The proposal to forcibly relocate the people of Gaza to Jordan and Egypt, as suggested by Trump, does not comply with international law and could constitute a potential war crime.
Article 49 of the Geneva Conventions provides essential protections for populations in occupied territories. It prohibits forced relocation of the population and states that occupying forces cannot compel individuals to move to other territories or countries. Any evacuation or relocation must be avoided and is strictly forbidden, regardless of intent. If relocation is absolutely necessary, affected individuals must be allowed to return as soon as possible. Additionally, families must remain together and must not be separated.
Customary International Law is a fundamental aspect of International Law, binding all parties without the need for ratification by individual countries. Some of these norms have been codified; for instance, Rule 51 emphasizes the importance of respecting private property and prohibits its confiscation or destruction. The protection of private property in occupied territories during conflicts is a well-established principle of international law, as further stated in Article 50 of the Oxford Manual. According to Article 46 of the Hague Regulations, private property is protected from seizure.
The principle of international law stipulates that ownership claims over occupied territory are not permissible. When a state occupies a territory, this situation is deemed a temporary occupation, and the occupying state does not acquire ownership rights over that land.
This principle was enshrined in the Treaty of Paris of 1928 and is reiterated in Article 2, Subsection 4 of the Charter of the United Nations. The International Committee of the Red Cross restated the same principle in its August 4, 2004 declaration, emphasizing that occupation does not confer ownership of the occupied territory to the occupying country.
The UN has declared Israel’s occupation beyond the limits set by the UN General Assembly as illegal. This principle was reaffirmed in General Assembly Resolution 194, and it was also adopted by the United Nations Conciliation Commission for Palestine (UNCCP) at a conference in Switzerland in 1949.
Additionally, various Security Council and General Assembly resolutions emphasize the commitment and enforcement of this principle, including Security Council Resolutions 476 and 478.
Security Council Resolution 242 emphasizes that the acquisition of territory by war is inadmissible and calls for Israel to withdraw from all occupied territories. Similarly, Article 45 of the Hague Convention supports this principle by stating that the occupying power cannot demand loyalty from the people of the occupied territories. This indicates that the area known as occupied Palestine should not be referred to as Israel; it remains Palestine, and the Palestinian citizens cannot be compelled to show obedience or loyalty to Israel.
Legal experts argue that the status of a state remains unchanged even if it is occupied. The principle is that “the state remains the same international person.” This principle was also reflected in the arbitration report prepared regarding the debt of the Ottoman Empire, which emphasized that the status of the occupying power should be that of the occupier and not the owner.
The Security Council’s Resolution 674 deemed Iraq’s occupation of Kuwait illegitimate. Similarly, the UN General Assembly’s resolution 62/243 urged the global community not to recognize the occupation of Azerbaijani territory. Additionally, resolution 3061 condemned the Portuguese occupation of Guinea-Bissau as illegitimate, and Resolution No. 3414 addressed the Palestinian Occupied Territories, all rooted in the same legal principles.
Gaza belongs to Palestinians, and their right to return cannot be denied under any circumstances. Palestinians deserve to be treated with respect and dignity under international law.
They echo the cry for justice. Let us not allow the grandeur of international law to fade into oblivion, nor the United Nations to become a relic of lost purpose. The voice of the Palestinian people reverberates with a profound and urgent plea; a call that must transcend borders and biases. Only then can we hope to heal the wounds that have lingered for far too long. It is our collective responsibility to listen, to act, and to ensure that the pursuit of justice remains a living and breathing endeavor—a beacon for all who yearn for peace and dignity in our world.
