Internally displaced persons (IDPs), according to the United Nations guidelines, are defined as “persons or groups of persons who have been forced to flee or to leave their homes or habitual places of residence, particularly as a result of or in order to avoid the effects of an armed conflict, … and who have not crossed an internationally recognized State border” [1]. This definition requires two essential elements: first, that the displacement is forced; second, that it occurs within the borders of a state. Applying this definition to the displacement situation in the Gaza Strip in general, and in Rafah in particular, it is clear that it applies, meaning that the rules governing internally displaced persons should be implemented.

International Humanitarian Law Prohibits the Displacement of Civilians

What happened in Rafah, as well as previously in other Gaza cities, would not have occurred if the occupying state had respected the minimum rules of international humanitarian law. International humanitarian law prohibits the displacement of civilians and forcing them to flee. Had the occupying power not explicitly violated the rules protecting civilians during military operations, the population would not have been forced to leave their homes. These rules include [2]:

1. Prohibition of retaliatory strikes on civilian objects and persons: Article 48 of Additional Protocol I states: “The parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives, and accordingly shall direct their operations only against military objectives, in order to safeguard the civilian population and civilian objects.” Nevertheless, the occupying power deliberately targeted civilian objects and property. This is evidenced by satellite imagery documenting destruction inflicted on homes and civilian infrastructure in Rafah [3], as well as on-the-ground and photographic documentation of damage caused during ground invasions throughout Gaza. Furthermore, the occupation’s actions resulted in the deaths of more than 41,084 civilians, including 16,673 children and 11,269 women [4], demonstrating deliberate massacres against civilians.
2. Prohibition of using starvation as a weapon against civilians: According to Article 54 of Additional Protocol I: “Starvation of civilians as a method of warfare is prohibited. It is forbidden to attack, destroy, remove, or render useless objects indispensable to the survival of the civilian population, such as food, agricultural areas, drinking water installations and supplies, and irrigation works, regardless of the purpose, whether to starve civilians, force them to flee, or for any other reason.” Similarly, Article 23 of the Fourth Geneva Convention and Articles 70–71 of Additional Protocol I prohibit obstructing humanitarian aid [5]. Despite this, from the first moment of the genocidal war, the occupation imposed all forms of starvation and siege on Gaza, closing crossings, cutting electricity and water, and preventing any aid from entering. Rafah, the Gaza Strip’s only gateway to the outside world, was completely besieged, demonstrating the deliberate use of starvation as collective punishment and as a coercive means to force displacement. In northern Gaza, the siege and systematic starvation continued for an entire year. On 9/2024, the Israeli army even stopped a UN convoy carrying polio vaccines, claiming armed militants were present—part of a long series of actions undermining the work of international relief agencies.
3. Prohibition of using civilians as human shields: Article 51 of Additional Protocol I explicitly states: “The presence of civilians or their movements shall not be used to render certain points or areas immune from military operations. Parties to the conflict shall not direct civilian movements in order to attempt to shield military objectives from attack.” Nevertheless, the occupation used civilians as human shields in the most egregious crimes against humanity. In Rafah, footage broadcast by Al Jazeera showed soldiers attaching a camera to a civilian and sending him into a tunnel [6]. Other footage from Nasser Hospital documented the occupation sending a detained civilian inside the hospital to deliver a message to those besieged within, only to execute him upon his return [7].
4. Prohibition of collective punishment: According to Articles 47–50 of the 1907 Hague Regulations, Article 33 of the Fourth Geneva Convention, and Article 75 of Additional Protocol I, parties to a conflict are prohibited from imposing collective punishment on civilians or seizing, destroying, or looting civilian property. Article 53 of the Fourth Geneva Convention states: “It is prohibited for the occupying power to destroy any private property, whether immovable or movable, belonging to individuals, groups, the state, public authorities, or social organizations, unless absolutely required by military necessity.” Yet, a brief review of Israeli practices in Rafah, and across Gaza during ground invasions, reveals a blatant violation of every aspect of international humanitarian law regarding collective punishment. The occupation applied collective punishment in its fullest sense: demolishing homes, displacing civilians, killing family members, or all three at once. This is facilitated by:
   • U.S. support, which prevents any legal accountability and shields the occupation from international military threats.
   • Legal loopholes in humanitarian law, such as exceptions in Article 53 of the Fourth Geneva Convention, which Israel exploits with full American backing. Many humanitarian law provisions contain broad exceptions, which powerful states can exploit.

Legal Rules Governing the Forced Transfer of Populations

Rule 129 [8] states:

1. “The parties to an international armed conflict shall not forcibly or arbitrarily deport or transfer civilians from occupied territory, except when the security of the civilians involved or imperative military reasons so demand.”
2. “The parties to a non-international armed conflict shall not forcibly or arbitrarily displace civilians for reasons related to the conflict, except when the security of the civilians involved or imperative military reasons so demand.”

The Nuremberg Charter emphasizes that forcibly transferring the population of occupied territories constitutes a war crime. Article 6(b) defines war crimes as including “murder, ill-treatment, and deportation of the inhabitants of occupied territories for forced labor or any other purpose…” Article 6(c) defines “crimes against humanity” as including “murder, extermination, enslavement, deportation, and other inhumane acts committed against civilians before or during the war.”

The Fourth Geneva Convention reinforces the prohibition of forced transfer or evacuation of civilians in international armed conflicts. Article 49 states: “Individual or mass forcible transfers, as well as deportations of protected persons from occupied territories to the territory of the occupying power or to any other occupied or non-occupied territory, are prohibited regardless of motive.”

As previously noted, humanitarian law contains many exceptions, which the occupying state exploits to harm unarmed civilians. The invasion of Rafah and other Gaza cities demonstrates that Israel flagrantly disregarded these provisions, rendering them effectively meaningless.

References:
[1] Training Guide on the Protection of Internally Displaced Persons, International Displacement Monitoring Centre (IDMC).
[2] Handbook on the Protection of Civilians in Armed Conflicts, Al Mezan Center for Human Rights.
[3] Aerial images published on social media.
[4] Latest update from the Palestinian Central Bureau of Statistics (14/9/2024), according to updates from the Palestinian Ministry of Health and UN OCHA.
[5] Internally displaced persons under international humanitarian law.
[6] Video broadcast by Al Jazeera, June 2024.
[7] Field and journalistic follow-up.
[8] Rule 129, Chapter 38, Customary International Humanitarian Law, Vol. 1, ICRC Publications.