- 以色列当局自2023年10月以来蓄意强迫加沙巴勒斯坦平民大规模迁移，触犯战争罪和危害人类罪。
- 没有任何可信的迫切军事理由可以证明以色列使几乎所有加沙人口大规模迁移（往往是多次）的合理性。军方发出的“撤离令”不但没有保障平民安全，反而造成严重伤害。
- 各国政府应该对以色列采取针对制裁和其他措施，并暂停军售。国际刑事法院检察官应以危害人类罪嫌对以色列的强迫迁移和剥夺返回权等行为展开调查。
（耶路撒冷）－人权观察今天发表报告指出，以色列当局自2023年10月以来蓄意强迫加沙巴勒斯坦平民大规模迁移，触犯战争罪和危害人类罪。这份报告发表时，以色列正在对加沙北部实施军事行动，极可能再度导致数十万平民被迫迁移。
这份154页的报告《绝望、饥饿与围困：以色列强迫迁移加沙巴勒斯坦居民》检视以色列当局的行为如何导致加沙逾百分之90居民（即1,900万巴勒斯坦人）被迫迁移，以及加沙大部分地区在最近13个月遭到广泛破坏。以色列军队蓄意有计划地拆除民房和民用基础设施，包括在其似乎准备开辟 “缓冲区”和安全 “走廊”的地方，造成巴勒斯坦人可能被迫永久迁离。尽管以色列官员矢口否认，但他们的行为并未遵守战争法。
“以色列政府不能一面说要保护巴勒斯坦人的安全，一面却沿着逃难路线残杀他们，轰炸所谓的安全区，切断粮食、饮水和卫生补给，” 人权观察难民和移民权利研究员娜迪亚・哈德曼（Nadia Hardman）说。“以色列公然违背保障巴勒斯坦人返回权的义务，实际上将大片地区夷为平地。”
人权观察访问了39名被迫迁移的加沙巴勒斯坦人，分析了以色列撤离系统，包括184件撤离令以及可证明广泛破坏的卫星影像，并且核实了指定安全区和撤离路线受到攻击的多件影片和照片。
阅读这支影片的文字描述
DATE LOCATOR:
Oct, 2023,Gaza
SOUNDBITE: Ghassan, video diary
We’ve just been targeted. We’ve just been targeted. We’ve just been targeted by warplanes. We are now with the Red Crescent crews. Thank God for your safety, Firas. Thank you, Firas. No need to worry, we’re okay.
VO:
This is the story of two Palestinian residents, Ghassan and Sara, who sought to escape the violence in Gaza but were trapped in the hostilities and their lives irreversibly changed.
TITLE:
WARNING
This video contains violent images and descriptions
including people injured, and distressing scenes.
Viewer discretion advised.
TITLE:
NOWHERE IS SAFE
TITLE:
GHASSAN
DATE LOCATOR:
Oct, 2023, Gaza
VO:
Since the start of the hostilities, Ghassan has kept a video diary documenting his daily life.
SOUNDBITE: Ghassan, video diary
Jabalia camp is completely isolated from the world, they cut the internet, they cut everything.
VO:
Israel has enforced a tight blockade of Gaza. This has led to a humanitarian catastrophe. And an evacuation system that has unashamedly failed to keep civilians in Gaza safe.
SOUNDBITE: Ghassan
I have here [a video] when they [Israeli forces] dropped leaflets on us to evacuate. Leaflets demanding that we evacuate the area. Here it is clearly as you can see. “Head towards...”
this is the trap I’m talking about.
VO:
For the displacement of individuals to be lawful the following conditions are among those that must be met. Ensure people are moved safely, not separated from their families and have access to food,
water, sanitation and healthcare. The evacuation should be temporary, and displaced people should be free and able to return to their homes as soon as possible after the hostilities end in that area.
Israel’s military has displaced 90 percent of the Gaza population, around 1.9 million people.
VO/ANIMATED MAP:
This map shows the evacuation order on October 13, 2023, directing civilians towards supposed ‘safe zones.’ Human Rights Watch investigated the Israeli authorities’ policies and conduct. We found that repeated evacuations, mass destruction, and failure to provide safe passage or access to food, shelter or medical care make the displacement unlawful.
VO:
The level of intent and evidence of a state policy of forced displacement means these are war crimes
and crimes against humanity.
