Is the Israel-Hamas War a Genocide or Self-Defense?

A detailed analysis by military experts at the Modern War Institute (West Point) documents Israel’s extensive use of pre-strike warnings—leaflets, phone calls, SMS, and rooftop knock bombs—and its creation of humanitarian corridors and safe zones. The report argues that while civilian casualties are tragically high, Israel’s operational precautions exceed those of any previous urban military campaign, including US operations in Mosul and Raqqa, and are consistent with the legal requirement of distinction under international law. It also cites specific instances where Israel delayed or canceled strikes to avoid civilian harm.

The UN Office for the Coordination of Humanitarian Affairs (OCHA) and the Israeli government’s official report document that on October 7, 2023, Hamas and affiliated militants killed 1,139 people in Israel, including 695 Israeli civilians, 71 foreigners, and 373 security forces. The report details evidence of mass rape, beheadings, and the taking of 240 hostages, with the UN later adding that sexual violence was likely committed in multiple locations. This establishes the existential nature of the threat Israel faced, which under Article 51 of the UN Charter justifies a military response in self-defense.

In its landmark ruling on January 26, 2024, the International Court of Justice (ICJ) found it ‘plausible’ that Israel’s military operation in Gaza violates the Genocide Convention. The court cited Israeli officials’ dehumanizing statements (e.g., Defense Minister Yoav Gallant’s ‘human animals’ remark) and the cumulative impact of mass civilian deaths (over 25,000 at the time), displacement of 85% of the population, and destruction of medical and agricultural infrastructure as evidence of potential genocidal intent. The ICJ ordered Israel to take all measures to prevent acts of genocide and to enable humanitarian aid.

A comprehensive investigation by Amnesty International and corroborated by satellite data from the UN Satellite Centre (UNOSAT) reveals that Israel’s bombing campaign has destroyed or damaged over 70% of all residential buildings in Gaza, 80% of commercial facilities, and 60% of water and sanitation infrastructure. As of July 2024, the Palestinian Ministry of Health reports over 38,000 deaths, with women and children comprising 70% of identified victims. The report argues that the scale and targeting of civilian infrastructure, combined with a near-total blockade on food and medicine, goes beyond legitimate military objectives and constitutes collective punishment and a deliberate policy of ethnic cleansing.