UN Deems Eviction of Palestinians from Masafer Yatta as ‘War Crime’

Palestinian demonstrators gesture next to Israeli forces during a protest against Israeli settlements in Masafer Yatta, in the Israeli-occupied West Bank, October 2, 2021. REUTERS/Mussa Qawasma
Palestinian demonstrators gesture next to Israeli forces during a protest against Israeli settlements in Masafer Yatta, in the Israeli-occupied West Bank, October 2, 2021. REUTERS/Mussa Qawasma
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UN Deems Eviction of Palestinians from Masafer Yatta as ‘War Crime’

Palestinian demonstrators gesture next to Israeli forces during a protest against Israeli settlements in Masafer Yatta, in the Israeli-occupied West Bank, October 2, 2021. REUTERS/Mussa Qawasma
Palestinian demonstrators gesture next to Israeli forces during a protest against Israeli settlements in Masafer Yatta, in the Israeli-occupied West Bank, October 2, 2021. REUTERS/Mussa Qawasma

The United Nations has warned that the forced evictions of Palestinians by Israeli occupation forces in Masafer Yatta in the South Hebron Hills is a grave breach of the Fourth Geneva Convention and amounts to a “war crime.”

The UN Office for the Coordination of the Humanitarian Affairs (OCHA) states in its weekly report on Friday that the forcible transfer of civilians from, or within, the occupied Palestinian territory is absolutely prohibited under international humanitarian Law.

“Israeli authorities should halt all coercive measures, including planned evictions, demolitions, and military training in residential areas,” OCHA said in its report.

Masafer Yatta spans some 36 kilometers and is comprised of 19 Palestinian villages that are home to more than 1,200 Palestinians.

In the 1980s, Israeli authorities designated a part of Masafer Yatta as a closed military zone. Since this declaration, residents have been at risk of forced eviction, demolition, and forcible transfer.

In 1999, the Israeli government issued eviction orders against approximately 700 Palestinian residents of the city for “illegally living in a firing zone,” as a result of which the Israeli military evicted by force most of them and destroyed or confiscated their homes and property.

A few months later, the Israeli High Court of Justice (HCJ), in response to a petition filed on behalf of the residents, issued an interim injunction allowing most of the people to return, pending a final court decision.

However, the existence of eviction orders left residents living under the constant threat of destruction of their properties and the risk of forcible transfer.

In a 2012 petition to the HCJ, the Israeli military offered citizens access to the land for cultivation and grazing only on weekends and Jewish holidays.

Legal action, humanitarian aid and advocacy challenged this decision and provided temporary protection from forced eviction to the Palestinian residents of Masafer Yatta.

On May 4, 2022, the HCJ ruled that there were no legal barriers to the planned expulsion of Palestinian residents from Masafer Yatta to make way for military training, effectively placing them at imminent risk of forced evictions, arbitrary displacement, and forcible transfer.

The OCHA stressed in its report that “constant eviction of Palestinians from their ancestral homes and Israel’s decades-long settlements expansion activities have changed realities on the ground, and are inconsistent with international humanitarian law and UN Security Council resolutions, which are legally binding.”

The statement stated that “215 Palestinian families, comprising 1,150 individuals, including 569 children, are currently living in the Masafer Yatta area and are facing threats of home demolition, as well as violence from settlers who live in outposts close to them”.



A Picture of Her Grief Gripped the World. A Year On, Gaza Woman Haunted by Memories

A combination picture shows Palestinian woman Inas Abu Maamar, 36, embraces the body of her 5-year-old niece Saly, who was killed in an Israeli strike, at Nasser hospital in Khan Younis in the southern Gaza Strip, October 17, 2023 (L) and Inas visits a damaged cemetery where Saly was buried, in Khan Younis in the southern Gaza Strip, September 11, 2024. REUTERS/Mohammed Salem
A combination picture shows Palestinian woman Inas Abu Maamar, 36, embraces the body of her 5-year-old niece Saly, who was killed in an Israeli strike, at Nasser hospital in Khan Younis in the southern Gaza Strip, October 17, 2023 (L) and Inas visits a damaged cemetery where Saly was buried, in Khan Younis in the southern Gaza Strip, September 11, 2024. REUTERS/Mohammed Salem
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A Picture of Her Grief Gripped the World. A Year On, Gaza Woman Haunted by Memories