SOUNDBITE: Ghassan
During that time, there was chaos and panic. The street where I was walking was being
bombed, bombed, bombed everywhere.
SOUNDBITE: Ghassan, video diary
Here we are, displaced in the streets of Jabalia camp. No one knows anything about us,
and we’ve lost all means of communications. We found a car on the street,
and Hisham and I sat inside it. We don't know where to go, and this car isn't ours. But we opened its doors and sat inside. If someone finds this phone and we are no longer alive...let them tell the story and broadcast these recordings.
SOUNDBITE: Ghassan
Suddenly, I saw a massive flash...When you are in the epicenter of an explosion, you feel absolutely nothing. You start checking your body to see if you've lost any parts of it.
SOUNDBITE: Ghassan, video diary
This place was bombed last night. We are now in the early hours of dawn. I was inside this car. I was hit by shrapnel while sitting inside it. Can’t you see how bad it is [the destruction]? The post office building was targeted. While I was sitting inside this car.
SOUNDBITE: Ghassan
I owe my survival to that car, which shielded us from the blast and the flying shrapnel. Afterward, I decided that we had to escape from the north at least. Our relationship to the camp is our life, it's [the camp] our whole life.
SOUNDBITE: Ghassan
Displacement feels like your soul is being torn from your body.
SOUNDBITE: Ghassan, video diary
Everyone is evacuating to different places. I just left the camp heading to Rafah after being bombed. We're riding a donkey-drawn cart because there are no cars.
VO/ANIMATED MAP
The Salah al-Din Road is the main highway that runs north-south through the Gaza Strip. Israeli evacuation orders started on October 13, 2023, running until January, 4, 2024. They instructed people to flee using this road and assured “safe passage.” Later evacuation orders told people to use a different route. Investigations by Human Rights Watch through interviews, satellite imagery, photos and videos demonstrate that this road was rarely, if ever, safe.
SOUNDBITE: Ghassan
Honestly, there are moments when you feel like you are alone on this planet. That day, the electricity was completely cut off from the northern Gaza Strip. And also the water, which the occupation
[Israel] declared they had cut off from Gaza, and the communications and internet networks.
SOUNDBITE: Ghassan
When I reached Rafah, I realized it was a trap. A mousetrap, as we call it. We lived in a house consisting of three floors. Over 200 members of my family had sought refuge in this house.
Imagine, I was sleeping in a space only as large as my body. If I turn to this side, I bump into something and if I turn to the other side, I bump into something.
SOUNDBITE: Ghassan video diary
The bombing continues, with massive destruction and limited resources.
TITLE:
Hamoud, Ghassan’s son
SOUNDBITE: Ghassan video diary
And this is Hamoud.
SOUNDBITE: Ghassan video diary
What do you think of the current situation?
SOUNDBITE: Hamoud, [Ghassan’s son] video diary
Good.
SOUNDBITE: Ghassan video diary
Are you scared of the sounds of bombing?
SOUNDBITE: Hamoud, [Ghassan’s son] video diary
Yes.
SOUNDBITE: Ghassan video diary
What is your wish?
SOUNDBITE: Ghassan video diary
For the war to end.
SOUNDBITE: Ghassan video diary
Where do you want to go?
SOUNDBITE: Ghassan video diary
Do you want to go back home?
SOUNDBITE: Ghassan video diary
Come, Bilal.
TITLE:
Bilal, Ghassan’s son
SOUNDBITE: Ghassan video diary
What’s your wish, Bilal?
SOUNDBITE: Bilal [Ghassan’s son] video diary
To go back home.
SOUNDBITE: Ghassan video diary
Do you want to go back home?
SOUNDBITE: Bilal [Ghassan’s son] video diary
Yes, to eat and drink.
SOUNDBITE: Ghassan video diary
To eat and drink.
SOUNDBITE: Ghassan video diary
We hope the war ends and we return to our homes.
SOUNDBITE: Ghassan
They [Israeli forces] claimed Rafah is a safe area, that Rafah has humanitarian aid. When did aid actually reach Gaza? I spent about a month in Rafah, standing in queues. I stood from 7 a.m. until 2 p.m. to get some bread that I bought with my own money. News started spreading that they [Israeli forces] will invade Rafah, and I lived in the Brazil neighborhood on the border. This mix of news and the psychological state caused by the war forced us to flee. Especially that they [Israeli forces] were
heavily bombing apartments and homes. So, our option was to move into a tent with the rest of the displaced people.
