- 以色列當局自2023年10月以來蓄意強迫加沙巴勒斯坦平民大規模遷移，觸犯戰爭罪和危害人類罪。
- 沒有任何可信的迫切軍事理由可以證明以色列使幾乎所有加沙人口大規模遷移（往往是多次）的合理性。軍方發出的「撤離令」不但沒有保障平民安全，反而造成嚴重傷害。
- 各國政府應該對以色列採取針對制裁和其他措施，並暫停軍售。國際刑事法院檢察官應以危害人類罪嫌對以色列的強迫遷移和剝奪返回權等行為展開調查。
（耶路撒冷）－人權觀察今天發表報告指出，以色列當局自2023年10月以來蓄意強迫加沙巴勒斯坦平民大規模遷移，觸犯戰爭罪和危害人類罪。這份報告發表時，以色列正在對加沙北部實施軍事行動，極可能再度導致數十萬平民被迫遷移。
這份154頁的報告《絕望、饑餓與圍困：以色列強迫遷移加沙巴勒斯坦居民》檢視以色列當局的行為如何導致加沙逾百分之90居民（即1,900萬巴勒斯坦人）被迫遷移，以及加沙大部分地區在最近13個月遭到廣泛破壞。以色列軍隊蓄意有計劃地拆除民房和民用基礎設施，包括在其似乎準備開闢「緩衝區」和安全「走廊」的地方，造成巴勒斯坦人可能被迫永久遷離。儘管以色列官員矢口否認，但他們的行為並未遵守戰爭法。
「以色列政府不能一面說要保護巴勒斯坦人的安全，一面卻沿著逃難路線殘殺他們，轟炸所謂的安全區，切斷糧食、飲水和衛生補給，」人權觀察難民和移民權利研究員娜迪亞・哈德曼（Nadia Hardman）說。「以色列公然違背保障巴勒斯坦人返回權的義務，實際上將大片地區夷為平地。」
人權觀察訪問了39名被迫遷移的加沙巴勒斯坦人，分析了以色列撤離系統，包括184件撤離令以及可證明廣泛破壞的衛星影像，並且核實了指定安全區和撤離路線受到攻擊的多件影片和照片。
閱讀這支影片的文字描述
DATE LOCATOR:
Oct, 2023,Gaza
SOUNDBITE: Ghassan, video diary
We’ve just been targeted. We’ve just been targeted. We’ve just been targeted by warplanes. We are now with the Red Crescent crews. Thank God for your safety, Firas. Thank you, Firas. No need to worry, we’re okay.
VO:
This is the story of two Palestinian residents, Ghassan and Sara, who sought to escape the violence in Gaza but were trapped in the hostilities and their lives irreversibly changed.
TITLE:
WARNING
This video contains violent images and descriptions
including people injured, and distressing scenes.
Viewer discretion advised.
TITLE:
NOWHERE IS SAFE
TITLE:
GHASSAN
DATE LOCATOR:
Oct, 2023, Gaza
VO:
Since the start of the hostilities, Ghassan has kept a video diary documenting his daily life.
SOUNDBITE: Ghassan, video diary
Jabalia camp is completely isolated from the world, they cut the internet, they cut everything.
VO:
Israel has enforced a tight blockade of Gaza. This has led to a humanitarian catastrophe. And an evacuation system that has unashamedly failed to keep civilians in Gaza safe.
SOUNDBITE: Ghassan
I have here [a video] when they [Israeli forces] dropped leaflets on us to evacuate. Leaflets demanding that we evacuate the area. Here it is clearly as you can see. “Head towards...”
this is the trap I’m talking about.
VO:
For the displacement of individuals to be lawful the following conditions are among those that must be met. Ensure people are moved safely, not separated from their families and have access to food,
water, sanitation and healthcare. The evacuation should be temporary, and displaced people should be free and able to return to their homes as soon as possible after the hostilities end in that area.
Israel’s military has displaced 90 percent of the Gaza population, around 1.9 million people.
VO/ANIMATED MAP:
This map shows the evacuation order on October 13, 2023, directing civilians towards supposed ‘safe zones.’ Human Rights Watch investigated the Israeli authorities’ policies and conduct. We found that repeated evacuations, mass destruction, and failure to provide safe passage or access to food, shelter or medical care make the displacement unlawful.
