The Motive Determines if Evacuations in Gaza Constitute a Crime

Thousands of Palestinians are being evacuated from their homes in northern Gaza, according to Israel's order, which the military claims is to protect civilians. However, the evacuations can also be seen as mass deportations. It will only be possible to determine whether the relocations constitute a war crime after the fact, when Israel's long-term plan for the area becomes clear, according to two experts.

» Published: October 23 2024

The Motive Determines if Evacuations in Gaza Constitute a Crime
Photo: Omar Al-Qattaa/AFP/TT

On foot, large groups of Palestinians are leaving their homes among the rubble in northern Gaza, as shown by several video clips published in Israeli state media, among others.

They have received an order from the Israeli military, which has been besieging and bombing the northern parts of the Gaza Strip intensively in recent weeks.

Israel claims that the evacuations are part of protecting civilians during the extensive operations and airstrikes being carried out. However, critics see the images of the wandering Palestinians and believe that what is actually happening is a mass deportation in violation of international law.

Occupation being planned?

The legal definition of what is happening depends on the context in which the evacuations are being carried out. Since the Israeli government has never presented any long-term plan for the war effort other than to eliminate Hamas, it is difficult to assess what we are now seeing in Gaza, says Pål Wrange, professor of international law at Stockholm University.

If the plan is to permanently occupy northern Gaza in the long term, it is entirely in violation of international law, both the occupation itself and the deportation of Palestinians. If it is a more temporary operation, it is harder to assess, as it depends on what is militarily necessary, he says.

International law professor Jan Kleffner at the Swedish Defence University is in agreement: Israel can invoke that the evacuations are taking place to guarantee the safety of civilians, or what is referred to in international law as compelling military necessity, and thus be allowed to carry out forced relocations. Only afterwards – when we see if, for example, civilians are allowed to return – can it be said whether Israel has committed a violation of international law or not.

Similar to a previously mentioned plan

The Israeli military denies allegations that what is happening is part of the previously mentioned plan for northern Gaza presented by a retired Israeli general, where civilians are to be forced out of the area by blocking food, water, and other necessities – and those who stay are classified as legitimate targets.

Israel has blocked food from entering northern Gaza since October 1, according to human rights organization Human Rights Watch (HRW), among others.

Kleffner assesses that at least parts of the thinking from the generals' plan seem to have been implemented:

Namely, that you say that if you don't leave a certain area, you risk starvation, simplified. It is not lawful.

Israel has issued evacuation orders for 85 percent of the Gaza Strip, affecting around 1.9 million of the strip's approximately 2.2 million inhabitants.

Many have been forced to flee multiple times.

In northern Gaza, around 400,000 people are still estimated to be living, according to the UN.

In recent days, Israel has issued new evacuation orders for thousands.

