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.

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

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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

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By TTEnglish edition by Sweden Herald, adapted for local and international readers

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