VO:
The level of intent and evidence of a state policy of forced displacement means these are war crimes
and crimes against humanity.
SOUNDBITE: Ghassan
During that time, there was chaos and panic. The street where I was walking was being
bombed, bombed, bombed everywhere.
SOUNDBITE: Ghassan, video diary
Here we are, displaced in the streets of Jabalia camp. No one knows anything about us,
and we’ve lost all means of communications. We found a car on the street,
and Hisham and I sat inside it. We don't know where to go, and this car isn't ours. But we opened its doors and sat inside. If someone finds this phone and we are no longer alive...let them tell the story and broadcast these recordings.
SOUNDBITE: Ghassan
Suddenly, I saw a massive flash...When you are in the epicenter of an explosion, you feel absolutely nothing. You start checking your body to see if you've lost any parts of it.
SOUNDBITE: Ghassan, video diary
This place was bombed last night. We are now in the early hours of dawn. I was inside this car. I was hit by shrapnel while sitting inside it. Can’t you see how bad it is [the destruction]? The post office building was targeted. While I was sitting inside this car.
SOUNDBITE: Ghassan
I owe my survival to that car, which shielded us from the blast and the flying shrapnel. Afterward, I decided that we had to escape from the north at least. Our relationship to the camp is our life, it's [the camp] our whole life.
SOUNDBITE: Ghassan
Displacement feels like your soul is being torn from your body.
SOUNDBITE: Ghassan, video diary
Everyone is evacuating to different places. I just left the camp heading to Rafah after being bombed. We're riding a donkey-drawn cart because there are no cars.
VO/ANIMATED MAP
The Salah al-Din Road is the main highway that runs north-south through the Gaza Strip. Israeli evacuation orders started on October 13, 2023, running until January, 4, 2024. They instructed people to flee using this road and assured “safe passage.” Later evacuation orders told people to use a different route. Investigations by Human Rights Watch through interviews, satellite imagery, photos and videos demonstrate that this road was rarely, if ever, safe.
SOUNDBITE: Ghassan
Honestly, there are moments when you feel like you are alone on this planet. That day, the electricity was completely cut off from the northern Gaza Strip. And also the water, which the occupation
[Israel] declared they had cut off from Gaza, and the communications and internet networks.
SOUNDBITE: Ghassan
When I reached Rafah, I realized it was a trap. A mousetrap, as we call it. We lived in a house consisting of three floors. Over 200 members of my family had sought refuge in this house.
Imagine, I was sleeping in a space only as large as my body. If I turn to this side, I bump into something and if I turn to the other side, I bump into something.
SOUNDBITE: Ghassan video diary
The bombing continues, with massive destruction and limited resources.
TITLE:
Hamoud, Ghassan’s son
SOUNDBITE: Ghassan video diary
And this is Hamoud.
SOUNDBITE: Ghassan video diary
What do you think of the current situation?
SOUNDBITE: Hamoud, [Ghassan’s son] video diary
Good.
SOUNDBITE: Ghassan video diary
Are you scared of the sounds of bombing?
SOUNDBITE: Hamoud, [Ghassan’s son] video diary
Yes.
SOUNDBITE: Ghassan video diary
What is your wish?
SOUNDBITE: Ghassan video diary
For the war to end.
SOUNDBITE: Ghassan video diary
Where do you want to go?
SOUNDBITE: Ghassan video diary
Do you want to go back home?
SOUNDBITE: Ghassan video diary
Come, Bilal.
TITLE:
Bilal, Ghassan’s son
SOUNDBITE: Ghassan video diary
What’s your wish, Bilal?
SOUNDBITE: Bilal [Ghassan’s son] video diary
To go back home.
SOUNDBITE: Ghassan video diary
Do you want to go back home?
SOUNDBITE: Bilal [Ghassan’s son] video diary
Yes, to eat and drink.
SOUNDBITE: Ghassan video diary
To eat and drink.
SOUNDBITE: Ghassan video diary
We hope the war ends and we return to our homes.
SOUNDBITE: Ghassan
They [Israeli forces] claimed Rafah is a safe area, that Rafah has humanitarian aid. When did aid actually reach Gaza? I spent about a month in Rafah, standing in queues. I stood from 7 a.m. until 2 p.m. to get some bread that I bought with my own money. News started spreading that they [Israeli forces] will invade Rafah, and I lived in the Brazil neighborhood on the border. This mix of news and the psychological state caused by the war forced us to flee. Especially that they [Israeli forces] were
heavily bombing apartments and homes. So, our option was to move into a tent with the rest of the displaced people.
