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The Forcible Transfer of Civilians in Gaza: Conditions, Necessity and Legality
Örebro University, School of Behavioural, Social and Legal Sciences.ORCID iD: 0000-0001-5743-8052
2023 (English)In: Opinio Juris (blog)Article, review/survey (Refereed) Published
Abstract [en]

The Fourth Geneva Convention (GC IV), in its Article 49, prohibits individual or mass forcible transfers and obliges an occupying power to provide civilians with proper safe conditions. The situation that Israel has created both before and during its attacks and siege/blockade of Gaza is described as a humanitarian disaster that heralds the breakdown of society. Israel has attacked hospitals, ambulances, homes, shelters, UN buildings and schools. Potable and clean water is scarce, leading to devastating consequences and increasing the risk of disease, disease transmission and poor hygiene conditions in the most densely populated area in the world, whose population has been forced into a much smaller space and overwhelmingly crowded shelters. The majority of Palestinians do not have accommodation and lack minimum conditions as regards hygiene, health, safety and nutrition. This post discusses this situation in the light of the GCIV – Article 49 – and assesses the legality of Israel’s transfer of Palestinian civilians during the hostilities and the fulfilment of the legal requirements of satisfactory conditions. 

Place, publisher, year, edition, pages
Opinio Juris , 2023.
Keywords [en]
forcible transfers, Palestine, GCIV – Article 49, satisfactory conditions
National Category
Law
Research subject
International Law
Identifiers
URN: urn:nbn:se:oru:diva-110516OAI: oai:DiVA.org:oru-110516DiVA, id: diva2:1821908
Available from: 2023-12-21 Created: 2023-12-21 Last updated: 2023-12-21Bibliographically approved

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Qandeel, Mais

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