VO:
Under the laws of war, Israel, as the occupying power, is only permitted to temporarily evacuate
people under its control for specific reasons. Israel must allow all the displaced to return once hostilities end. Instead, most of housing and civilian infrastructure has been destroyed so that much of Gaza is uninhabitable. Rather than meet its obligations to put in place basic protections to ensure access to food, water, sanitation and health care. Israel has taken steps to cut them off.
SOUNDBITE: Ghassan
People began fleeing from the displacement camp in Rafah little by little. The camp was so crowded that you couldn't see the sand because there were so many tents. We arrived here [Deir al-Balah], and as you know, there is no truly safe place in Gaza. The shelling continues in this area. There is no safety. In truth, I don’t recall ever feeling safe since I was displaced from the north. I can’t sleep. My mind is always wandering.
TITLE:
SARA
VO/ANIMATED MAP:
On December 1, 2023, the Israeli military released an interactive map dividing Gaza into 620 numbered blocks and continued to post and distribute evacuation orders referencing this block system. On December 7, 2023, Sara’s family home in Khan Younis was not in a block slated for evacuation. Human Rights Watch interviewed Sara and analyzed satellite imagery, video
and photographs taken from that day. The information gathered indicates that the Israeli military knew or should have known that civilians were living in this block.
TITLE:
An actor’s voice has been used to protect Sara’s identity.
Sara is not her real name.
SOUNDBITE: Sara
The Israeli’s had renamed our area by blocks so everyone could keep track of where there could be strikes, we were living in block G, number 108. At around 4 p.m. I was coming home from work, what I saw as I approached was a massacre, it was hectic, everyone was screaming, and all I could see was fire and destruction. I was scared because my kids were home and my sisters were taking refuge at my house, so we had about 20 people living in our apartment on the third floor. Thank God my family in the apartment were ok, it was the building just next to us that had been hit. There was so much damage to the building I couldn’t enter, I could see bodies, people under the rubble. Many people died that day. Seeing all of this has affected my kids hugely, it changed us all.
VO/ANIMATED MAP:
By analyzing online evacuation orders and photographs of air-dropped leaflets posted online, Human Rights Watch established that block 108 was not designated for evacuation until six-and-a-half weeks after this strike. Human Rights Watch identified at least six additional strikes in this block before the attack on Sara’s relatives’ home which also damaged hers on December, 7, 2023. Just dozens of meters from that attack two additional strikes were carried out in the same timeframe. Analysis of satellite imagery shows that the attack on Sara’s relatives’ home was not an isolated incident.
VO/ANIMATED MAP:
The evacuation system failed to keep people safe. Evacuation orders were inconsistent, inaccurate and frequently not communicated to civilians at all, or with enough time to allow evacuations. The sheer number of Palestinian civilians forced from their homes demonstrates that displacement in Gaza is widespread.
VO:
It is also systematic and intentional and unlawful, forming part of Israeli state policy. This amounts to a crime against humanity. Israel should stop collectively punishing civilians in Gaza. Governments should publicly condemn Israel’s forced displacement of the civilian population as a war crime and crime against humanity and suspend military assistance and arms sales to Israel.
TITLE:
Sara, Actor’s voice
SOUNDBITE: Sara
In previous wars they did target specific places, but we would know in advance, and be given warning. This war is completely different. There is nowhere safe for us to go.
SOUNDBITE: Ghassan
I fear living through another displacement experience, and I fear that winter may come before the war ends. Because this tent you see in front of you won’t hold up in winter. The feeling of loss itself is beyond comparison to any other feeling. I hope...that the time will come when I return to my home,
and I rest my head on my pillow in freedom and peace.
