Gideon's Chariots: Ethnic Cleansing and Forced Displacement in Gaza from the Perspective of International Humanitarian Law; With an Overview of Palestinian Domestic Laws

Document Type : Original Article

Author

LLD in Public Law from the Faculty of Law, Shahid Beheshti University, Iran, Tehran

10.22091/dclic.2026.14442.1129

Abstract

Operation "Gideon's Chariots," launched by Israel in May 2025 under the pretext of destroying Hamas and releasing hostages, has led to the homelessness of nearly 90 percent of Gaza's population and created a catastrophic humanitarian crisis. Using a descriptive-analytical method and focusing on available documentary data, this essay addresses the following question: how do the actions taken in this operation constitute a clear case of forcible displacement (as a war crime and a crime against humanity); how does the pattern of these acts and systematic destruction indicate a policy of targeted ethnic cleansing; and ultimately, how do the methods employed for this cleansing, particularly the deliberate imposition of unbearable living conditions (famine and disease), provide sufficient evidence to establish the special genocidal intent under Article II (c) of the 1948 Convention. The findings, relying upon the Geneva Conventions, the Rome Statute, and field reports (2025), indicate that Israel's actions exceeded military necessity and created a "coercive environment" to depopulate the area. Furthermore, from the perspective of territorial jurisdiction, the crimes committed occurred within the sovereign territory of Palestine and constitute a clear violation of its domestic laws; including Article 10 of the Palestinian Constitution (2003), which guarantees fundamental rights and freedoms and also Article 88 of the Penal Code No. 74 of 1936 (in force in Gaza), which which considers intentional destruction of housing and harm to civilians as a crime and punishable. Therefore, these actions lack legal validity and are subject to criminal prosecution, both from the perspective of international law and within the framework of domestic criminal law governing Gaza. The transition from the analysis of “forced displacement” to “ethnic cleansing” and then to “genocide” is a logical legal progression in which the methods of implementation (such as the imposition of starvation) reveal the criminal intent of the perpetrators. This situation makes the vital role of the International Criminal Court in countering domestic interpretations and ensuring accountability more necessary than ever.

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