reached until at least 2027, although given that The Gambia v Myanmar merits case will be likely heard in 2026, four years after the Preliminary Objections Judgment in that case, it may be possible that the South Africa v Israel merits hearings are held later than 2027.

In March 2024, Nicaragua initiated proceedings against Germany, claiming that Germany is in breach of various international law obligations. Claims included breaches of international humanitarian law, by providing political, military and financial support to Israel, with awareness that that equipment is enabling Israel to perpetrate genocide and other atrocities; and breaches of Genocide Convention obligations to prevent genocide, with regards to Palestinians. The Court declined to issue provisional measures, and the case is moving to the preliminary objections phase, with written responses from Nicaragua due in February 2026.

Beyond the scope of this piece, but also relevant, are two recent ICJ Advisory Opinions (AO): in 2024, the AO on Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem, and in 2025, the AO on Obligations of Israel in relation to the Presence and Activities of the United Nations, Other International Organizations and Third States in and in relation to the Occupied Palestinian Territory. Both AOs have been explored in the blogosphere..

International Criminal Court

Individual accountability is also in motion, through the International Criminal Court (ICC) – although, again, slowly and with obstacles. The Office of the Prosecutor (OTP) of the ICC has been investigating the Situation in Palestine since March 2021. In November 2023, a referral of this Situation was lodged with the OTP by South Africa, Bangladesh, Bolivia, Comoros and Djibouti, with a subsequent referral in January 2024 from Chile and Mexico, rendering the process of investigation easier.

In May 2024, the Prosecutor filed applications for multiple arrest warrants relating to the Situation in Palestine, specifically related to atrocities committed on and after 7 October 2023. Three of the warrants were for Hamas leaders, who were subsequently confirmed killed in action, thus terminating ICC proceedings.

On the same day, the Pre-Trial Chamber also issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and then-Defence Minister Yoav Gallant, for war crimes and crimes against humanity. Notably, no charges of genocide have yet been brought, despite the multiple reports compiled by UN entities and other organisations detailing genocide in Gaza, and calls by scholars and lawyers to do so.

Netanyahu since travelled to Hungary, a (at least then) state party to the ICC’s Rome Statute. This resulted in a finding by the Pre-Trial Chamber that Hungary failed to comply with its obligations under the Rome Statute, and that this should be referred to the Assembly of States Parties (ASP). The referral was made by the Presidency of the ICC to the President of the ASP in late July 2025. The ASP will take up the matter at its next session in early December 2025. Other states have allowed Netanyahu to fly through their airspace, although he still flew to avoid certain states that he knew would enforce the arrest warrant, so there is some element of deterrence and limitation for Netanyahu.

The Ceasefire

The so-called ‘ceasefire’ that was brokered in October 2025 that has been consistently broken since does not change the categorisation of the crimes that have occurred in Gaza over the past two years. And what is significantly absent from any of the ceasefire discussions is mention of accountability, for either side, for any crimes committed.

While there is, for example, for the Ukraine-Russia conflict, an entire project dedicated to peace settlement initiatives, that includes multiple settlement options that deal with accountability, there is no equivalent discussion for Palestine.

The key players in the peace negotiations, most notably, the United States, make no mention of accountability for the atrocity crimes committed. No doubt this is due to the close relationship between the US and Israel, in particular the significant military, political and financial support from the US for Israel (as detailed in Albanese’s report) that would render the US (at least) complicit in the war crimes, crimes against humanity, and genocide in Gaza. In fact, the US leadership seems focused on turning Gaza into a real estate development. The responsibility of third states in the case of Gaza has also been recognised by the ICJ in its orders on provisional measures.

Thus, accountability for the atrocities committed over the past two years in Gaza remains the task of the wider international community: The international courts, and states committed to accountability and justice for such crimes. States who will either implement universal jurisdiction and try these perpetrators in their own courts or carry out their ICC obligations to surrender wanted fugitives.