'Gaza is being strangled': why Israel's evacuation order violates international law

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'Gaza is being strangled': why Israel's evacuation order violates international law
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Israel’s warning to civilians in Gaza of impending attacks must be ‘effective’ under international law, meaning it must not only reach people but allow them sufficient time to evacuate safely.

In conflicts around the world, evacuations have long been used to rescue people from serious harm. During the second world war, for instance, thousands of children across Europe were sent to rural areas or abroad under evacuation schemes initiated by governments and child welfare agencies.

I was terrified, I thought I was about to die They told us to escape and then they bomb people on the road. My father drove back to Gaza City. He said if we are dying anyway, let’s be at home in Gaza. Yet, Israel unlawfully imposed a “complete siege” of Gaza in response to the Hamas attacks on Israeli border communities last week, ordering no electricity, food, water or gas into the territory.

The traditional view is that occupation requires Israeli “boots on the ground” to administer Gaza from within. A more contemporary view is that Israel still retains a sufficiently high level of control over life in Gaza, despite its withdrawal of troops. If it is occupied, additional legal rules apply to the present situation.

‘Extremely dangerous’ The UN relief agency for Palestinians says it has run out of capacity to help, declaring an “unprecedented humanitarian catastrophe”. The International Committee of the Red Cross, the custodian of the law of war, rarely publicly rebukes governments. However, it has also called the evacuation order illegal. UN Secretary-General António Guterres has condemned it, as well, saying it is “extremely dangerous” and potentially impossible.

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