Middle East

UN says destruction in Gaza amounts to 'grave breach' of Fourth Geneva Convention, war crime

UN rights chief Volker Turk says clearing buildings to create ‘buffer zone’ does not appear consistent with military operations

Burak Bir  | 08.02.2024 - Update : 08.02.2024
UN says destruction in Gaza amounts to 'grave breach' of Fourth Geneva Convention, war crime A view of the demolition as the Palestinians return to their neighbourhood to search for their belongings at the Shuja'iyya district after Israeli forces withdrew from the area in Gaza City, Gaza on February 6, 2024.

LONDON

 The UN human rights chief warned Thursday that the Israeli army reportedly trying to create a buffer zone near the Israel-Gaza fence breaks international war and amounts to a “war crime.”

In a statement Volker Turk said the Israeli army is reportedly destroying all buildings within the Gaza Strip that are within a kilometer of the Israel-Gaza fence, clearing the area to create a “buffer zone.”

“I stress to the Israeli authorities that Article 53 of the Fourth Geneva Convention prohibits destruction by the Occupying Power of property belonging to private persons ‘except where such destruction is rendered absolutely necessary by military operations’,” said Turk.

He said destructions to create a “buffer zone” for general security purposes do not appear consistent with the narrow “military operations” exception in international humanitarian law.

“Further, extensive destruction of property, not justified by military necessity and carried out unlawfully and wantonly, amounts to a grave breach of the Fourth Geneva Convention and a war crime,” said Turk.

He said that since late October 2023, the Human Rights Office recorded widespread destruction and demolition by the Israeli army of civilian and other infrastructure.

These included residential buildings, schools, and universities in areas where fighting is not or is no longer taking place, Turk added.

He said such demolitions also occurred in Beit Hanoun in North Gaza, As Shujaiyeh in Gaza City, and An Nuseirat Camp in Middle Gaza.

The UN rights chief said demolitions had been reported from other areas as well, with reports of the destruction of many residential buildings and blocks taking place in Khan Younis in recent weeks.

“Israel has not provided cogent reasons for such extensive destruction of civilian infrastructure,” Turk said.

He said such destruction of homes and other essential civilian infrastructure also entrenches the displacement of communities that were living in these areas before the escalation in hostilities.

It appears aimed at or has the effect of rendering the return of civilians to these areas “impossible,” he said.

“I remind the authorities that forcible transfer of civilians may constitute a war crime,” Turk added.

Last month, the International Court of Justice (ICJ) issued an interim order demanding Israel stop obstructing aid deliveries into Gaza and improve the humanitarian situation in the enclave, following a lawsuit by South Africa accusing Tel Aviv of committing genocide.

Israel has pounded Gaza since a cross-border attack by Palestinian group Hamas in October, which Tel Aviv said killed nearly 1,200 people.

At least 27,840 Palestinians have since been killed and 67,317 others injured in the Israeli onslaught, according to local health authorities.


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