International Law Experts: Israel Doesn’t Need To Return Residents To Northern Gaza

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After claims have recently been made that Israel is obligated under international law to allow uninvolved residents of the northern Gaza Strip to return to their homes, a  detailed legal opinion has been presented to the political authorities which states that Israel has does not have any such legal obligation.

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The Yisrael Hayom newspaper reports that the opinion was signed by Dr. Rafi Biton of the Sapir College; Professor Eugene Kontorovich of George Mason University; Professor Avi Bell of the Bar-Ilan University Law Faculty; and the San Diego University Law Faculty.

The opinion considers the state of war from a moral and legislative perspective, and states that allowing residents of northern Gaza to return to their homes will prevent Israel from achieving one of its central goals in the war – namely, locating and recovering the hostages. Additionally, the opinion says that hostages were allegedly moved to southern Gaza under the aegis of the humanitarian corridors that Israel created, while being presented as being locals by their captors. “Requiring the army to allow residents to return is tantamount to requiring them to lose control of the main groups of hostages.”

Additionally, the opinion notes that, “Returning to northern Gaza is irrelevant as long as the war continues. One of the indications of the continued operations on the battlefield is the fact that Israel has not returned its civilian population that was evacuated from the corresponding areas near northern Gaza.”

“Even if the fighting in northern Gaza were to end, preventing enemy forces from returning is a legitimate strategy. There is no legal obligation that the IDF allow the population to return to northern Gaza, and there is no such obligation expected to develop in the next few months. The IDF has a vital military need that justifies preventing the return of the population as long as the war goes on and the hostages have not been recovered.”

 


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42 Comments
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Lgb
Lgb
3 months ago

Israel needs to bus them out. Load them up onto buses and send the into the desert. it’s not Israel’s problem. UNRWA can open a hub in the Sahara

No one
No one
3 months ago

75% of the people in Gaza are refugees, living in refugee camps. They have no legal standing to the land and can be moved anywhere. Moreover, the Geneva Convention, only states about force migrating to another country. If the governor of Texas can bus migrants around, so can Israel.

yisroel
yisroel
3 months ago

Gaza is part of Eretz Yisroel given to us by Hashem. Its time for the world to study
the history of Israel. This war is about preparing for the return all Yidden to Eretz Hakodesh. This area now known as Gaza is waiting to be rebuilt by its true owners
who are Am Yisroel. The development of beautiful residential and business areas for the ingathering of golus with the coming of Moshiach speedily in our days is in its begining stages. Gazans have the pro hamas countries to go to.

Mr. Me
Mr. Me
3 months ago

if they return they will definately repeat what they did in the past.they remorseles villians

Charlie Hall
Charlie Hall
3 months ago

They probably have to be allowed back after Hamas signs and ratifies a peace treaty with Israel.

Send us your most dangerous depraved society
Send us your most dangerous depraved society
3 months ago

Send them to America in California they will greet them with open arms. After all they’re a bunch of savage Jew haters and Californians love that

Mike
Mike
3 months ago

I agree that the Gaza is Israel’s but the world is on the verge of ww 3 and America allowes Israel to take half of Gaza then China will want Tawian, Russia, Ukraine and almost all counties are itching for war over land.

Maven
Maven
3 months ago

Basically it’s an expulsion of the Arab population. Something like this even atheist Thedore Herzel didn’t dream of. He wanted Jews to become as Goyim. But he never taught Jews would become this strong kicking out people from their places.