VO:
Under the laws of war, Israel, as the occupying power, is only permitted to temporarily evacuate
people under its control for specific reasons. Israel must allow all the displaced to return once hostilities end. Instead, most of housing and civilian infrastructure has been destroyed so that much of Gaza is uninhabitable. Rather than meet its obligations to put in place basic protections to ensure access to food, water, sanitation and health care. Israel has taken steps to cut them off.
SOUNDBITE: Ghassan
People began fleeing from the displacement camp in Rafah little by little. The camp was so crowded that you couldn't see the sand because there were so many tents. We arrived here [Deir al-Balah], and as you know, there is no truly safe place in Gaza. The shelling continues in this area. There is no safety. In truth, I don’t recall ever feeling safe since I was displaced from the north. I can’t sleep. My mind is always wandering.
TITLE:
SARA
VO/ANIMATED MAP:
On December 1, 2023, the Israeli military released an interactive map dividing Gaza into 620 numbered blocks and continued to post and distribute evacuation orders referencing this block system. On December 7, 2023, Sara’s family home in Khan Younis was not in a block slated for evacuation. Human Rights Watch interviewed Sara and analyzed satellite imagery, video
and photographs taken from that day. The information gathered indicates that the Israeli military knew or should have known that civilians were living in this block.
TITLE:
An actor’s voice has been used to protect Sara’s identity.
Sara is not her real name.
SOUNDBITE: Sara
The Israeli’s had renamed our area by blocks so everyone could keep track of where there could be strikes, we were living in block G, number 108. At around 4 p.m. I was coming home from work, what I saw as I approached was a massacre, it was hectic, everyone was screaming, and all I could see was fire and destruction. I was scared because my kids were home and my sisters were taking refuge at my house, so we had about 20 people living in our apartment on the third floor. Thank God my family in the apartment were ok, it was the building just next to us that had been hit. There was so much damage to the building I couldn’t enter, I could see bodies, people under the rubble. Many people died that day. Seeing all of this has affected my kids hugely, it changed us all.
VO/ANIMATED MAP:
By analyzing online evacuation orders and photographs of air-dropped leaflets posted online, Human Rights Watch established that block 108 was not designated for evacuation until six-and-a-half weeks after this strike. Human Rights Watch identified at least six additional strikes in this block before the attack on Sara’s relatives’ home which also damaged hers on December, 7, 2023. Just dozens of meters from that attack two additional strikes were carried out in the same timeframe. Analysis of satellite imagery shows that the attack on Sara’s relatives’ home was not an isolated incident.
VO/ANIMATED MAP:
The evacuation system failed to keep people safe. Evacuation orders were inconsistent, inaccurate and frequently not communicated to civilians at all, or with enough time to allow evacuations. The sheer number of Palestinian civilians forced from their homes demonstrates that displacement in Gaza is widespread.
VO:
It is also systematic and intentional and unlawful, forming part of Israeli state policy. This amounts to a crime against humanity. Israel should stop collectively punishing civilians in Gaza. Governments should publicly condemn Israel’s forced displacement of the civilian population as a war crime and crime against humanity and suspend military assistance and arms sales to Israel.
TITLE:
Sara, Actor’s voice
SOUNDBITE: Sara
In previous wars they did target specific places, but we would know in advance, and be given warning. This war is completely different. There is nowhere safe for us to go.
SOUNDBITE: Ghassan
I fear living through another displacement experience, and I fear that winter may come before the war ends. Because this tent you see in front of you won’t hold up in winter. The feeling of loss itself is beyond comparison to any other feeling. I hope...that the time will come when I return to my home,
and I rest my head on my pillow in freedom and peace.
