Fighting Anti-Israeli Bias

Countering
Item 7

THE UNHRC'S STANDING AGENDA ITEM
TARGETING ISRAEL

Claims

Claim 49: Israel is Forcibly Transferring Gaza Palestinians Post-October 7th

examples

Mauritius, 55th session

“We strongly condemn the egregious violations of the basic human rights and the fundamental freedoms of the Palestinians…the forcible displacement of Palestinians…contrary to international human rights and humanitarian law.”

Zimbabwe, 55th session

“We deplore the destruction of livelihoods, residential areas, and the forcible displacement of the population.”

Iraq, 55th session

“Moreover, around two million Palestinians have been forcibly displaced from their homes, thus considered a grave breach of International Humanitarian Law and Human Rights Law.”

OIC, 55th session

“In the besieged Gaza Strip, the occupying power has unleashed acts amounting to the crimes of Genocide and ethnic cleansing against Palestinian civilians, including through…attempts at forcible population transfer.”

Syria, 55th session

“We urge all UN bodies not to ignore this historical context, which bears witness to the suffering of the Palestinian people in the face of massacres, crimes of ethnic cleansing and ongoing attempts to forcibly displace them.”

Our Response

UN Watch

Several countries, including Syria, Iraq, Mauritius, Zimbabwe, and the OIC have accused Israel of “forced displacement” or “forcible transfer” of the Palestinians in Gaza, referring to Israel’s evacuation warnings. In general, International Humanitarian Law prohibits the forcible transfer of civilians in occupied territory in both international and non-international armed conflicts “unless the security of the civilians involved or imperative military reasons so demand.”[1]  These countries ignore that critical exception to the rule which clearly applies here.[2] Evacuation is a tool that has served to protect civilians in many conflicts, including in World War II, and more recently in the Ukraine war.[3]

Moreover, parties to a conflict have a duty to take feasible precautions to “avoid or minimize incidental civilian losses.”[4] Therefore, warning civilians to evacuate an active combat zone for their own safety is not forced displacement, but rather compliance with the requirement to take precautions to minimize civilian harm by giving “advanced warning.”[5]

Evacuations should not displace civilians outside of the territory and should not be forced.[6] Israel’s evacuations comply with these requirements as Gazans have not been evacuated outside of Gaza. In addition, although often referred to as evacuation “orders,” Israel’s warnings to Gaza civilians are not compulsory and Gazans are free to ignore them. Despite the warnings, some 350,000 to 400,000 Gazans chose not to evacuate[7] and many also returned North during the late November ceasefire.[8]

This false accusation, which misstates international law and misrepresents Israel’s lawful advanced warnings as violations, has no purpose other than to demonize Israel.

[1] IHL Rule 129, ICRC (Last visited July 15, 2024), https://ihl-databases.icrc.org/en/customary-ihl/v1/rule129#refFn_39A00E49_00003, citing Fourth Geneva Convention, Article 49, ICRC (August 12, 1949), https://ihl-databases.icrc.org/en/ihl-treaties/gciv-1949/article-49; and Additional Protocol II, Article 17(1), ICRC (August 12, 1949), https://ihl-databases.icrc.org/en/ihl-treaties/apii-1977/article-17.

[2] Id.

[3] William Casey Biggerstaff, In Honor of Yoram Dinstein – Civilian Evacuations and the Law of Armed Conflict, Lieber Institute (May 6, 2024), https://lieber.westpoint.edu/civilian-evacuations-law-armed-conflict/.

[4] IHL Rule 15, ICRC (Last visited July 15, 2024), https://ihl-databases.icrc.org/en/customary-ihl/v1/rule15, citing inter alia, Additional Protocol I, Article 57, ICRC (August 12, 1949), https://ihl-databases.icrc.org/en/ihl-treaties/api-1977/article-57?activeTab=undefined.

[5] IHL Rule 20, ICRC (Last visited July 15, 2024), https://ihl-databases.icrc.org/en/customary-ihl/v1/rule20. See also IHL Rule 24, ICRC (Last visited July 15, 2024), https://ihl-databases.icrc.org/en/customary-ihl/v1/rule24.

[6] William Casey Biggerstaff, In Honor of Yoram Dinstein – Civilian Evacuations and the Law of Armed Conflict, Lieber Institute (May 6, 2024), https://lieber.westpoint.edu/civilian-evacuations-law-armed-conflict/.

[7] Between 350,000 to 400,000 people still in northern Gaza, says US special envoy, France 24 (November 4, 2023), https://www.france24.com/en/middle-east/20231104-%F0%9F%94%B4-live-un-chief-slams-israeli-strike-on-gaza-ambulance-convoy.

[8] Thousands of Gazans head north, in potential challenge to IDF’s campaign after truce, Times of Israel (November 24, 2023), https://www.timesofisrael.com/thousands-of-gazans-head-north-in-potential-challenge-to-idfs-campaign-after-truce/.

UN Watch