END CREDITS:
Narrator: Nadia Hardman
Producer / Editor: Ellie Kealey
Producers: Gabi Ivens, Carolina Jordá Álvarez, Léo Martine, Ekin Ürgen
Videographer: Yousef al Masharawi
Graphics: Win Edson
Additional footage / Photographs: Ghassan Salem, AFP, IMAGO
Music: Audio Network
根据适用于被占领土的武装冲突法，唯有因迫切的军事理由或为保护居民安全才能例外对平民实施迁移，并应提供保障和适当设施以收容被迁移平民。以色列官员声称，由于巴勒斯坦武装团体藏身于平民人口之间进行战斗，军方可以合法撤离平民以便在攻击武装团体时避免平民伤亡。人权观察的研究显示，这种说法大体不实。
人权观察发现，没有任何可信的迫切军事理由可以证明以色列使几乎所有加沙人口（往往是多次）大规模迁移的合理性。以色列的撤离系统严重伤害当地居民，而且通常只达到散布恐惧和焦虑的目的。以色列军队没有保护被迁移平民的安全，反而多次攻击指定撤离路线和安全区。
撤离令内容不一致、不准确，下达时往往没有留给平民足够时间（甚至不留任何时间）以预备撤离。这些命令也没有顾及身心障碍者和其他无法自力撤离者的需求。
作为占领国，以色列有义务确保被迁移平民得到适足收容设施，但当局禁止除一小部分以外的人道援助、净水、电力和燃料送达加沙待援平民。以色列的攻击行动损坏或摧毁了民众急需的维生资源，包括医院、学校、水电设施、面包厂和农耕用地。
以色列也有义务确保被迁移民众一俟当地敌对情势终止即可返回家园。然而，以色列已造成加沙大片地区不适人居。以色列军方蓄意拆毁或严重破坏民用基础设施，包括有计划拆除民房，其目的似乎是要开辟加沙和以色列边境的长期“缓冲区”以及一条分割加沙的走廊。摧毁相当彻底，显示有意永久迁移大量居民。
以色列应尊重被迁移的巴勒斯坦平民返回加沙原居地的权利。近80年来，以色列当局剥夺加沙百分之80人口返回家园的权利，这些人都是1948年被逐出或逃离今日以色列（巴勒斯坦人称之为 “Nakba”，意为 “大灾难”）的难民及其后代。这种持续侵犯行为长期笼罩加沙巴勒斯坦人的生活，许多受访者谈到近期经历有如第二次 “大灾难”。
从敌对情势第一天起，以色列政府和战争内阁高级官员就表明了迁移加沙巴勒斯坦人口的意图，多名部会首长曾说加沙领域必将缩小，或说把加沙整个炸掉或夷平是 “大快人心”，还说要把土地移交给以色列定居者。 2023年11月，以色列农业与农村发展部部长狄希特（Avi Dichter）说：“我们正在展开加沙‘大灾难’。”
人权观察发现，强迫迁移相当广泛，并有证据显示它是有计划的，属于国家政策的一部分。这种行为足以构成危害人类罪。
以色列当局针对属于另一个族群团体的加沙巴勒斯坦人进行有组织的暴力迁移，并可能在缓冲区和安全走廊范围内以永久迁离为目的。以色列当局的这种行为构成种族清洗。
数十年来，以色列和巴勒斯坦的严重人权侵犯受害者面对着加害者免责的高墙。加沙巴勒斯坦人至今生活在长达17年的非法封锁之下，这是以色列当局对巴勒斯坦人犯下种族隔离和迫害等持续性危害人类罪行的一部分。
各国政府应当公开谴责以色列强迫迁移加沙平民人口的战争罪和危害人类罪行为，并施压以色列立即停止相关犯罪，遵守国际法院的多项具拘束力命令，并遵守该法院于7月作出的咨询意见所阐明的各项义务。
国际刑事法院检察官应以涉嫌危害人类罪调查以色列的强迫迁移和剥夺返回权行为。各国政府也应公开谴责对国际刑事法院的业务、官员和与之合作人员进行威胁或干涉的行为。
各国政府应采取针对制裁和其他措施，包括检讨与以色列的双边协议，以施压以色列政府遵守其保护平民的国际义务。
美国、德国和其他国家应立即中止对以色列的武器转移和军事援助。继续向以色列供应军事装备可能构成战争罪、危害人类罪和其他严重人权侵害的共犯。
“以色列军方正在对加沙巴勒斯坦人实施残暴罪行，这是无可辩驳的事实，” 哈德曼说。“美国、德国和其他国家若向以色列提供武器和援助，等于是无限度支持以色列继续施暴，从而不断提高这些国家被视为共犯的可能性。”
