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ARAB AND WORLD

Sun 09 Feb 2025 6:30 pm - Jerusalem Time

"Trump's Gaza plan means committing all the basic international crimes"

It is difficult to track the number of international crimes involved in US President Donald Trump’s proposal, made last Tuesday at a joint press conference with Israeli Prime Minister Benjamin Netanyahu at the White House, to take over Gaza in response to its destruction by the Israeli occupation army during nearly 16 months of brutal war on the besieged enclave, the Justice in Conflict website reported.


There is a strong case to be made that President Trump’s “plan” to “own” Gaza, turn it into a “Middle Eastern Riviera,” and transfer Palestinians to neighboring Arab states requires the commission of every major international crime under international law: war crimes, crimes against humanity, genocide, and the crime of aggression. It also erases the atrocities that led to Gaza’s destruction.


Therefore, according to the site, Trump’s thinking must be resisted lest it lead to the normalization of horrific crimes. Right-wing politicians in Israel have now endorsed Trump’s “plan,” with Israeli Prime Minister Benjamin Netanyahu describing it as “the first good idea I’ve heard.”


Below is a picture of the international crimes that will be committed if they are implemented, according to the organization specialized in war crimes:


First, Palestinian citizens of Gaza have every legal right to remain in Gaza. The transfer of Gaza’s population constitutes a crime against humanity under the Rome Statute of the International Criminal Court, which prohibits the forcible transfer or deportation of populations. It is important to note that force does not always have to be through guns or bombs. It can come in many forms, such as the threat of violence or coercion. It is also worth noting that crimes against humanity must be widespread or systematic; in the case of the Trump plan, the forcible transfer of Gaza’s population to countries in the region would be both.


Second, by removing Palestinians from their land, the depopulation of Gaza also constitutes ethnic cleansing. Ethnic cleansing is not in itself an international crime. But it is a precursor to genocide. In order to ethnically cleanse a territory of its inhabitants, that population must surely be destroyed in whole or in part. It is important to emphasize that the theft and colonization of land are among the most common motivations for genocide. They motivated the Nazis, who sought to expel Jews and others from European lands to make way for German “living space,” and they motivated Canada’s genocide of indigenous peoples.


Third, by suggesting that the United States take over Gaza, Trump is also laying out a plan to illegally invade a sovereign state. While some countries, like my native Canada, may not recognize Palestine (despite repeatedly saying they will), 140 countries do. Palestinian statehood is a legal reality under international law. Invading another country without legal basis is a crime. By taking over Gaza, Trump would join his friend Vladimir Putin as leaders who have committed the crime of aggression in recent years.


Fourth and finally, the “plan” includes the commission of war crimes. While there is a ceasefire in effect, Israel and Palestine remain in a state of war. Under international law, and according to the International Court of Justice, Gaza remains occupied by Israel under international humanitarian law. Under the Rome Statute, the transfer of any part of its population into Gaza or the deportation of Gaza’s civilian population outside its territory is a war crime for Israel, as the occupying power.


This is by no means an exhaustive list. It offers only some of the international crimes that could be committed if the Trump plan is implemented. Ironically, for a government so terrified of coming under ICC scrutiny that it is seeking sanctions against the court, the White House “plan” amounts to a plea to the ICC to investigate US conduct in Gaza.


The White House proposal also erases the atrocities that led to Gaza’s destruction. Perhaps the most cruel aspect of Trump’s “plan” is that it presents as a remedy for the “destruction” of Gaza the annihilation of its character and its citizens. Instead of addressing the international crimes that led to Gaza’s destruction, Trump proposes to commit another series of atrocities, atrocities that would permanently destroy Gaza as a sovereign Palestinian territory. In doing so, Trump seeks to erase any calls for accountability for the perpetrators—whether Hamas or Israel—for the atrocities that brought us to this point. It is no wonder that when Trump announced his proposal, Israeli Prime Minister Benjamin Netanyahu—who has been indicted by the International Criminal Court for war crimes and crimes against humanity in Gaza—could do nothing but smile. Trump’s plan provides him with impunity.


None of this, the site points out, can help the cause of peace. It can only inspire violence. Atrocities beget atrocities. Militants and terrorists use crimes against civilians as recruitment material. Instead of offering hope for a dignified life, “Trump and Netanyahu have given Gaza’s armed movements another tool to convince young people that their only option is more violence. The result is that even if the “plan” is not implemented, it will have consequences, some of which will make lasting peace more difficult.”


The site says that the consequences of Trump’s proposal should extend beyond the Middle East; citizens of Western countries should also be horrified. European and Canadian soldiers have fought alongside Americans in numerous wars, including in Afghanistan. That is why Western countries live under the threat of tariffs. On the other hand, Netanyahu is wanted by the International Criminal Court on charges of, among other things, deliberately starving civilians in Gaza. Despite this, he received a red carpet welcome in Washington.

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"Trump's Gaza plan means committing all the basic international crimes"

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