Israel evacuation orders suspected of violating international law by UN agency – JURIST
The Office of the United Nations High Commissioner for Human Rights (OHCHR) expressed concern on Friday over the compatibility of recent Israeli evacuation orders with international humanitarian law, citing fears over the permanent displacement of Palestinians from Gaza.
According to the statement, while Israel “can lawfully order the temporary evacuations of civilians in certain areas under strict conditions,” the nature and scope of such orders is a concern on whether the country has intentions on forcibly transferring civilians out of Gaza, breaching the Fourth Geneva Convention and the Rome Statute.
Article 49 of the Fourth Geneva Convention stipulates that individual or mass forcible transfers and the deportation of protected persons from an occupied territory are prohibited, regardless of the motive. Moreover, Articles 7 (1) (d) and 8(2)(b)(viii) of the Rome Statute imply that “deportation or forcible transfer of population” without grounds under international law must not be arbitrary or serve principles that contravene humanitarian principles. Otherwise, according to the statute, such acts would be considered war crimes and crimes against humanity.
The OHCHR also raised concerns about the targeting and killing of Palestinian journalists, citing the deaths of more than 200 journalists in Gaza since October 2023. According to Article 79 of the Geneva Conventions (1949) – Additional Protocol I, journalists working in areas of armed conflict must be considered civilians and, therefore, protected.
In March, Israel resumed attacks in Gaza with surprise airstrikes, breaking a ceasefire reached toward the end of US President Biden’s term in January. According to Israeli Prime Minister Benjamin Netanyahu, the airstrikes were resumed due to Hamas’s refusal to release more hostages following ceasefire terms. However, US President Donald Trump has, since resuming office in January, unequivocally stated that Gaza should be “emptied”, and has repeatedly shared plans for the US to take over.
According to the International Crisis Group, Israel’s offensive “will further render Gaza uninhabitable, increase the risk of famine and again raise the spectre of Palestinians’ forced displacement from the strip”, triggering grave consequences for the whole region.
