نوع مقاله : پژوهشی
نویسنده
عضو هیأت علمی، گروه حقوق، دانشگاه پیام نور، تهران، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
In the wake of the Al-Aqsa attack, Israel, by adopting the policy of forced migration of Gaza residents, subjected this area to the most severe airstrikes and warned them in various ways to leave and evacuate Gaza towards the south. This Israeli policy is the basis for writing this article with the aim of examining Israel's policy of forced migration of Gaza residents From a jurisprudential point of view and international criminal law. The current article is descriptive and analytical, and it is designed to investigate the mentioned subject by using the library method. The findings indicate that forced migration policy is illegal in jurisprudence. In today's international law, based on Article 7 of the Statute of the International Criminal Court, the denial of knowledge and forced migration is an international crime and is included in the category of crimes against humanity, and special international criminal courts have named it as ethnic cleansing and its commission is one of the material elements of the crime. They know genocide. In fact, the forced migration of Palestinians and residents of Gaza if the transfer of the population is carried out by resorting to force or threatening to resort to force; involuntarily and without the consent and knowledge of the affected population; Population transfer should be done deliberately and knowingly; to be carried out during a regular program and predetermined policy; to be done in relation to specified groups and populations; If the transfer is illegal, it is an example of a war crime. All the cases mentioned regarding the policy of forced displacement of Palestinians by Israel, including the recent policy towards the residents of Gaza, are examples.
کلیدواژهها [English]
)