1/9 #Israel's official call to move over 1.1 million people from North #GazaStrip to the South raises concerns of a broader plan for Palestinian deportation to #Egypt.
#ForcibleTransfer constitutes a #WarCrime
#IL rejects it in all its forms #L4Pthreads 🧵
#ForcibleTransfer constitutes a #WarCrime
#IL rejects it in all its forms #L4Pthreads 🧵
2/9: Art. 49(1) of 4th #GC states that the individual or mass displacement of populations from occupied territories to another country is prohibited “regardless of their motive.” The prohibition also extends to #ForcibleTransfer within an occupied territory -Art. 85(4)(a) of #API
3/9: The only exception to the prohibition within an occupied territory is the security of civilians &for “imperative military reasons,” with an obligation to ensure that the displaced civilians receive proper shelter, hygiene, health, safety & nutrition (Article 17 of #APII).
4/9: An evacuation undertaken in an atmosphere of terror implies that #ForcibleTransfer was only done as part of an organized policy to displace the people from the area ¬ as a form of civilian protection or for military necessity as found by the Tribunal in the #Krstic Case.
5/9: The #ICTY in #NaletillicandMatrinivic found that a state shelling, besieging and preventing humanitarian aid cannot use military necessity to forcibly transfer civilians. Accordingly, #Israel will likely be unable to use military necessity to justify depopulating Gaza.
6/9: Israel is not taking any measures to ensure that the forcibly transferred people are safe or are provided with necessities. It continues to bomb #civilians, even during their #evacuation, while also cutting off water and food supply to entire #Gaza.
7/9: Calling for the deportation of Palestinians from the #GazaStrip to #Egypt violates international law. By doing so, #Israel is engaging in the systematic practice of #EthnicCleansing—a key element of its proposed #genocide in Gaza.
8/9: #ForcibleTransfer is a grave breach of the #GC, which means that all #states are under an obligation to search for and prosecute individuals who are alleged to have committed such acts regardless of their nationality
9/9: Several other legal instruments address the illegality of #ForcibleTransfer including country specific material. It can be noted that Israel barely implements any #IL on this matter in its national legal system.
For more info: ihl-databases.icrc.org….
Loading suggestions...