Experts say President Trump’s proposal to occupy Gaza and remove nearly two million Palestinians living there will undoubtedly violate international law. As further details of his proposal are revealed, the list of potential violations becomes even more clear.
In a Fox News interview on Monday, Mr Trump said that under his plan, Gaza’s Palestinians would not be allowed to return to the area, which, in addition to violating an important principle of international law, as well as others. There is also a component. International crimes.
His latest comments have damaged their assistants’ efforts to return their initial proposal, which claims that he is really advising the Gaza population to temporarily, voluntarily evacuate. This is a scene that could be legally defended.
“Trump is merely giving major international crimes in policy proposals in policy proposals,” said Jenna Dill, co -director of the Oxford Institute for Ethics, Law and Armed Conference. “He only proposes to violate, or violate the absolute beds of international law.”
Forcible exile
Forced deportation or transfer of civilian population is a violation of international humanity law, war crimes and crime against humanity.
Ban Since the labor code, it has been a part of the law of war, which is a set of rules for holding hostility, which is from the American civil war. The Geneva Conventions have been banned from exile by several provisions, which the United States has endorsed, and after World War II, the Nuremberg Tribunal described it as a war crime.
Rome law, which has established the International Criminal Court, has given a list of both a list of war crime and crime against humanity. And if the migration targets a particular group on their ethnic, religious or national identity, then this is also persecution – an additional crime.
(Because the International Criminal Court recognizes the Palestinian state as a party to the court, so it has its jurisdiction over these crimes if they are located inside Gaza. It is true even if they did by US citizens. Gone, who has never adopted the law of Rome and so on.
When Mr Trump was asked during a news conference on February 4, how many populations he wanted to move Gaza, he said, “All,” added, “I think he would be very excited. “ When he was pressured whether he would force them to go, he said, “I don’t think they are not going to tell me.”
US allies and enemies around the world, including France, Germany, Ireland, Spain, Turkey, Russia and China, immediately condemned Mr Trump’s proposal. “In search of a solution, we should not worsen this problem,” said UN Secretary -General, Antonio Guterres. He said that it is very important to be true with the bedrock of international law. It is important to avoid any form of ethnic cleansing.
The right to come back
Mr Trump’s reaction to Fox News, saying that he did not intend to allow the Gaza population to return, could be the strongest legal defense of his plan. Safety
Even despite the firefire at this place, Gaza is extremely dangerous for ordinary citizens due to unmanned bombs, many of them are hidden under debris or underground, as well as civilians such as shelter, water and power. Destructive loss.
However, Mr Trump made it clear on Tuesday that he did not intend to allow Ghazan’s population to return, even after clearing these risks and the area is safe again. This will mean that its project cannot be temporarily justified. Safety measurement.
“Right to return,” the principle that all people have the right to enter their country, including several agreements, including an international covenant on urban and political rights, which the United States has signed and confirmed. Has
This principle has been the most controversial issue of the Israeli Palestinian conflict.
Israel has refused to allow the return of nearly 700,000 Palestinians to flee or forcibly forced or forced to flee during the 1948 war after the establishment of an independent Jewish state during the 1948 war.
The question of whether the refugees and their children, who are now among the millions, will be allowed to return to the area that is now Israel. Have tried to resolve the dispute. .
In addition, right -wing Israelis have tried decades to build settlements inside the West Bank and Gaza to claim this land as part of Israel rather than Palestinian state in the future.
The occupation of the area
On Sunday, Mr Trump reaffirmed his proposal for the United States to handle Gaza, and told reporters of Air Force One that the land belt is a “major real estate site” that the United States “go to it. Has been released. “
There will be a severe violation of international law for the United States for permanently handling the Gaza region. The most prohibited against the area that forcibly attaching a ban against a nation is the highest Important and fundamental principles Of International Law.
“There is a clear rule,” said Marco Melanovich, a professor of international law at the University of Reading in England. “You can’t conquer anyone else’s area.”
It is little for states to violate this principle. When they have an attack on Russia’s Ukraine, they claim at least some of the legal status. Russian President Vladimir Putin has claimed that the attack was necessary by the Ukrainian government to protect the Russian -speaking population of eastern Ukraine from genocide. Although this claim was incorrect, he paid a deep principle to the lip service that his affiliation for his own would be illegal.
In the case of Gaza, the details of the violation will be partially dependent that Palestine is considered a state, said Marco Melanovich, a professor of international law at the University of Reading, England. The United Nations recognized Palestine as a permanent observer state, and 146 of the UN members recognize the Palestinian state, but the United States and Israel do not do so.
But even if Gaza is not considered part of a state, the US affiliation with the area will violate the right to self -determination of the civilian population. The International Court of Justice has twice ruled that the Palestinian people are entitled to this right within Gaza.
“If you take it without their consent, you are violating their right to self -determination,” said Professor Melanovich. “There is really no doubt about it.”
The role of international law
Mr Trump was not regarded as how his proposal could be viewed by the international legal system, and he has shown hatred of these institutions.
Last week, it announced sanctions against the International Criminal Court. On Tuesday, it signed an executive order calling for a general review of US financial support and involvement in the United Nations, which raised questions about the US affiliation with the World Organization. He also withdrew the United States from the UN Human Rights Council.
Even if Mr Trump’s Gaza plan does not eventually move forward, his attitude towards international law can have serious consequences for US interests around the world.
In ignoring the value of these rules, Mr Trump could send a message that he was not strictly committed to defending him in other contexts, such as a potential Chinese attack on Taiwan.
He said, “If we live in a world where victory is made routine and legal rule is just aside, we live in a whole world in a world, which is incredible for Americans too. The extent is dangerous. “