No, technically Israel is occupying Gaza. That is the consensus worldwide. The law of occupation apply. Israel has never upheld them and still does not. If it did, it would fulfill its obligation towards the civilian population and would deal with or respond to Hamas by using means that do not kill thousands of civilians ie policing methods and proper investigation to identify those who were involved.
Whether you think it’s genocide or not is frankly irrelevant. The ICJ will be looking at this question and delivering a ruling. At this time it considers it plausible that a genocide is being committed or is going to be committed.