Leading genocide scholars organization says Israel is committing genocide in Gaza

THE HAGUE, Netherlands (AP) — The largest professional organization of scholars studying genocide said Monday that Israel is committing genocide in Gaza.

The determination by the International Association of Genocide Scholars — which has around 500 members worldwide, including a number of Holocaust experts — could serve to further isolate Israel in global public opinion and adds to a growing chorus of organizations that have used the term for Israel’s actions in Gaza. Israel rejects the accusation and called the resolution an “embarrassment to the legal profession.”

“Israel’s policies and actions in Gaza meet the legal definition of genocide,” according to group's resolution.

“People who are experts in the study of genocide can see this situation for what it is,” Melanie O’Brien, the organization’s president and a professor of international law at the University of Western Australia, told The Associated Press.

The resolution was supported by 86% of those who voted. O’Brien said 28% of members participated — a rate that’s typical for the group’s resolutions. Voting is held by email, according to the group’s bylaws, and members have 30 days to reply.

In the Oct. 7, 2023, attack that sparked the war, Hamas-led militants killed some 1,200 people, mostly civilians, and abducted 251. Forty-eight hostages remain in Gaza, around 20 of whom Israel believes are alive.

In Israel’s ensuing offensive, large swaths of Gaza have been leveled and most of the territory’s over 2 million people have been displaced. More than 63,000 Palestinians have died, according to Gaza’s Health Ministry, which does not say how many were fighters or civilians but that around half have been women and children.

The ministry is part of the Hamas-run government and staffed by medical professionals. The United Nations and independent experts consider it the most reliable source on war casualties. Israel disputes the figures but has not provided its own.

The scholars' resolution accused Israel of crimes including "indiscriminate and deliberate attacks against the civilians and civilian infrastructure” in Gaza and called on Israel to “ immediately cease all acts that constitute genocide, war crimes and crimes against humanity against Palestinians in Gaza.”

It begins with an acknowledgment that Hamas’ attack “constitutes international crimes.”

Genocide was codified in a 1948 convention drawn up after the horrors of the Holocaust that defines it as acts “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.” The U.N. and many Western countries have said only a court can rule on whether the crime has been committed. A case against Israel is before the U.N.’s highest court.

Israel — founded in part as a refuge in the wake of the Holocaust, when some 6 million European Jews were murdered — vehemently denied it is committing genocide.

“The IAGS has set a historic precedent — for the first time, ‘Genocide Scholars’ accuse the very victim of genocide — despite Hamas’s attempted genocide against the Jewish people,” Israel's Foreign Ministry said in a statement. “Disgraceful.”

Israel says Hamas is prolonging the war by not surrendering and releasing the hostages. In recent days, it began the initial stages of a new offensive and declared Gaza City a combat zone.

The scholars group, founded in 1994, has previously held that China’s treatment of the minority Muslim Uyghurs and Myanmar’s crackdown on Rohingya Muslims meet the threshold for genocide.

In 2006, the organization said statements by then-Iranian President Mahmoud Ahmadinejad, in which he called for Israel to be “wiped off the map,” had “genocidal intent.”

In July, two prominent Israeli rights groups — B’Tselem and Physicians for Human Rights-Israel — said their country is committing genocide in Gaza. The organizations do not reflect mainstream thinking in Israel, but it marked the first time that local Jewish-led organizations have made such accusations.

International human rights groups have also leveled the allegation.

Meanwhile, South Africa has accused Israel of breaching the Genocide Convention at the International Court of Justice — an allegation Israel rejects.

The court does not have a police force to implement its ruling, which could take years, but if a nation believes another member has failed to comply with an ICJ order, it can report that to the U.N. Security Council.

The council is able to impose sanctions and even authorize military action, but each of the five permanent members holds a veto, including Israel's staunchest ally, the United States. U.S. President Donald Trump has said he does not believe genocide is taking place.

This story was first published on Sep. 1, 2025. It was updated on Sep. 2, 2025, to add that 28% of the organization’s members participated in the vote.

Displaced Palestinians fleeing northern Gaza Strip move with their belongings along the Sea Road, near Wadi Gaza, Saturday, Aug. 30, 2025. (AP Photo/Abdel Kareem Hana)

An Israeli armored vehicle moves in an area in the Gaza Strip, as seen from southern Israel, Sunday, Aug. 31, 2025. (AP Photo/Maya Levin)

Relatives and supporters of hostages held by Hamas in the Gaza Strip take part in a protest demanding their immediate release and against the Israeli offensive in Gaza City, as they gather in Tel Aviv, Sunday, Aug. 31, 2025. (AP Photo/Mahmoud Illean)

Palestinians carry the body of a family member killed in an Israeli military strike as they gather outside Al-Aqsa Hospital in Deir al-Balah, in the central Gaza Strip, Monday, Sept. 1, 2025. (AP Photo/Abdel Kareem Hana)

Smoke rises to the sky following an Israeli military strike in the northern Gaza Strip, as seen from southern Israel, Sunday, Aug. 31, 2025. (AP Photo/Maya Levin)

A federal appeals panel on Thursday reversed a lower court decision that released former Columbia University graduate student Mahmoud Khalil from an immigration jail, bringing the government one step closer to detaining and ultimately deporting the Palestinian activist.

