Forced displacement is a flagrant distinguishing feature of the current conflict in Gaza. It undermines one of the fundamental principles of international humanitarian law. The prohibition of forcible transfer and deportation of civilian populations from occupied territories is enshrined in customary law and reaffirmed in Article 49 of the universally ratified Fourth Geneva Convention of 1949. As Prof. Vincent Chetail highlighted, this prohibition is clear and categorical. Hence, any transfers of Palestinian civilians, both within and outside the Gaza Strip, are strictly banned.
Prof. Chetail demonstrates that the displacement of Palestinians is a grave breach of Article 49. It not only constitutes a war crime; it also amounts to a crime against humanity. He notes that this matter has not yet been properly integrated into the current proceedings before the International Criminal Court. Therefore, investigations by domestic courts, in accordance with the principle of universal jurisdiction, are clearly needed.
History reminds us that displacement is not an ineluctable side effect of warfare; it is frequently a strategy in itself, and even the very objective, of many wars. Thirty years after Srebrenica, it is more important than ever to ensure that all states are committed to upholding the prohibition of transfer and deportation as a cardinal rule of international humanitarian law.