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With their massive and deliberate forced displacement of Palestinian civilians in Gaza since October last year, Israeli authorities are responsible for war crimes and crimes against humanity.
This is the conclusion of HRW’s latest report.
To start off with, let’s talk about what the term “crimes against humanity” means in international law.
These are certain crimes committed by members of government forces or a non-state armed group that are knowingly committed as part of a widespread or systematic attack on a civilian population. This means the multiple commission of such crimes committed pursuant to a state policy.
In this case, we are talking about Israel’s mass displacement of nearly all of Gaza’s population, often multiple times, as well as preventing their return home.
The laws of armed conflict applicable in occupied territory permit displacement of civilians only for imperative military reasons or for the population’s security. They require safeguards and proper accommodation to receive displaced civilians.
Israeli officials claim that, because Palestinian armed groups are fighting from among the civilian population, the military has lawfully evacuated civilians to attack the groups while limiting civilian harm. Human Rights Watch research shows this claim to be largely false.
There is no plausible, imperative military reason to justify these actions. What’s more, the military’s empty “evacuation orders” have not ensured civilians’ security. In fact, they’ve caused grave harm.
As my expert colleague, Nadia Hardman, says: “The Israeli government cannot claim to be keeping Palestinians safe when it kills them along escape routes, bombs so-called safe zones, and cuts off food, water, and sanitation.”
Israeli forces have also carried out deliberate, controlled demolitions of homes and civilian infrastructure. This includes areas where they have apparent aims to create “buffer zones” and security “corridors,” from which Palestinians are likely to be permanently displaced.
They have systematically razed to the ground orchards, fields, greenhouses and other civilian infrastructure, violating their obligation to ensure Palestinians can return home.
These actions do not comply with the laws of war.
For too long, the world has been letting the government of Israel get away with war crimes and crimes against humanity. Governments need to change Israeli leaders’ calculations, by adopting targeted sanctions and other measures. They should also halt weapons sales to Israel.
In addition, the International Criminal Court prosecutor should investigate Israel’s forced displacement and prevention of the right to return as a crime against humanity.
The report is new, the details are appalling, and the legal analysis on crimes against humanity adds to the world’s knowledge of the horrors in Gaza.
But the world has known for some time that Israeli authorities are committing widespread atrocities in Gaza. And the question remains: when will governments finally say stop?