The three-judge panel of the 3rd U.S. Circuit Court of Appeals didn’t decide the key issue in Khalil’s case: whether the Trump administration’s effort to throw Khalil out of the U.S. over his campus activism and criticism of Israel is unconstitutional.

But in its 2-1 decision, the panel ruled a federal judge in New Jersey didn’t have jurisdiction to decide the matter at this time. Federal law requires the case to fully move through the immigration courts first, before Khalil can challenge the decision, they wrote.

“That scheme ensures that petitioners get just one bite at the apple — not zero or two,” the panel wrote. “But it also means that some petitioners, like Khalil, will have to wait to seek relief for allegedly unlawful government conduct.”

Thursday’s decision marked a major win for the Trump administration’s sweeping campaign to detain and deport noncitizens who joined protests against Israel.

Tricia McLaughlin, a Homeland Security Department spokesperson, called the ruling “a vindication of the rule of law.”

In a statement, she said the department will “work to enforce his lawful removal order” and encouraged Khalil to “self-deport now before he is arrested, deported, and never given a chance to return.”

It was not clear whether the government would seek to detain Khalil, a legal permanent resident, again while his legal challenges continue.

In a statement distributed by the American Civil Liberties Union, Khalil called the appeals ruling “deeply disappointing."

“The door may have been opened for potential re-detainment down the line, but it has not closed our commitment to Palestine and to justice and accountability," he said. "I will continue to fight, through every legal avenue and with every ounce of determination, until my rights, and the rights of others like me, are fully protected.”

Baher Azmy, one of Khalil's lawyers, said the ruling was “contrary to rulings of other federal courts."

“Our legal options are by no means concluded, and we will fight with every available avenue,” he said.

The ACLU said the Trump administration cannot lawfully re-detain Khalil until the order takes formal effect, which won't happen while he can still immediately appeal.

Khalil’s lawyers can request that the panel's decision be set aside and the matter reconsidered by a larger group of judges on the 3rd Circuit Court of Appeals, or they can go to the U.S. Supreme Court.

An outspoken leader of the pro-Palestinian movement at Columbia, Khalil was arrested last March. He then spent three months detained in a Louisiana immigration jail, missing the birth of his first child.

Federal officials have accused Khalil of leading activities “aligned to Hamas,” though they have not presented evidence to support the claim and have not accused him of criminal conduct. They also accused Khalil, 31, of failing to disclose information on his green card application.

The government justified the arrest under a seldom-used statute that allows for the expulsion of noncitizens whose beliefs are deemed to pose a threat to U.S. foreign policy interests.

In June, a federal judge in New Jersey ruled that justification would likely be declared unconstitutional and ordered Khalil released.

President Donald Trump's administration appealed that ruling, arguing the deportation decision should fall to an immigration judge, rather than a federal court.

Khalil has dismissed the allegations as “baseless and ridiculous,” framing his arrest and detention as a “direct consequence of exercising my right to free speech as I advocated for a free Palestine and an end to the genocide in Gaza.”

New York City’s new mayor, Zohran Mamdani, said on social media Thursday that Khalil should remain free.

“Last year’s arrest of Mahmoud Khalil was more than just a chilling act of political repression, it was an attack on all of our constitutional rights,” Mamdani wrote on X. “Now, as the crackdown on pro-Palestinian free speech continues, Mahmoud is being threatened with rearrest. Mahmoud is free — and must remain free.”

Judge Arianna Freeman dissented Thursday, writing that her colleagues were holding Khalil to the wrong legal standard. Khalil, she wrote, is raising “now-or-never claims” that can be handled at the district court level, even though his immigration case isn't complete.

Both judges who ruled against Khalil, Thomas Hardiman and Stephanos Bibas, were Republican appointees. President George W. Bush appointed Hardiman to the 3rd Circuit, while Trump appointed Bibas. President Joe Biden, a Democrat, appointed Freeman.

The two-judge majority rejected Freeman's worry that their decision would leave Khalil with no remedy for unconstitutional immigration detention, even if he later can appeal.

“But our legal system routinely forces petitioners — even those with meritorious claims — to wait to raise their arguments," the judges wrote.

The decision comes as an appeals board in the immigration court system weighs a previous order that found Khalil could be deported to Algeria, where he maintains citizenship through a distant relative, or Syria, where he was born in a refugee camp to a Palestinian family.

His attorneys have said he faces mortal danger if forced to return to either country.

Associated Press writers Larry Neumeister and Anthony Izaguirre contributed to this story.

FILE - Palestinian activist Mahmoud Khalil holds a news conference outside Federal Court on Tuesday, Oct. 21, 2025 in Philadelphia (AP Photo/Matt Rourke, File)