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Conducting military operation by making Gaza uninhabitable is war crime - UN

"Calling for the evacuation of over 1 million individuals in Gaza, from the northern to the southern regions, is a breach of international law. This Israeli action amounts to an international crime." UN Rapporteur Balakrishnan Rajagopal said on Wednesday.

Agencies and A News WORLD
Published November 08,2023
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An Israeli army battle tank moves at a position in the Gaza Strip across the border from southern Israel on November 8, 2023, amid ongoing battles between Israel and Hamas. (AFP Photo)

Carrying out hostilities to systematically destroy civilian housing and infrastructure in Gaza is a "war crime," a UN expert said on Wednesday.

"The world must act now to end the horrifying and massive attacks against civilian housing and infrastructure in Gaza, which comes at a tremendous cost to human life," Balakrishnan Rajagopal, the UN special rapporteur on the right to adequate housing, said in a statement.

"Carrying out hostilities with the knowledge that they will systematically destroy and damage civilian housing and infrastructure, rendering an entire city-such as Gaza city-uninhabitable for civilians is a war crime," Rajagopal said.

Noting that bombardments of housing, civilian objects, and infrastructure are strictly prohibited by international laws, he stressed that such acts "amount to war crimes" and, when directed against a civilian population, they also amount to "crimes against humanity."

Using the term "domicide" to refer to such systematic or widespread attacks on housing and civilian infrastructure, he underlined that apartment buildings, hospitals, ambulances, refugee camps, schools, churches or mosques, water and electricity infrastructure for civilians are "not military objects."

He noted: "Even when civilian housing may be used by combatants to take shelter, as alleged in the attacks on the Jabalia refugee camp, launching attacks on entire apartment blocks is prohibited if they will lead to disproportionate damage, death and displacement of a large number of civilians."

"No asserted right of self-defense under international law can cover such attacks," he said, adding, "This is particularly the case when the right of self-defense is asserted in the context of an occupation."

Civilian housing in Israel is also "not a military object," the rapporteur stressed, adding that "launching indiscriminate rocket attacks on them from Gaza or elsewhere is a war crime."

Regarding the evacuation order from north to south Gaza, Rajagopal said: "Ordering the evacuation of more than 1 million people from northern Gaza into southern Gaza, knowing that it will be impossible to provide adequate housing and humanitarian aid, while maintaining a blockade, cutting off water, food, fuel and medicine and repeatedly attacking evacuation routes and 'safe zones' were a cruel and blatant violation of international humanitarian law."

"These actions by Israel constitute international crimes," he said.

He urged that the call for a ceasefire in the recent UN General Assembly resolution must be followed.

At least 10,328 Palestinians, including 4,237 children and 2,719 women, have been killed in Israeli air and ground attacks in the Gaza Strip since a cross-border attack by Hamas on Oct. 7. The Israeli death toll, meanwhile, is nearly 1,600, according to official figures.

Besides the large number of casualties and massive displacements, basic supplies are running low for Gaza's 2.3 million residents due to the Israeli siege.