Zamir ignored warnings from top IDF lawyer that Gaza City evacuation may be illegal

IDF Chief of Staff Lt. Gen. Eyal Zamir ignored warnings by Military Advocate General Maj. Gen. Yifat Tomer-Yerushalmi last week that issuing evacuation notices to residents of Gaza City could not be deemed legal until the necessary humanitarian conditions were in place for the population to be relocated, the Haaretz daily reports.

According to the report, military leaders presented an “unrealistic picture” to Tomer-Yerushalmi of conditions in southern Gaza where Gaza City’s residents will need to move to, and included plans to move people to already overcrowded regions of the war-torn territory.

According to the report, the IDF also overestimated the ability of hospitals and the healthcare system in southern Gaza to deal with additional casualties, leading to concerns that moving such a large number of people to an area without adequate medical services could create a humanitarian disaster.

The military advocate general reportedly contacted Zamir on Thursday last week to tell him it was not possible to declare that proper preparations were in place for the evacuation of Gaza City, and that the IDF Intelligence Directorate was concerned that the evacuation would violate the laws of war due to the dire humanitarian conditions in the south.

She therefore said dropping the evacuation warning notices should be postponed, but Zamir decided to go ahead regardless.

An estimated one million Palestinians were residing in Gaza City until recently, although reports indicate some 200,000 have now left the city ahead of the IDF’s impending operation there, and following warnings the army has issued via pamphlet drops of the upcoming attack.

Israel has a legal obligation under the laws of armed conflict to facilitate the provision of aid to at least parts of the civilian population, and not to create a situation of dire humanitarian conditions.

The IDF said in response to the story that the evacuation orders were approved by officials from the COGAT agency of the Defense Ministry, which coordinates Israel’s humanitarian response in Gaza, “after verifying that the required conditions were met and that the humanitarian situation in southern Gaza allowed for the operation.”