A UN expert on Monday warned that Israel’s ongoing debris clearance operations in the Gaza Strip involve the removal, relocation and crushing of debris in a manner that could serve to conceal evidence of possible human rights violations and atrocities.
Francesca Albanese, Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, commented on the importance of exercising caution in large-scale debris clearance efforts:
Before decisions regarding displacement or destruction are made by the occupying army or its allies, it is crucial that the recovery and dignified identification of human remains, the systematic documentation of sites and materials, the preservation of potentially relevant evidence, and an unbroken chain of custody occur under independent supervision.
It is estimated that 10,000 people may be buried under the rubble caused by the war in Gaza. In August, Palestinians were able to bury 112 people after a 17-day operation.
Albanese expressed concerns that the Order from January 2024, International Court of Justice (ICJ) regulations continue to be violated. The order states that Israel must take appropriate steps to preserve evidence related to possible violations of the Genocide Convention. In the Application submitted by South Africa, it is said The mass civilian casualtiesForced displacement and the lack of food, water and medical care demonstrate the intent to destroy the Palestinians in Gaza.
The Republic of South Africa stated this in its December 2023 application to the International Court of Justice when taken togetherthe commission of these acts satisfies both the mental and physical elements of identifying genocide within the meaning of the Genocide Convention, The mental element is divided into two parts – namely, evidence of a specific intention (special trick) the physical destruction of the target group and the commission of acts based on this intention.
Once the crucial hurdle of proving specific intent is met, the execution of any one of five delineated acts—killing members of the group, causing serious physical or mental harm, intentionally inflicting destructive living conditions, ordering measures to prevent births, or forcibly transferring children to another group—satisfies the physical requirement of the crime.
Albanese emphasized that any debris removal should be carried out with the utmost sensitivity and in strict compliance with regulations Minnesota Protocol to investigate potentially unlawful killings to ensure full responsibility.
Gaza has been bombed intermittently since the ceasefire in October, and with South Africa’s allegations still years away from being concluded, the Palestinians are once again in a situation of insecurity.
