alteration of the demographic composition of the territory. These policies create a coercive
environment that eventually results in forcible population transfer.411
Internally displaced Palestinians in the West Bank and the Gaza Strip currently lack protection
due to the absence of a state which is willing and able to provide such protection. On the one
hand, Israel is refusing to abide by IHL which obligates it to provide protection to the civilian
population.412 On the other hand, the PA is currently not able to provide protection for the
Palestinian population as a result of the effective control exercised by Israel on the territory,
particularly over Area C, where, in accordance with the Oslo Accords, Israel continues to
exercise full civil and security control over Palestinians.413
The IDP Protection Gap in the oPt
The Protection Gap in Gaza Strip
The majority of the Palestinian population in Gaza are refugees registered with UNRWA, and
most of them are people who have been internally displaced multiple times since the 1948 Nakba.
Despite it falsely claiming that it no longer occupies Gaza, Israel still maintains full effective control
within the meaning of Article 42 of The Hague Regulations and Article 6 of the Fourth Geneva
Convention over the Palestinian population in the territory, as well as over airspace, territorial
waters, and borders. Throughout the past three decades, Israel has unleashed multiple direct
and indiscriminate attacks against the Palestinian civilian population in Gaza, killing thousands,
devastating civilian infrastructure, and displacing the majority of the population multiple times.
Israel combines the ‘hot’ violence of its bombings, military operations, and violent suppression
of protests in Gaza with the ‘cold’ violence of its unending, suffocating blockade. During Israel’s
attack on Gaza in May 2021 alone, more than 120,000 Palestinians were internally displaced.414
Similarly, Israel’s most recent onslaught on Gaza in August 2022 – which murdered 49 Palestinians,
including 17 children – internally displaced more than 450 people.415 Thus, Palestinian IDPs in
Gaza are in a unique position in which they are being physically prevented from returning to
their homes in other areas of Mandatory Palestine, but are also under the imminent threat of
continuous displacement within the borders of Gaza at the hands of Israel.
411
Reynolds and BADIL, Coercive Environments (n 230).
Fourth Geneva Convention (n 398), art 47.
413
Despite the fact that Israel formally retired its troops from the Gaza Strip in 2005, it still should be considered as
exercising effective control over the territory. See BADIL, ‘No Safe Place: Crimes Against Humanity and War Crimes
Perpetrated by High-Level Israeli Officials in the Course of “Operation Protective Edge”’ (2016) Submission to the
International Criminal Court <https://reliefweb.int/report/occupied-palestinian-territory/no-safe-place-crimesagainst-humanity-and-war-crimes> accessed 3 October 2022. In the 2004 Wall Advisory Opinion, the International
Court of Justice (ICJ) recognized the applicability in the oPt of Human Rights instruments such the International
Covenant on Civil and Political Rights, the International Covenant on Economic, Social and cultural Rights and the
United Nations Conventions on the Rights of the Child. See Legal Consequences of the Construction of a Wall in the Occupied
Palestinian Territory (ICJ Advisory Opinion) 2004, paras 107-113 [hereinafter Wall Advisory Opinion] <https://www.
icj-cij.org/public/files/case-related/131/131-20040709-ADV-01-00-EN.pdf> accessed 3 October 2022.
414
Euro-Med Monitor, ‘Israel’s violations in its latest attack on Gaza’ (Euro-Med Monitor, 27 May 2021) <https://bit.
ly/3SYi39J> accessed 3 October 2022.
415
Anera, ‘Palestine Situation Report’ (Anera, 9 August 2022) <https://www.anera.org/blog/aneras-situation-reportfrom-gaza/> accessed 3 October 2022.
412
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