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Israel’s Gaza Evacuation Order Could Breach International Law, Says UN 

Smoke rises after Israeli air strikes on the northern Gaza Strip, 17 October 2023. (EPA)
Smoke rises after Israeli air strikes on the northern Gaza Strip, 17 October 2023. (EPA)
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Israel’s Gaza Evacuation Order Could Breach International Law, Says UN 

Smoke rises after Israeli air strikes on the northern Gaza Strip, 17 October 2023. (EPA)
Smoke rises after Israeli air strikes on the northern Gaza Strip, 17 October 2023. (EPA)

The United Nations human rights office said on Tuesday that Israel's siege of Gaza and its evacuation order for the north of the enclave could amount to a forcible transfer of civilians and be in breach of international law.

Speaking to reporters in Geneva, Ravina Shamdasani, spokesperson for the UN human rights office, said Israel seemed to have made no effort to ensure the civilians temporarily evacuated in Gaza were provided with proper accommodation, as well as satisfactory conditions of hygiene, health, safety and nutrition.

"We are concerned that this order, combined with the imposition of a complete siege of Gaza, may not be considered as lawful temporary evacuation and would therefore amount to a forcible transfer of civilians in breach of international law," she said.

"Those who managed to comply with the Israeli authorities' order to evacuate are now trapped in the south of the Gaza Strip, with scant shelter, fast-depleting food supplies, little or no access to clean water, sanitation, medicine and other basic needs."

The term "forcible transfer" describes the forced relocation of civilian populations and it is a crime against humanity punishable by the International Criminal Court (ICC).

In separate comments, the World Food Program said its food supplies in Gaza were running low but that it was stockpiling supplies in the Egyptian city of Al-Arish nearby.

Abeer Etefa, WFP Regional Communications Lead for the Middle East and North Africa, said they hoped "to cross as soon as the border access is granted."

"We call for unimpeded access, safe passage to desperately needed humanitarian supplies to Gaza," she said.

Trucks carrying supplies headed towards the Rafah crossing in Egypt, the only access point to the enclave outside of Israel's control, though it was not certain whether they would be able to cross.

Fuel reserves at all hospitals across Gaza are expected to last for an additional 24 hours only, according to the UN Palestinian agency UNRWA.

"The shutdown of backup generators would place the lives of thousands of patients at serious risk," it said.

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Cairo May Request Extradition of Qaradawi’s Son from Abu Dhabi

Umayyad Square in Damascus (Reuters)
Umayyad Square in Damascus (Reuters)
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Cairo May Request Extradition of Qaradawi’s Son from Abu Dhabi

Umayyad Square in Damascus (Reuters)
Umayyad Square in Damascus (Reuters)

As Lebanese authorities proceed with the deportation of Egyptian activist Abdel Rahman al-Qaradawi, the son of the late cleric Yusuf al-Qaradawi, to the United Arab Emirates, an Egyptian source involved in the case told Asharq Al-Awsat that Cairo plans to formally request his extradition from Abu Dhabi once he arrives there.

Controversy has surrounded the case since Lebanon announced that the government had approved the deportation of Qaradawi to the UAE instead of Egypt, where he holds citizenship.

Former Lebanese Foreign Minister Adnan Mansour explained to Asharq Al-Awsat that citizenship is not an obstacle in extradition cases between countries, saying that a state may decide to extradite a person to another country even if they hold the nationality of a third state, as in the case of Qaradawi’s son.

According to Lebanese sources, the decision to extradite Qaradawi to the UAE is based on a warrant issued by the Council of Arab Interior Ministers. As a member of the council, Lebanon is obligated to comply with the UAE’s request, despite the absence of a direct bilateral extradition agreement between the two countries.

Additionally, the extradition decision was influenced by the fact that the charges against Qaradawi are criminal, not political, as political charges would prevent extradition and instead warrant protection under international conventions.

An Egyptian judicial source told Asharq Al-Awsat that the International Cooperation Office of Egypt’s Public Prosecutor had prepared a comprehensive file containing all rulings issued against Qaradawi to ensure that the extradition request met all legal requirements. This file was sent to Lebanese judicial authorities through official channels. However, Egypt has yet to receive a response from Lebanon, though one is expected in the coming days.

Dr. Mohammed Mahmoud Mehran, a member of the American and European societies for international law, told Asharq Al-Awsat that international law generally allows extradition when the individual is either a citizen of the requesting state, has committed a crime on its territory, or when the requesting state has a direct legal interest in the case.

As Qaradawi is an Egyptian citizen, Egypt “has the legal right to request his extradition under international law and bilateral agreements, provided all legal conditions are met,” Mehran said.

Meanwhile, Qaradawi’s lawyer, Mohammed Sablouh, confirmed plans to file an urgent appeal in Lebanese courts to prevent his client’s extradition, according to Reuters. Mehran explained that extradition laws grant the individual the right to appeal in court, while the requesting states also have the right to challenge decisions.

Mehran suggested that if Qaradawi is ultimately handed over to the UAE, it is highly likely he will later be extradited to Egypt after procedural requirements in the Emirates are fulfilled. This is due to the strong bilateral relations and close security coordination between Egypt and the UAE.

Abdel Rahman al-Qaradawi, who holds dual Egyptian and Turkish citizenship, was arrested in Lebanon on December 28 after returning from Syria. His arrest followed an Interpol red notice issued based on an in absentia ruling by an Egyptian court sentencing him to five years in prison for spreading false news, inciting violence, and terrorism. Before his arrest, Qaradawi appeared in a video filmed at the Umayyad Mosque in Damascus, where he made remarks considered offensive to both Egypt and the UAE.