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 taken this Friday by the International Court of Justice to ask Israel to take all possible measures to prevent a genocide in Gaza, despite the fact that the judges of The Hague have avoided calling for a ceasefire.
The order, she assures, has done justice “in the face of the reality experienced by the population of Gaza.”
Despite everything, she insists that the international community must “remain vigilant” so that Israel complies.
Ask.
What do you think of the decision of the International Court of Justice?
Answer.
It was what [the rapporteurs] expected.
There were sufficient reasons to decree provisional measures against Israel.
Furthermore, we knew that [the court] could not get involved.
I believe that justice was done in the face of the reality that the population of Gaza is experiencing.
It takes into account everything that has happened in these more than 100 days of conflict, plus the declarations of all levels of the UN and orders that Israel take all necessary measures to prevent the acts established by the Convention for the Prevention of Genocide. .
Q.
Do you expect Israel to comply with these measures?
A.
Israel does not deny the jurisdiction of the court for the case filed by South Africa, so it is obliged to comply with the provisional measures and this is what we all hope: that it comply with the order of the highest court of justice.
Q.
However, the court avoids calling for a ceasefire.
A.
By demanding that Israel take these measures, so that they become effective, it can be understood that the judges are asking for a ceasefire.
Everything that the court has established in its decision has that perspective.
But it is up to us to remain vigilant so that they are fulfilled.
Q.
So, are you satisfied?
A.
Yes. I celebrate the decision, as it was the next step that had to be taken within the international system: protecting the minimum basic rights of humanity.
That the judges have interpreted the Convention and have said that there is urgency and risk to decree these measures to prevent genocide makes me happy as a rapporteur, as a defender of human rights and as a person.
Q.
What is your reading of the situation in Gaza?
A.
We are seeing one of the worst humanitarian crises in recent times.
We see in real time a failure of humanity.
We had not seen the impact in terms of violations of human rights and human dignity in a single place in recent times.
As we speak, the death toll grows higher and higher.
Q.
You specialize in forced displacement.
Is that what is happening?
A.
Yes, and it is impressive.
Almost 90% of Gaza's population has been displaced to the south in just 100 days.
This is what is known in international humanitarian law as forced population transfer.
When people cross the borders we already talk about deportation, an action that Benjamin Netanyahu's Government claims to not be promoting.
Israel is working to remove the population from Gaza.
He wants to deport her
Q.
Do you agree?
A.
The facts are there and speak for themselves.
Israel is working to remove the population from Gaza.
He wants to deport her.
We already see how he has forcibly pushed the Gazans to Rafah, on the border with Egypt, which already constitutes a clear violation of the fourth Geneva Convention.
Furthermore, evacuation orders have been carried out without guarantees, without time and without clarity about the routes.
Q.
Some ministers of the Israeli Government describe this situation as voluntary emigration.
A.
People have the right to migrate and also have the freedom to stay in a place.
But that is not what is taking shape in Gaza.
People were forced to move and leave their homes within 24 hours.
Their houses were destroyed, so they cannot return.
It is not voluntary, it is arbitrary.
The [Israeli] State has obligations that it is not fulfilling and we see it with the massive destruction of homes and civil infrastructure in the north of the Strip.
Gazans have nowhere to return, so voluntariness is non-existent.
Q.
The United States says it is against mass deportation.
A.
On one of his visits to Israel, [Secretary of State Antony] Blinken said that it was unacceptable that there was an intention to deport and stressed the importance of the Gaza population being able to return to their homes.
Netanyahu says that is not his intention, but we see that there are no living conditions in Gaza.
There is a lack of respect for the obligation to protect civilians.
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 request asylum.
In addition to Israel, Egypt keeps its border closed.
Is it also violating international law?
A.
It is a very sensitive topic and I do not think it is time to enter those waters.
What I can say is that every person has the right to seek security and protection, whether within his or her country or outside of it.
All countries must provide the conditions for that to happen.
The problem is that Gaza is an occupied territory, so Israel has special obligations and is violating them.
What we must focus on now is the entry of humanitarian aid and stopping the fire definitively.
I think it is the only alternative at this time.
Offering Gazans to cross to the other side of the border, without the necessary guarantees, is not the solution.
“Gazatians have the right to dream that they can rebuild their lives with full conditions”
Q.
The destruction of civil infrastructure prevents Gazans from returning to their homes in any near future.
What, then, should be the next step?
A.
The only real and mandatory step is to stop the fire.
That and allowing access to humanitarian aid, which should not have any conditions.
Both things are necessary for us to save lives.
It is the humanitarian minimum that should be met and it is not happening.
Among the options for what comes next, Blinken assured in his most recent visit that Israel was going to allow a United Nations mission to enter northern Gaza to evaluate the state of destruction and propose what reconstruction would look like.
Q.
Do you trust that to happen?
R.
I see it with a lot of distrust.
Historically, Israel has rejected any investigation in Gaza and to that must be added its current relationship with the UN.
But, if this option exists, it must be taken.
Gazans have the right to dream that they can rebuild their lives with full conditions.
Now, the possibility of returning does not exist, but we will continue making noise to see if we all get on the right side of history.
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