END CREDITS:
Narrator: Nadia Hardman
Producer / Editor: Ellie Kealey
Producers: Gabi Ivens, Carolina Jordá Álvarez, Léo Martine, Ekin Ürgen
Videographer: Yousef al Masharawi
Graphics: Win Edson
Additional footage / Photographs: Ghassan Salem, AFP, IMAGO
Music: Audio Network
根據適用於被佔領土的武裝衝突法，唯有因迫切的軍事理由或為保護居民安全才能例外對平民實施遷移，並應提供保障和適當設施以收容被遷移平民。以色列官員聲稱，由於巴勒斯坦武裝團體藏身於平民人口之間進行戰鬥，軍方可以合法撤離平民以便在攻擊武裝團體時避免平民傷亡。人權觀察的研究顯示，這種說法大體不實。
人權觀察發現，沒有任何可信的迫切軍事理由可以證明以色列使幾乎所有加沙人口（往往是多次）大規模遷移的合理性。以色列的撤離系統嚴重傷害當地居民，而且通常只達到散佈恐懼和焦慮的目的。以色列軍隊沒有保護被遷移平民的安全，反而多次攻擊指定撤離路線和安全區。
撤離令內容不一致、不準確，下達時往往沒有留給平民足夠時間（甚至不留任何時間）以預備撤離。這些命令也沒有顧及身心障礙者和其他無法自力撤離者的需求。
作為佔領國，以色列有義務確保被遷移平民得到適足收容設施，但當局禁止除一小部分以外的人道援助、淨水、電力和燃料送達加沙待援平民。以色列的攻擊行動損壞或摧毀了民眾急需的維生資源，包括醫院、學校、水電設施、麵包廠和農耕用地。
以色列也有義務確保被遷移民眾一俟當地敵對情勢終止即可返回家園。然而，以色列已造成加沙大片地區不適人居。以色列軍方蓄意拆毀或嚴重破壞民用基礎設施，包括有計劃拆除民房，其目的似乎是要開闢加沙和以色列邊境的長期「緩衝區」以及一條分割加沙的走廊。摧毀相當徹底，顯示有意永久遷移大量居民。
以色列應尊重被遷移的巴勒斯坦平民返回加沙原居地的權利。近80年來，以色列當局剝奪加沙百分之80人口返回家園的權利，這些人都是1948年被逐出或逃離今日以色列（巴勒斯坦人稱之為「Nakba」，意為「大災難」）的難民及其後代。這種持續侵犯行為長期籠罩加沙巴勒斯坦人的生活，許多受訪者談到近期經歷有如第二次「大災難」。
從敵對情勢第一天起，以色列政府和戰爭內閣高級官員就表明了遷移加沙巴勒斯坦人口的意圖，多名部會首長曾說加沙領域必將縮小，或說把加沙整個炸掉或夷平是「大快人心」，還說要把土地移交給以色列定居者。2023年11月，以色列農業與農村發展部部長狄希特（Avi Dichter）說：「我們正在展開加沙『大災難』。」
人權觀察發現，強迫遷移相當廣泛，並有證據顯示它是有計劃的，屬於國家政策的一部分。這種行為足以構成危害人類罪。
以色列當局針對屬於另一個族群團體的加沙巴勒斯坦人進行有組織的暴力遷移，並可能在緩衝區和安全走廊範圍內以永久遷離為目的。以色列當局的這種行為構成種族清洗。
數十年來，以色列和巴勒斯坦的嚴重人權侵犯受害者面對著加害者免責的高牆。加沙巴勒斯坦人至今生活在長達17年的非法封鎖之下，這是以色列當局對巴勒斯坦人犯下種族隔離和迫害等持續性危害人類罪行的一部分。
各國政府應當公開譴責以色列強迫遷移加沙平民人口的戰爭罪和危害人類罪行為，並施壓以色列立即停止相關犯罪，遵守國際法院的多項具拘束力命令，並遵守該法院於7月作出的諮詢意見所闡明的各項義務。
國際刑事法院檢察官應以涉嫌危害人類罪調查以色列的強迫遷移和剝奪返回權行為。各國政府也應公開譴責對國際刑事法院的業務、官員和與之合作人員進行威脅或干涉的行為。
各國政府應採取針對制裁和其他措施，包括檢討與以色列的雙邊協議，以施壓以色列政府遵守其保護平民的國際義務。
美國、德國和其他國家應立即中止對以色列的武器轉移和軍事援助。繼續向以色列供應軍事裝備可能構成戰爭罪、危害人類罪和其他嚴重人權侵害的共犯。
「以色列軍方正在對加沙巴勒斯坦人實施殘暴罪行，這是無可辯駁的事實，」哈德曼說。「美國、德國和其他國家若向以色列提供武器和援助，等於是無限度支持以色列繼續施暴，從而不斷提高這些國家被視為共犯的可能性。」
