The Times Australia
The Times World News

.

Israel’s Rafah camp – ‘humanitarian city’ or crime against humanity?

  • Written by Shannon Bosch, Associate Professor (Law), Edith Cowan University




Israel’s Defence Minister Israel Katz has announced a controversial plan[1] to move up to 600,000 Palestinians in Gaza into a designated “humanitarian area” on the ruins of the southern city of Rafah.

Access to the camp would be through strict security screening to ensure entrants were not Hamas operatives. Once inside, the perimeter would be sealed off by the Israeli military. Palestinians would not be allowed to leave.

Eventually the camp would house the entire 2.1 million population of Gaza.

Camp construction would begin during the proposed 60-day ceasefire being negotiated by Israel and Hamas

‘Illegal and inhumane’

The plan is illegal, inhumane and risks worsening the humanitarian crisis in Gaza.

A man stands in front of an Israeli tank in Gaza
The Israeli plan is to eventually force Gaza’s entire population into the Rafah camp. Ariel Shalit/AAP[2]

The forced displacement and containment of any civilian population in an occupied territory is a violation of international humanitarian law[3].

Done on this scale would constitute a war crime[4] and a crime against humanity[5] under the Rome Statute.

The UN Security Council, UN General Assembly and UN Commission on Human Rights[6] have all condemned instances of forced transfer in armed conflicts.

So too, the International Committee of the Red Cross and the Red Crescent, which have stressed the fundamental prohibition[7] of forced displacement of a civilian population and the need for all parties to respect this prohibition.

For their own protection?

Katz is describing the camp as a “humanitarian city”. The Israeli military says Palestinians would only be contained for their own protection[8].

As we have seen, civilian displacement is prohibited. But there is an exception[9] if a case can be made either for military reasons or the protection of the population.

However, this exception only exists for as long as the conditions warrant for it to exist. Anyone subject to such an evacuation must be transferred back to their homes as soon as possible.

Imperative military reasons never justify the removal of a civilian population in order to persecute it. The Guiding Principles on Internal Displacement[10] entrenches the duty of international actors to avoid creating the conditions that might lead to the displacement of people.

Aid dilemma

Katz has indicated international organisations would be responsible for managing aid and services inside the area.

But Israel has a history of defying even orders from the International Court of Justice[11] to allow humanitarian aid to reach the Palestinians in Gaza.

If international humanitarian agencies were called upon to service the camp, they would face a dilemma.

They would need to decide whether to cooperate in managing aid under conditions that compromise their neutrality and ethical standards, deny basic human rights and are built on violations of international law.

Aid groups would risk being complicit in a process that sets up a transit camp for Palestinians before possibly expelling them from Gaza altogether.

This “humanitarian city” would essentially become an open-air prison. Palestinians would be reliant on international aid under strict Israeli military control.

Mass expulsion?

Could the Rafah camp be a precursor to mass expulsion from Gaza and what does international law say about that?

Palestinian men, women and children walking along a road in Gaza.
The Rafah camp is believed to be a precursor to a mass emigration plan to clear Palestinians from Gaza. Abdel Kareem Hana/Shutterstock[12]

Katz has been quoted saying Israel aims to implement[13] “the emigration plan, which will happen” – meaning Gazans will eventually be forced to leave for other countries.

Changing the demographic composition of a territory – ethnic cleansing[14] – achieved through the displacement of the civilian population of a territory is strictly prohibited under international law.[15]

The idea of displacing Palestinians has long been part of Israeli strategic thinking, but this announcement signals a dangerous escalation and intention to permanently alter Gaza’s demographic landscape through displacement and containment.

Voluntary exodus?

According to Katz, Gazans would have the option[16] of “voluntary” emigration.

Indeed, speaking at the White House this week, Prime Minister Benjamin Netanyahu said there would be no forced exodus[17] from Gaza:

If people want to stay, they can stay, but if they want to leave, they should be able to leave.

But the scale of the humanitarian crisis in Gaza[18] is incomprehensible.

The population has been displaced multiple times and 90% of homes[19] in Gaza are damaged or destroyed. The healthcare, water, sanitation and hygiene systems have collapsed[20].

On average 100 Palestinians[21] are killed daily as they try to access food.

These crisis circumstances negate the voluntary nature of any person’s consent to either the transfer to the Rafah camp or ultimately, the departure from Gaza.

According to Amos Goldberg[22], historian of the Holocaust at the Hebrew University of Jerusalem, what the defence minister laid out was clear plans for the ethnic cleansing of Gaza:

[it is] a transit camp for Palestinians before they expel them. It is neither humanitarian nor a city.

