US academics offer 'legal' backing to Israeli ethnic cleansing of Gaza

By Al Mayadeen English
Source: Agencies
4 Jan 2024 21:07

The claim was penned down by four so-called legal experts, two of whom two are holders of US citizenship and work in US universities.

A Palestinian woman displaced by the Israeli bombardment sits in a makeshift tent in Rafah, Gaza Strip, Tuesday, Jan. 2, 2023 (AP Photo/Hatem Ali)

Israeli newspaper Yisrael Hayom on Thursday reported that a group of so-called legal experts asserted that the Israeli regime is not obligated to permit Palestinians to return to Gaza.

The claim was penned down by four legal experts, two of whom two are holders of US citizenship and work in US universities, and was sent to Israeli authorities for consideration, the report said.

The signatories of the letter are Dr. Rafi Biton of Sapir College, Professor Eugene Kontorovich of George Mason University, Professor Avi Bell of Bar-Ilan University Law Faculty, and the San Diego University Law Faculty.

This happens as the Israelis are facing an ICJ genocide case presented by South Africa.

"Israel" on Friday dismissed South Africa's launch of a genocide case against it at the International Court of Justice. Despite the sea of war crime evidence, the regime labeled the case as a groundless blood libel lacking legal merit and asserted that its army was adhering to international humanitarian law.

In a statement, the court detailed the ICJ "will hold public hearings at the Peace Palace in The Hague... in proceedings instituted by South Africa against Israel," on Thursday 11, and Friday 12 January.

What does the letter argue?

According to the so-called legal experts, the return of residents to northern Gaza would hinder "Israel's" primary objectives, which include locating and returning Israeli captives.

The inclusion of this argument is peculiar because since the start of the aggression, "Israel's" indiscriminate bombing of the Strip suggests that the regime has no regard for the lives of captives.

The experts further alleged that the captives were relocated to southern Gaza through humanitarian corridors that were established by "Israel," while captives themselves were disguised as locals by their captors.

The letter asserts that compelling the Israeli Occupation Forces (IOF) to permit Palestinians' return equates to relinquishing control over significant groups of captives.

Secondly, the letter argues that returning to northern Gaza remains irrelevant as long as the war persists.

It points out that "Israel" has not repopulated the evacuated civilian areas near northern Gaza, indicating ongoing battlefield operations.

Even if the fighting were to cease in northern Gaza, the opinion argues that preventing resistance forces from returning is a legitimate strategy, citing a vital military need justifying the population's continued absence until the war concludes and captives are recovered.

"The [IOF] 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," the letter reads.

Strategies for ethnic cleansing

A disturbing report published by the Times of Israel on Wednesday reported that Israeli officials have held talks with several countries regarding the potential absorption of forcibly displaced Palestinians.

This suggests that residents of the embattled Strip may not be granted the right of return once the Israeli aggression comes to an end, consequently, effectively ethnically cleansing the strip.

During a Likud meeting last Monday, Netanyahu stated that he is actively involved in facilitating the expulsion of Palestinians to other countries.

One of the strategies discussed involved sending Palestinians to an already war-torn Congo, while another involved sending Palestinians to the Gulf to work in slave-like conditions as construction workers.

According to the report, the coalition led by Prime Minister Benjamin Netanyahu is currently engaged in talks with Congo and several other countries for the potential resettlement of thousands of displaced Palestinians from Gaza.

"Congo will be willing to take in migrants, and we’re in talks with others," a senior source in the security cabinet said.

The plans for forced displacement have received support from the extremist Religious Zionism and Otzma Yehudit parties, led by Finance Minister Bezalel Smotrich and Internal Security Minister Itamar Ben Gvir, respectively.

The US State Department criticized Bezalel Smotrich and Itamar Ben Gvir on Tuesday for endorsing the expulsion of Palestinians outside Gaza, condemning their rhetoric as "inflammatory and irresponsible."

The following day, Smotrich dismissed the comments, asserting that over 70 percent of Israelis support the notion of "encouraging voluntary immigration" on the basis that "two million people [in Gaza] wake up every morning with the desire to destroy the State of Israel."

Ministers and lawmakers from Netanyahu's Likud party have also endorsed the policy.