“You must evacuate your homes immediately and go to southern Wadi Gaza. » This type of evacuation order, sent by the Israeli army to more than a million people in northern Gaza, on October 13, 2023, the inhabitants of the enclave have received dozens for more than a year , tossed from one end of territory to another in the hope of escaping bombings by the Israeli army. However, this strategy of forced displacement implemented by the Israeli authorities constitutes, according to Human Rights Watch, a war crime, a crime against humanity and even ethnic cleansing.
These are the conclusions of the report « Hopeless, starving and besieged » (“desperate, hungry and besieged”), published Thursday November 14 by the NGO. From November 2023 to June 2024, HRW conducted interviews with 39 residents of the Gaza Strip displaced, often several times, since the start of Israeli military operations launched in the enclave following the deadly Hamas attacks on October 7. 2023.
To arrive at these conclusions, the organization deciphered the Israeli evacuation system, through 184 orders sent by the army via various channels. She also analyzed satellite images as well as “dozens of photos and videos of attacks on safe zones designated areas and on evacuation routes.
“An intentional state policy”
“Israeli authorities have committed multiple war crimes of forced displacement in Gaza since October 2023. Our evidence shows that these acts are widespread, part of intentional state policy and therefore represent a crime against humanity and respond also to the definition of ethnic cleansing”, explains Nadia Hardman, author of the report.
In its investigation, Human Rights Watch refers to Article 49 of the Geneva Convention, which establishes the conditions under which an occupying power can displace populations in times of war. “Israel can only do this if there is a compelling military reason, or for the security of the populations. If these conditions are not met, his actions constitute the war crime of forced displacement,” says Nadia Hardman.
However, for the human rights organization, the arguments put forward by the Jewish State do not constitute a compelling military reason. “Israel claims that because Palestinian armed groups fight among civilians, its army evacuates these civilians so that it can target these fighters and destroy these groups' infrastructure. The Israeli army therefore says that these evacuations limit the damage, and that massive population movements are legal. However, we believe that these assertions are largely erroneous. adds the expert.
Israel cannot invoke the safety of civilians to justify these evacuations either, given the danger involved. “Evacuation routes and so-called safe zones are bombarded constantly and repeatedly, affirms the author. The Israeli evacuation system puts people in danger, giving them unclear, erroneous and sometimes contradictory instructions, making it extremely difficult for civilians to know where and when to leave. »
A humanitarian zone whose boundaries have changed 14 times
HRW thus cites the testimony of Sahar, a 42-year-old mother, who, despite phone calls from the Israeli army and leaflets dropped by plane calling for evacuations, was unable to leave her home in time. Beit Lahiya, in the north of the territory. “We wanted to follow (these evacuation orders)but we couldn't because the Israelis started heavily bombing the area even before the announcement. People were killed in large numbers and in a brutal manner,” she explains.
To respect Article 49 of the Geneva Convention, Israel should also provide the displaced with a secure area guaranteeing their rights, health and safety, recalls HWR. The NGO cites the example of Al-Mawasi, a coastal town in southern Gaza, designated a “humanitarian zone” by Israel in October 2023. Twenty square kilometers without running water and heavily bombarded by the Israeli army. “Between October and August, the Israeli army redefined the boundaries of this area 14 times, which added to the confusion and harmed the security of residents,” says Gabi Ivens, head of data analysis at HRW.
More broadly, the organization affirms, like other international bodies, that the colossal level of destruction in the Palestinian enclave obstructs the right of return – although enshrined in numerous human rights conventions – of the 1.9 million of displaced Gazans, most of them refugees or descendants of Palestinians forced to leave their land in 1948 during the creation of the State of Israel. “Governments should publicly condemn Israel's forced displacement of the civilian population in Gaza as a war crime and a crime against humanity. calls on Milena Ansari, researcher and lawyer at HRW. This condemnation should also include preventing the Palestinians' right of return. Palestinians in Gaza have two rights of return,” she recalls. Human Rights Watch calls for all elements of this report on forced displacement to be added to the International Criminal Court's (ICC) ongoing investigation into Israeli officials.
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