HRW accuses Israel of war crime of forced displacement in Gaza

Displaced Palestinians make their way in Gaza City after fleeing northern Gaza amid an Israeli ground offensive (5 November 2024)Image source, Reuters
Image caption,

As many as 130,000 Palestinians have been displaced by an Israeli ground offensive in northern Gaza since October

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Israel has committed war crimes and crimes against humanity by deliberately causing the mass displacement of Palestinians in Gaza, a report by Human Rights Watch (HRW) says.

About 1.9 million people - 90% of Gaza’s population - have fled their homes over the past year, and 79% of the territory is under Israeli-issued evacuation orders, according to the UN.

HRW’s report says this amounts to “forcible transfer” and that “evidence shows it has been systematic and part of a state policy”. It also says Israeli actions appear to “meet the definition of ethnic cleansing”.

Israel said the report was "completely false and detached from reality".

"Contrary to claims in HRW's report, Israel's efforts are directed solely at dismantling Hamas's terror capabilities and not at the people of Gaza," Oren Marmorstein, a spokesperson of Israel's ministry of foreign affairs posted on X.

He added that Israel would "continue to operate in accordance with the law of armed conflict".

HRW has also accused Hamas of using civilians as human shields by operating inside homes and civilian infrastructure.

The report was published as Israeli forces continued a ground offensive in northern Gaza that has displaced up to 130,000 people over the past five weeks.

The UN has said 75,000 people remain under siege with dwindling supplies of water and food in the towns of Jabalia, Beit Lahia and Beit Hanoun, where the Israeli military says it is preventing a Hamas resurgence.

Under the laws of war, the forced displacement of any civilians inside an occupied territory is prohibited, unless it is necessary for their security or for an imperative military reason.

For displacement to be lawful, civilians must be moved safely and provided with accommodation and essential supplies. They must also be able to return to their homes after the end of hostilities in the area.

HRW’s report - based on interviews with displaced Palestinians, analysis of Israeli evacuation orders, satellite imagery showing destruction of buildings, and videos and photos of strikes - concludes that there is no plausible imperative military reason to justify the displacement of nearly all of Gaza’s population and that the other conditions for it be lawful have also not been met.

The US-based group says the Israeli evacuation orders have been “inconsistent, inaccurate, and frequently not communicated to civilians with enough time”, and that they “did not consider the needs of people with disabilities and others who are unable to leave”. Israeli forces have also “repeatedly struck designated evacuation routes and safe zones”, it adds.

It accuses Israeli authorities of blocking “all but a small fraction of the necessary humanitarian aid, water, electricity, and fuel from reaching civilians in need”, as well as carrying out attacks that have damaged and destroyed vital resources like hospitals and bakeries.

HRW also alleges that Israel’s military has “intentionally demolished or severely damaged civilian infrastructure, including controlled demolitions of homes, with the apparent aim of creating an extended ‘buffer zone’ along Gaza’s perimeter with Israel and a corridor which will bifurcate Gaza”.

“The destruction is so substantial that it indicates the intention to permanently displace many people,” it warns.

Israeli government ministers are also cited as saying that Gaza’s territory would decrease and that land would be handed to Israeli settlers.

“Forced displacement has been widespread, and the evidence shows it has been systematic and part of a state policy. Such acts also constitute crimes against humanity,” HRW says.

It also says that the “organised, violent displacement of Palestinians in Gaza, who are members of another ethnic group, is likely planned to be permanent in the buffer zones and security corridors”, and that such actions “amount to ethnic cleansing”.

In response, the Israel Defense Forces (IDF) said in a statement that the report was “both selectively presents information in a manner that obscures context, as well as makes certain blatant misrepresentations".

“The IDF’s warnings to members of the civilian population to temporarily distance themselves from areas expected to be exposed to intense warfare are made in accordance with the obligation under international law to take feasible precautions to mitigate civilian harm by providing advance warnings prior to attacks,” it added.

“The IDF only operates in areas in which there is known to be a military presence, and is still at this time working to dismantle Hamas’ military infrastructure in various parts throughout the Gaza Strip.”

The IDF has also previously denied that it is seeking to create permanent buffer zones and Israeli Foreign Minister Gideon Saar recently said that displaced people from northern Gaza would be allowed to return home at the end of the war.

Also on Thursday, a UN General Assembly special committee released a new report that says Israel’s warfare methods in Gaza are “consistent with the characteristics of genocide, with mass civilian casualties and life-threatening conditions intentionally imposed on Palestinians there”.

Israel has vehemently denied that its forces are committing genocide in Gaza.

During a press briefing on Thursday, US state department spokesman Vedant Patel told reporters the US "unequivocally disagreed" that Israeli warfare methods were consistent with genocide.

"We think that that kind of phrasing and those kind of accusations are certainly unfounded," he said.

Israel launched a campaign to destroy Hamas in response to the group's unprecedented attack on southern Israel on 7 October 2023, in which about 1,200 people were killed and 251 others were taken hostage.

More than 43,700 people have been killed in Gaza since then, according to the territory's Hamas-run health ministry.