A combination picture shows Palestinian woman Inas Abu Maamar, 36, embraces the body of her 5-year-old niece Saly, who was killed in an Israeli strike, at Nasser hospital in Khan Younis in the southern Gaza Strip, October 17, 2023 (L) and Inas visits a damaged cemetery where Saly was buried, in Khan Younis in the southern Gaza Strip, September 11, 2024. REUTERS/Mohammed Salem
A combination picture shows Palestinian woman Inas Abu Maamar, 36, embraces the body of her 5-year-old niece Saly, who was killed in an Israeli strike, at Nasser hospital in Khan Younis in the southern Gaza Strip, October 17, 2023 (L) and Inas visits a damaged cemetery where Saly was buried, in Khan Younis in the southern Gaza Strip, September 11, 2024. REUTERS/Mohammed Salem

The Reuters photograph of Inas Abu Maamar, face buried in the shrouded body of her dead five-year-old niece Saly, was taken days after Israel began its military offensive on Gaza.
It has become one of the most vivid images of Palestinian suffering during the year-long bombing of Gaza, Israel's response to Hamas' Oct. 7 attack.
Saly was killed with her mother, baby sister, grandparents, uncle, aunt and three cousins. Since then, Abu Maamar, 37, has also lost her sister, killed along with her four children in an airstrike in northern Gaza.
Abu Maamar has moved three times to avoid bombing, at one point spending four months living in a tent. Today, she is back in her home in Khan Younis, in southern Gaza. Cracks run through the corrugated roof; a shower curtain covers a window-sized hole in the wall.
"We lost all hope in everything," said Abu Maamar, sitting amid rubble in the small graveyard by the family house. Beneath the debris, she said, lay Saly's grave.
"Even the grave was not safe."
Hamas' attack on Oct. 7 killed around 1,200 people in Israel, mostly civilians, and about 250 people were taken hostage, according to Israeli tallies.
Israel's campaign in Gaza, with the declared goal of wiping out Hamas, has since killed at least 41,500 people, mostly civilians, according to Palestinian health authorities.
Israel's military has said its bombardment of Gaza is necessary to crush Hamas, which it accuses of hiding among the general Palestinian population. Hamas denies this. Israel says it tries to reduce harm to civilians.
AIRSTRIKE
Before Oct. 7, Gaza had faced an extensive Israeli blockade following Hamas' takeover of the Palestinian territory in 2007. There was little work and imports were severely restricted but her family was settled, Abu Maamar said.
Abu Maamar lived with her husband near her brother Ramez' family, allowing her to spend much of her time with her nieces Saly and Seba and her nephew Ahmed.
As bombing intensified near the house after Oct. 7, Ramez sheltered with his family at his in-laws' about 1 km (0.6 miles) away. It was hit in an airstrike the next day.
When Abu Maamar heard she went straight to the Nasser hospital in Khan Younis. There she saw Ahmed, then 4, and grabbed him by the hand. She found Saly, dead, in the mortuary.
"I tried to wake her up. I couldn't believe she was dead," she said.
It was there that Reuters photographer Mohammed Salem took the picture of Abu Maamar cradling her dead niece, her body wrapped in a white sheet. The image was named World Press Photo of the year and won a Pulitzer Prize along with other Reuters images of the Oct. 7 attack and war in Gaza.
DISPLACEMENT
Israel said it had attacked 5,000 Hamas targets in Gaza from Oct. 7 until Oct. 17, the day of the airstrike that killed Saly. Palestinian health authorities said about 3,000 people had been killed by that point, including 940 children.
Israel's military did not respond to a request for comment on the strike that killed Saly.
In a comment six days after her death about the killing of another family in a different airstrike in Khan Younis, a spokesperson for Israel's military said: "Hamas has entrenched itself among the civilian population throughout the Gaza Strip. So wherever a Hamas target arises, the Israeli army will strike at it in order to thwart the terrorist capabilities of the group, while taking feasible precautions to mitigate the harm to uninvolved civilians."
By December, with Palestinian authorities saying the death toll in Gaza had topped 15,000 and Israel preparing to expand its ground assault to southern Gaza, Abu Maamar and other family members moved to Mawasi, a beach area where displaced people sought refuge in tents. They moved twice more as Israeli forces battled Hamas across the south, ordering civilians first from Khan Younis and then the city of Rafah.
Now back home, Abu Maamar says there is no point moving any more. She picked up Saly's favorite outfit, a black dress with traditional red Palestinian embroidery, and pressed it to her face.
"We are just waiting for the cascade of blood to stop."