The relocation of Palestinians from Gaza is regularly raised by Israel in the wake of the outlandish Trump’s Riviera Plan. The US President proposed in February 2025 a dystopian project to resettle Palestinians in neighboring countries and transform the enclave into a luxurious coastal resort. A month later, Israel's Security Cabinet established a new agency within the Defense Ministry to “enable safe and controlled passage of Gaza residents for their voluntary departure to third countries.” This prompted the condemnation of many countries and a warning from the UN secretary general, António Guterres, that “it is essential to avoid any form of ethnic cleansing.” While being politically appealing, the reference to ethnic cleansing may raise more questions than answers from a legal angle, given the controversies surrounding this term. A more straightforward normative frame lies in the prohibition of forcible transfer under international humanitarian law (IHL), as grounded in customary law and reaffirmed in the universally ratified Fourth Geneva Convention of 1949.
Crimes Against Humanity
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Brussels Court Rules: Some Colonial Crimes May Amount to Crimes Against Humanity
On December 2, 2024, Brussels’ Court of Appeal found the Belgian State guilty of crimes against humanity for the abduction of mixed-race children during the colonial rule in the Democratic Republic of the Congo. The Court ruled in favour of five women born to a black mother and a white father who were forcibly removed from their families…
Apartheid on Trial: The COSAS 4 Prosecution and the Direct Application of Customary International Law in South Africa
On 14 April 2025, the High Court in South Africa handed down judgment in a challenge by two accused to charges brought against them by South Africa’s National Prosecuting Authority (NPA). The charges concern an attack on 15 February 1982 by the South African Police on the COSAS 4—Eustice Madikela, Peter Matabane, Fanyana Nhlapo and…
The Child Is Not Dead: Ingrid Jonker’s Poem and the Atrocity Crime Without a Name
The child is not dead not at Langa nor at Nyanga not at Orlando nor at Sharpeville nor at the police station at Philippi where he lies with a bullet through his brain … the child is present at all assemblies and law-givings… The reprise of South African place names at…
ICC Office of the Prosecutor Releases Draft Policy on Cyber-Enabled Crimes
This article is cross-posted at Lawfare. On March 6, the Office of the Prosecutor of the International Criminal Court (ICC) published a draft Policy on cyber-enabled crimes, which is now open for public consultation. States and non-state actors are increasingly using advanced cyber tools, including artificial intelligence (AI), to commit or facilitate crimes against international law. This…
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