Attachments
Israel must immediately halt its attack on Gaza City, which is risking the lives of thousands of Palestinian civilians as well as the complete destruction of the little remaining civilian infrastructure.
The Israeli military’s order on 9 September calling for the displacement of all residents of Gaza City towards the south is adding to the thousands of Palestinians already moving from northern Gaza. In light of the Israeli military’s pattern of reducing many of Gaza’s urban areas to unlivable rubble, including through the systematic demolition of residential buildings in North Gaza, Rafah and now parts of Gaza City, the widespread forced displacement of Gaza City’s population risks becoming permanent by turning these areas into an uninhabitable wasteland.
One month on from Israel’s 8 August cabinet decision to take control of Gaza City, the UN Human Rights office in the Occupied Palestinian Territory has recorded a significant escalation of Israeli attacks on northern Gaza, resulting in the destruction of significant numbers of residential buildings along with the systematic demolition of entire residential neighbourhoods in northern Gaza, including parts of Az Zaytoun, Ash Shujaiyeh, As Sabra, At Tuffah and Jabalya. While in some cases, the Israeli military alleged that these buildings were “terror infrastructure” or were used by Palestinian armed groups, it has not provided evidence for these claims, nor any details indicating that their destruction would provide a distinct military advantage, a requirement for an object to be considered a legitimate military objective.
Since 8 August, the UN Human Rights Office has recorded 270 attacks on residential buildings in Gaza City and North Gaza, killing at least 379 Palestinians. In addition, the Office has recorded 44 strikes on IDP tents in Gaza City and North Gaza, killing at least 92 Palestinians. The actual numbers are likely to be much higher. Most attacks occurred with no prior warnings reported.
The attacks on residential buildings, along with systematic destruction of objects indispensable to civilian life – including solar panels and water tanks – are contributing to forced displacement of Palestinian civilians that risks becoming permanent and does not meet the requirements of voluntary, informed, and safe movement. These attacks further exacerbate the human misery of 2.2 million Palestinians in Gaza who continue to suffer from Israel’s strangle on entry of goods and humanitarians into the Gaza Strip that has resulted in the starvation of Palestinians in ever increasing numbers and deprived them of their access to life saving services such as adequate shelter, medical treatment, and education for children. Israel has also used other pressure tactics to displace Palestinians, including the use of sound bombs.
Israel has repeatedly ordered Palestinians in northern Gaza to move to southern Gaza, specifically to its so-called “humanitarian zone” in Al Mawasi area. The journey from Gaza City and other locations in the north is extremely dangerous with military operations frequently targeting the roads to the south. Once in Al Mawasi, civilians find no safe haven, as there, too, the Israeli military continues to carry out airstrikes on IDP tents and other civilian objects resulting in significant civilian casualties. Al Mawasi continues to lack critical lifesaving infrastructure, including water and sewage systems, solid waste removal, proper latrines, and medical facilities. It faces a worsening water crisis, and there is not enough food to sustain the lives of those already there. On 8 September alone, Nasser Medical Complex, the largest hospital in Khan Younis, reported the death of two children due to malnutrition.
International humanitarian law protects civilian objects from attack unless they become military objectives. Military objectives are limited to objects that cumulate two criteria: (1) they make an effective contribution to military action and (2) their partial or total destruction, capture or neutralisation offers a definite military advantage. However, certain civilian objects, such as hospitals enjoy special protection and only lose their protection from attack in extremely limited circumstances and only after warnings for hostile use to cease have gone unheeded. In carrying out attacks on military objectives, the principles of proportionality and precaution in attack and the prohibition of indiscriminate attacks, must be strictly complied with. Furthermore, Israel, as the Occupying Power in the OPT, is prohibited from destroying property under their control except when such destruction is absolutely necessary for military operations. The wholesale and systematic destruction of civilian infrastructure in Gaza City, including whole neighbourhoods, violates this rule and when viewed cumulatively with other measures directly targeting Palestinian civilians (including Israel’s policy of preventing life-saving humanitarian assistance commensurate with the needs of the civilian population from entering the Gaza strip), may constitute a widespread, systematic attack on the civilian population. Some of these acts may therefore amount to the full range of crimes under international law. Taken together, Israel's conduct also suggests a deliberate plan to forcibly displace Palestinians by spreading terror and rendering large swathes of Gaza unliveable and appears to be pushing for a permanent demographic shift in Gaza that is tantamount to ethnic cleansing.
As the High Commissioner stressed on 8 September, Israel has a legal obligation to fully comply with the interim orders issued by the International Court of Justice (ICJ) by taking urgent steps to prevent acts of genocide, punish incitement to genocide, and ensure enough aid reaches Palestinians in Gaza.
States are under an urgent obligation to exert maximum pressure on Israel to immediately halt this offensive. Continuing to provide aid or assistance to Israel – such as through the provision of weapons or parts of weapons, intelligence, or logistical, diplomatic or financial support – could make States complicit in atrocity crimes.
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