International law

International law

The key international legal instruments and rulings concerning Palestine.

UN Commission: Continuing genocide in Gaza and war crimes in the West Bank

According to the press release dated 26 October 2026, the UN Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel concludes that Israeli authorities and forces continue to commit genocidal acts in Gaza with the intent to destroy Palestinians, in whole or in part — even after the so-called ceasefire agreement.

Report A/81/430 describes Israeli military operations and settler violence in the West Bank as a widespread and systematic attack against the civilian population. The Commission concludes that war crimes and crimes against humanity have been committed, including extermination, persecution, torture, rape and other forms of sexual violence. It also finds that Palestinian children have been deliberately targeted on the basis of their age (paragraphs 43–57).

The Commission recommends that Israel immediately end the genocide in Gaza, comply with ICJ orders and end the unlawful occupation, remove settlements and return confiscated land. All Member States are urged to prevent and punish genocide, refrain from supporting the unlawful occupation and cooperate with the ICC.

The report also finds that the Palestinian Authority has violated the rights to life and personal security and repressed journalists and human rights defenders. The Commission calls for independent investigations and effective remedies for victims (paragraphs 74–76).

Source: the supplied press release dated 26 October 2026 and report A/81/430, dated 14 October 2026 (advance unedited version). These are findings of the Commission of Inquiry, not a judgment by the ICJ or ICC.

Read report A/81/430 (PDF, English)
§1

The Genocide Convention (1948)

The UN Convention on the Prevention and Punishment of the Crime of Genocide defines genocide as acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group — including killing, causing serious bodily or mental harm, and deliberately inflicting conditions of life calculated to bring about its physical destruction. Every state party, including Denmark, is obliged to prevent and punish genocide.

§2

ICJ: South Africa v. Israel (2024–)

In December 2023 South Africa instituted proceedings against Israel at the International Court of Justice under the Genocide Convention. On 26 January 2024 the Court found it plausible that Palestinians' rights under the Convention were at risk and ordered provisional measures. Further orders followed in March and May 2024, including on ensuring humanitarian access and halting the military offensive in Rafah.

§3

ICJ advisory opinion on the occupation (July 2024)

On 19 July 2024 the ICJ concluded that Israel's continued presence in the Occupied Palestinian Territory is unlawful and must end as rapidly as possible, that settlement activity must cease, and that all states are obliged not to recognise or assist the unlawful situation.

§4

International Criminal Court (ICC)

On 21 November 2024 the ICC issued arrest warrants for Israel's prime minister and former defence minister on suspicion of war crimes and crimes against humanity, including starvation as a method of warfare. All ICC member states, including Denmark, are obliged to cooperate with the Court.

§5

UN Commission of Inquiry (2025)

In September 2025 the UN Independent International Commission of Inquiry on the Occupied Palestinian Territory concluded that Israel has committed genocide in Gaza, in line with assessments by UN Special Rapporteurs and numerous human rights organisations.

§6

Obligations of states

The duty to prevent genocide arises once a state learns of a serious risk. It can require halting arms exports, withholding economic or military support, and cooperating with international courts.