References

  1. ^ announced a controversial plan (www.timesofisrael.com)
  2. ^ Ariel Shalit/AAP (photos.aap.com.au)
  3. ^ international humanitarian law (ihl-databases.icrc.org)
  4. ^ war crime (ihl-databases.icrc.org)
  5. ^ crime against humanity (ihl-databases.icrc.org)
  6. ^ UN Security Council, UN General Assembly and UN Commission on Human Rights (ihl-databases.icrc.org)
  7. ^ fundamental prohibition (international-review.icrc.org)
  8. ^ own protection (www.theguardian.com)
  9. ^ an exception (ihl-databases.icrc.org)
  10. ^ Guiding Principles on Internal Displacement (www.unhcr.org)
  11. ^ defying even orders from the International Court of Justice (www.amnesty.org)
  12. ^ Abdel Kareem Hana/Shutterstock (photos.aap.com.au)
  13. ^ aims to implement (www.timesofisrael.com)
  14. ^ ethnic cleansing (www.britannica.com)
  15. ^ strictly prohibited under international law. (ihl-databases.icrc.org)
  16. ^ the option (www.timesofisrael.com)
  17. ^ no forced exodus (www.reuters.com)
  18. ^ humanitarian crisis in Gaza (news.un.org)
  19. ^ 90% of homes (www.doctorswithoutborders.org)
  20. ^ have collapsed (bmcpublichealth.biomedcentral.com)
  21. ^ 100 Palestinians (www.aljazeera.com)
  22. ^ Amos Goldberg (harici.com.tr)

Read more https://theconversation.com/israels-rafah-camp-humanitarian-city-or-crime-against-humanity-260809

Times Magazine

Headless CMS in Digital Twins and 3D Product Experiences

Image by freepik As the metaverse becomes more advanced and accessible, it's clear that multiple sectors will use digital twins and 3D product experiences to visualize, connect, and streamline efforts better. A digital twin is a virtual replica of ...

The Decline of Hyper-Casual: How Mid-Core Mobile Games Took Over in 2025

In recent years, the mobile gaming landscape has undergone a significant transformation, with mid-core mobile games emerging as the dominant force in app stores by 2025. This shift is underpinned by changing user habits and evolving monetization tr...

Understanding ITIL 4 and PRINCE2 Project Management Synergy

Key Highlights ITIL 4 focuses on IT service management, emphasising continual improvement and value creation through modern digital transformation approaches. PRINCE2 project management supports systematic planning and execution of projects wit...

What AI Adoption Means for the Future of Workplace Risk Management

Image by freepik As industrial operations become more complex and fast-paced, the risks faced by workers and employers alike continue to grow. Traditional safety models—reliant on manual oversight, reactive investigations, and standardised checklist...

From Beach Bops to Alpine Anthems: Your Sonos Survival Guide for a Long Weekend Escape

Alright, fellow adventurers and relaxation enthusiasts! So, you've packed your bags, charged your devices, and mentally prepared for that glorious King's Birthday long weekend. But hold on, are you really ready? Because a true long weekend warrior kn...

Effective Commercial Pest Control Solutions for a Safer Workplace

Keeping a workplace clean, safe, and free from pests is essential for maintaining productivity, protecting employee health, and upholding a company's reputation. Pests pose health risks, can cause structural damage, and can lead to serious legal an...

The Times Features

Tricia Paoluccio designer to the stars

The Case for Nuturing Creativity in the Classroom, and in our Lives I am an actress and an artist who has had the privilege of sharing my work across many countries, touring my ...

Duke of Dural to Get Rooftop Bar as New Owners Invest in Venue Upgrade

The Duke of Dural, in Sydney’s north-west, is set for a major uplift under new ownership, following its acquisition by hospitality group Good Beer Company this week. Led by resp...

Prefab’s Second Life: Why Australia’s Backyard Boom Needs a Circular Makeover

The humble granny flat is being reimagined not just as a fix for housing shortages, but as a cornerstone of circular, factory-built architecture. But are our systems ready to s...

Melbourne’s Burglary Boom: Break-Ins Surge Nearly 25%

Victorian homeowners are being warned to act now, as rising break-ins and falling arrest rates paint a worrying picture for suburban safety. Melbourne residents are facing an ...

Exploring the Curriculum at a Modern Junior School in Melbourne

Key Highlights The curriculum at junior schools emphasises whole-person development, catering to children’s physical, emotional, and intellectual needs. It ensures early year...

Distressed by all the bad news? Here’s how to stay informed but still look after yourself

If you’re feeling like the news is particularly bad at the moment, you’re not alone. But many of us can’t look away – and don’t want to. Engaging with news can help us make ...