Israel’s “voluntary emigration” policy from the Gaza Strip constitutes the forced transfer of the civilian population – a war crime and crime against humanity

Four Israel-based human rights organizations warn Israel’s Defense Minister, Attorney General, and Military Advocate General that Israel's "voluntary emigration" policy from the Gaza Strip constitutes the forced transfer of the civilian population – a war crime and crime against humanity

Israel-based human rights organizations – Gisha, Adalah, The Association for Civil Rights in Israel, and HaMoked: Center for the Defence of the Individual – addressed Israel’s Defense Minister Israel Katz, Attorney General Gali Baharav-Miara, and Military Advocate General Yifat Tomer-Yerushalmi, demanding the immediate cancellation of the Security Cabinet decision from March 23, 2025, concerning “preparation for the possibility of voluntary departure of Palestinians in the Gaza Strip to third countries.” Following this decision, a “Voluntary Emigration Administration” was established within the Defense Ministry. The organizations demand that Israeli authorities not interfere with the freedom of movement of Gaza residents and refrain from imposing restrictions on their right to return to the Strip at any time and without conditions. The letter was written by Attorney Suhad Bishara of Adalah and Attorney Osnat Cohen-Lifshitz of Gisha.

 

The letter noted that statements by Defense Minister Israel Katz and Prime Minister Benjamin Netanyahu reveal an intention to promote and implement transfer from the Gaza Strip under the guise of “voluntary emigration.” It was recently reported that Israel is using intelligence information to send messages to Gaza residents, calling on them to contact a representative to coordinate their departure. Although the plan is presented as one that fulfills residents’ wishes, the organizations warn that in practice the move is intended “to expel Gaza residents to third countries without the possibility of returning to their homeland in the future.”

 

The organizations outlined the extremely dire humanitarian situation in the Gaza Strip, where Israel has created conditions that undermine the possibility of sustaining life. These conditions are the product of a deliberate policy aimed at encouraging – and in practice forcing – transfer. The organizations warned that Israel is conducting extensive attacks against civilians: “Israel tramples on the principles of distinction and precaution and does not hesitate to kill entire families, wherever they may be.” The systematic policy to destroy the means of food production within the Strip and severe restrictions on entry of aid have led to a situation where “the entire population – approximately 2.1 million people – faces serious risk of starvation (…). Half a million people (or one in five) face hunger,” and “approximately 71,000 children under five are expected to suffer from acute malnutrition in the coming year.” The letter notes that “due to the intensification of fighting, isolation from the outside world, direct bombing of medical facilities, and severe shortage of fuel, medical equipment, food and water,” the World Health Organization (WHO) has warned that it is approaching the point of no return. It was further noted that hundreds of thousands of people continue to be displaced under Israeli military orders, reducing the area permitted for residents to stay in the Strip: “Since Israel renewed its attack on the Strip on March 18, 2025, approximately 632,700 people (29% of the population) have been displaced again, and many of them fleeing without their personal belongings.”

 

The organizations emphasized that under these circumstances “any ‘encouragement’ and intervention by the State of Israel in the departure of Palestinians will be considered forced transfer under international law. Genuine ‘consent’ under these conditions simply does not exist, especially when Israel does not commit to allowing every Palestinian resident to return to their home at any time they wish without conditions. Therefore, the decision in question constitutes explicit planning for mass transfer of civilians and ethnic cleansing, while violating international law, amounting to war crimes and crimes against humanity.” Additionally, it was stressed that “Israel bears full legal responsibility as a party to hostilities and occupying power in the Strip. Violation of the law, with other countries does not reduce the severity of the crimes against protected residents.”

 

The only way to bring about change to this cruel reality that Israel has created in the Strip is by ending the war, removing restrictions on the movement of goods and humanitarian aid, and protecting civilians wherever they are. Following their demand to immediately cancel the illegal cabinet decision, the organizations warned that “the State of Israel must allow Gaza Strip residents full freedom of movement and must not prevent them from leaving the territory as they wish, without Israel’s intervention. In addition, the right of Palestinians who leave to return home to the Strip at any time and without conditions is an absolute right.”

 

To read the letter (Hebrew), see here.

 

Photo by Falsh90