Paula Gaviria (Bogotá, 51 years old), UN Special Rapporteur on the human rights of internally displaced persons, describes the situation in the Gaza Strip as “one of the worst humanitarian crises in recent times”. This Colombian lawyer with more than two decades of experience in humanitarian affairs highlights the decision made on Friday by the International Court of Justice to call on Israel to take all possible measures to prevent genocide in Gaza, even though the judge of the Hague has avoided to demand a ceasefire. He assures that the order is fair “given the reality experienced by the people of Gaza.” Despite all this, he insists that the international community must “remain vigilant” for Israel to comply.
Questions. What do you think of the International Court of Justice's decision?
Answer. It was something [los relatores] we expected. There were enough reasons to impose interim measures against Israel. Furthermore, we knew this [el tribunal] You couldn't fade into the background. I believe that justice has been done given the reality that the people of Gaza are experiencing. It takes into account everything that has happened during these more than 100 days of conflict, as well as the declarations of all levels of the United Nations, and orders that Israel take all necessary measures to prevent the acts set out in the Convention for the Prevention of Genocide.
Q Do you expect Israel to comply with these measures?
R. Israel does not dispute the court's jurisdiction over the case filed by South Africa, therefore it is obliged to comply with the interim measures and that is what we all hope: that it obeys the order of the Supreme Court.
Q However, the court avoids calling for a ceasefire.
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R. By demanding that Israel take these measures to make them effective, one can understand that the judges are calling for a ceasefire. Everything the court noted in its decision has this perspective. But it is up to us to remain vigilant so that they are fulfilled.
Q So are you satisfied?
R. Yes, I welcome the decision because it was the next step that needed to be taken in the international system: the protection of humanity's minimum basic rights. The fact that the judges have interpreted the Convention and said that there is an urgency and a risk to adopt these measures to prevent genocide makes me happy as a rapporteur, as a defender of human rights and as a person.
Q How do you assess the situation in Gaza?
R. We are experiencing one of the worst humanitarian crises in recent memory. We are seeing a failure of humanity in real time. We have not seen the impact in terms of violations of human rights and human dignity in a single place recently. As we speak, the death toll continues to rise.
Q They specialize in forced displacement. Is that what's happening?
R. Yes, and it's impressive. Almost 90% of Gaza's population was displaced south in just 100 days. This is known as forced population transfer in international humanitarian law. When people cross borders, we are already talking about deportations, an action that Benjamin Netanyahu's government supposedly does not encourage.
Israel is working to expel the population from Gaza. He wants to deport her
Q Do you agree?
R. The facts are there and speak for themselves. Israel is working to expel the population from Gaza. He wants to deport her. We are already seeing how he has forcibly pushed Gazans into Rafah on the border with Egypt, which is already a clear violation of the Fourth Geneva Convention. In addition, evacuation orders were carried out with no guarantees, no time and no clarity on routes.
Q Some Israeli government ministers refer to this situation as voluntary emigration.
R. People have the right to migrate and they also have the freedom to stay in one place. But that is not what is happening in Gaza. People were forced to move and leave their homes within 24 hours. Their homes have been destroyed, so they cannot return. It's not voluntary, it's arbitrary. The State [israelí] It has obligations that it is failing to meet, and we see this in the massive destruction of homes and civilian infrastructure in northern Gaza. The people of Gaza have nowhere to return, so there is no voluntariness.
Q The US says it is against mass deportations.
R. During one of his visits to Israel [el secretario de Estado, Antony] Blinken said it was unacceptable that there was an intention to deport and stressed the importance of allowing Gazans to return to their homes. Netanyahu says that is not his intention, but we see that there are no living conditions in Gaza. The obligation to protect the civilian population is not being respected. And I repeat the phrase that has been repeated throughout the humanitarian system: “There is no safe place in Gaza.”
Q Just as it is a right to remain, it is also a right to seek refuge and apply for asylum. In addition to Israel, Egypt also keeps its border closed. Does it also violate international law?
R. It is a very sensitive issue and I do not think it is time to delve into it. What I can say is that every person has the right to seek safety and protection, whether within their country or outside. All countries must create the conditions for this. The problem is that Gaza is an occupied territory, so Israel has special obligations and is violating them. What we need to focus on now is providing humanitarian assistance and ultimately containing the fire. I think it is currently the only alternative. Offering Gaza residents passage to the other side of the border without the necessary guarantees is not a solution.
“Gaza residents have the right to dream that they can rebuild their lives in full conditions.”
Q The destruction of civilian infrastructure prevents Gazans from returning to their homes in the near future. Then what should be the next step?
R. The only real and mandatory step is to stop the fire. That and access to humanitarian aid should be unconditional. Both things are necessary for us to save lives. It is the humanitarian minimum that should be achieved and that is not happening. During his last visit, Blinken assured, among other things, that Israel would allow a UN mission to enter the northern Gaza Strip to assess the state of destruction and make suggestions for reconstruction.
Q Do you think this is happening?
R. I view it with great suspicion. In the past, Israel has rejected any investigation in Gaza, and this is compounded by its current relationship with the United Nations. But if this option exists, it must be used. The people of Gaza have the right to dream that they can rebuild their lives in full conditions. Now there is no possibility of a return, but we will continue to make noise to see if we are all on the right side of history.
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