Source: Human Rights Watch

Tags

TTT
By TTThis article has been altered and translated by Sweden Herald

More news

Gaza's Children Face Crisis as
1 MIN READ

Gaza's Children Face Crisis as Aid Blockade Hits One-Month Mark

Four Girls Injured in Brooklyn
1 MIN READ

Four Girls Injured in Brooklyn Knife Attack by Relative

Seven Hospitalized After Machete Attack
1 MIN READ

Seven Hospitalized After Machete Attack in Brooklyn

Russian Spy Sensors Found Near
1 MIN READ

Russian Spy Sensors Found Near UK Nuclear Submarines

Protests Erupt in Paris Following
2 MIN READ

Protests Erupt in Paris Following Le Pen Fraud Verdict

Floods in Kinshasa Leave 30
1 MIN READ

Floods in Kinshasa Leave 30 Dead and Disrupt City Access

Putin's Envoy Signals Upcoming US-Russia
1 MIN READ

Putin's Envoy Signals Upcoming US-Russia Talks

44 Dead in Gaza Strikes;
2 MIN READ

44 Dead in Gaza Strikes; Many Women and Children Among Victims

Pope Francis Returns to Vatican
1 MIN READ

Pope Francis Returns to Vatican After Severe Illness

Rain and Heat Challenge Myanmar
2 MIN READ

Rain and Heat Challenge Myanmar Earthquake Recovery Efforts

Austria Shuts 24 Border Crossings
1 MIN READ

Austria Shuts 24 Border Crossings Due to Foot-and-Mouth Outbreak

Two Killed in Suspected US
1 MIN READ

Two Killed in Suspected US Strikes on Yemen's Huthi Stronghold

Palestinian Teen Dies from Starvation
1 MIN READ

Palestinian Teen Dies from Starvation in Israeli Prison, Family Seeks Answers

Second Child Dies from Measles
1 MIN READ

Second Child Dies from Measles in Texas Outbreak

Lesotho Faces HIV Crisis as
4 MIN READ

Lesotho Faces HIV Crisis as US Aid Halts, Patients Seek Alternatives

Missile Strikes Hit Ukraine as
2 MIN READ

Missile Strikes Hit Ukraine as Air Defense Responds

Severe Storms Claim 18 Lives
1 MIN READ

Severe Storms Claim 18 Lives Across Southern and Central USA

Genre image
1 MIN READ

UK MPs Detained and Denied Entry to Israel, Sparks Diplomatic Tensions

Space Miso: Fermentation in Orbit
1 MIN READ

Space Miso: Fermentation in Orbit Alters Flavor and Color

Man Arrested After Barricading in
1 MIN READ

Man Arrested After Barricading in Canada's Parliament Building

Israel Expands Military Presence to
2 MIN READ

Israel Expands Military Presence to Isolate Rafah from Gaza

Thousands Rally Across US and
2 MIN READ

Thousands Rally Across US and Europe Against Trump's Policies

Judge Orders Return of Wrongly
2 MIN READ

Judge Orders Return of Wrongly Deported Salvadoran Man to US

Thousands Rally Across Spain Over
1 MIN READ

Thousands Rally Across Spain Over Soaring Housing Costs

Democrats Seek New Leaders as
6 MIN READ

Democrats Seek New Leaders as Trump Era Challenges Persist

UK and France Discuss Peacekeeping
1 MIN READ

UK and France Discuss Peacekeeping Forces in Ukraine with Zelensky

Americans Protest Against Trump's Billionaire
2 MIN READ

Americans Protest Against Trump's Billionaire Influence

Thousands Rally in Seoul Backing
1 MIN READ

Thousands Rally in Seoul Backing Ousted Ex-President Yoon

Video Shows Medical Personnel Killed
2 MIN READ

Video Shows Medical Personnel Killed in Gaza, UN Accuses Israel

Myanmar Earthquake Claims Over 3,400
1 MIN READ

Myanmar Earthquake Claims Over 3,400 Lives, Thousands Injured

US Senate Greenlights Trump's Tax
1 MIN READ

US Senate Greenlights Trump's Tax and Spending Cuts

Nine Children Among 18 Killed
2 MIN READ

Nine Children Among 18 Killed in Russian Attack on Zelensky's Hometown

Severe Storms and Floods Devastate
1 MIN READ

Severe Storms and Floods Devastate Southern and Midwest USA

Los Angeles County Settles $4
1 MIN READ

Los Angeles County Settles $4 Billion Child Abuse Case

Earth Mounds in Khartum Mark
3 MIN READ

Earth Mounds in Khartum Mark Graves of Thousands in Sudan Conflict

Prosecutor Seeks Over Seven Years
2 MIN READ

Prosecutor Seeks Over Seven Years for George Santos in Fraud Case

Roman Battlefield Unearthed Beneath Vienna
2 MIN READ

Roman Battlefield Unearthed Beneath Vienna Football Pitch

First Bird Flu Case in
1 MIN READ

First Bird Flu Case in Mexico: Young Girl in Serious Condition

130,000-Year-Old Mammoth Calf Dissected for
1 MIN READ

130,000-Year-Old Mammoth Calf Dissected for Climate Insights

Arctic Sea Ice Hits Record
2 MIN READ

Arctic Sea Ice Hits Record Low, Losing Area Equal to England