English
The Right of Return for Internally Displaced Persons in the Gaza Strip
Introduction
On January 15, 2025, a ceasefire agreement was reached between Palestinian factions and the Israeli occupation. One of its key provisions was the allowance for the internally displaced persons (IDPs) to return from southern Gaza to the north after being forcibly displaced under Israeli threats of military assaults on their residential areas. Since launching its military campaign on October 7, 2023, the Israeli army also employed a policy of starvation to further pressure residents of northern Gaza to evacuate southward. The forced displacement was implemented through evacuation orders issued by the Israeli army targeting residents in northern Gaza. These orders were delivered through official spokespeople, airdropped leaflets, or direct phone calls to residents, followed by intensified attacks aimed at forcibly expelling them toward the south.
Following the enforcement of the ceasefire, the return of IDPs to northern Gaza began on January 27, 2025, via Al-Rashid Coastal Road (on foot) and Salah al-Din Road (via vehicles). However, the return was not permitted for all displaced persons, as large areas remained under Israeli control, per the agreement’s terms. These included zones adjacent to the Israeli border, particularly east of Salah al-Din Road, as well as areas classified as contact zones such as Al-Mughraqa and Juhr al-Dik within the Netzarim corridor. Most of Rafah city also remained under Israeli control within the Philadelphi Corridor.
The ceasefire lasted for six weeks and ended in March 2025. At dawn on Tuesday, March 18, 2025, the Israeli army launched a large-scale attack across the Gaza Strip, marking the resumption of military operations. This breach of the ceasefire led to new evacuation orders issued for multiple areas, starting with Rafah and extending to northern Gaza and large swaths of Khan Younis. These orders triggered renewed waves of displacement, including repeat displacements for civilians who had already been uprooted multiple times, forcing many into temporary shelters and displacement centers.
Israel continues to violate the Palestinians’ right of return, disregarding all relevant international laws and conventions that guarantee this right since 1948, through the 1967 Naksa, and into the 2023 war. The renewed internal displacement crisis in Gaza further reinforces the inalienable Palestinian right of return. This report will examine the right of return for Gaza's IDPs, comparing historical displacement with the current crisis and identifying the barriers that have prevented return despite the ceasefire agreement.
1. Internal Displacement after October 7, 2023: A Continuation of the Nakba and a Reinforcement of the Right of Return
The suffering of the Palestinian people did not end with the Nakba of 1948. Since the beginning of the genocide on October 7, 2023, Palestinians in Gaza have experienced mass displacement from their homes into the unknown. The Israeli occupation used displacement as a primary weapon, issuing evacuation orders that forced civilians to flee to areas described as “safe”—which in reality were makeshift shelters, often lacking basic infrastructure and provided by UNRWA or improvised by families themselves. These sites were later bombed and destroyed by the Israeli army.
The occupation has consistently used forced displacement since 1948, making it a central policy. The 2023 war represents yet another chapter in this continuous series of forced evacuations. Civilians were repeatedly expelled from their homes by coercive means. The displacement that began during this war is not a new phenomenon but rather an extension of the historic Nakba, now manifested in a contemporary form. As Dr. Ahmad Hamad, an international law expert, affirms:
“Yes, displacement is inseparable from the Nakba. The Nakba continues so long as the occupation persists. The genocide launched by Israel since October 2023 is a continuation of the Nakba. It will end only with the removal of the occupation from all Palestinian territories in accordance with international legitimacy.”
Despite these conditions, Palestinians have held firmly to their right—enshrined in international law—to return and live in a location of their choosing. This right remains a fundamental and timeless principle. Jamila Abu Saydo, a 60-year-old displaced woman from Al-Mughraqa in the Netzarim corridor, stated:
“I was displaced from my home in Al-Mughraqa on October 10, 2023. We moved from place to place until we ended up in the Nuseirat camp. I stayed there because it's the closest point to my home—if the fire ceases and the army withdraws, I’ll go back immediately. My only wish is to return to my land and rebuild my destroyed house.”
Even those whose homes have been completely demolished or razed remain committed to returning, regardless of how long their displacement lasts. This determination was vividly demonstrated on Monday, January 27, 2025, when about 500,000 displaced persons returned from southern to northern Gaza following the ceasefire agreement that began on January 19, 2025. The mass movement highlighted the unbreakable Palestinian attachment to the right of return.
2. The Right of Return: Legally Protected, but Lacking Enforcement
The right of return is enshrined in international humanitarian law and various United Nations resolutions. One of the most significant of these is UN General Assembly Resolution 194, which states:
“Refugees wishing to return to their homes and live at peace with their neighbors should be permitted to do so at the earliest practicable date... Compensation should be paid for the property of those choosing not to return and for loss or damage to property.”
The United Nations classifies the right of return as a non-derogable human right—inherent to human dignity and beyond the reach of negotiation, denial, or revocation. It cannot be equated with any contractual right, such as financial compensation. Dr. Ahmad Hamad emphasizes:
“The right of return is sacred, immutable, and not subject to expiration. All Palestinians displaced since 1948 must be compensated.”
Additionally, Article 13(2) of the Universal Declaration of Human Rights (1948) affirms:
“Everyone has the right to leave any country, including his own, and to return to his country.”
The UN Sub-Commission on the Promotion and Protection of Human Rights also upholds this right in Principle 10/1 of its guidelines on housing and property restitution:
“All refugees and displaced persons have the right to voluntarily return to their former homes, lands, or places of habitual residence in safety and dignity.”
Despite this international recognition, there remains a serious lack of enforcement. Israel not only denies displaced Palestinians the right to return, but also continues to issue new evacuation orders—including in areas where return had been temporarily permitted after January 27, 2025. Since the resumption of hostilities on March 18, the Israeli military has issued 31 new evacuation orders.
According to the United Nations, over 632,700 people were displaced again after the ceasefire collapsed, including more than 195,000 between May 15 and May 27.
Dr. Hamad notes:
“The January 2025 return was temporary and cannot be considered a true return. A real return must be permanent and safe. This was neither.”
The Guiding Principles on Internal Displacement, recognized under customary international law, also affirm the protection of internally displaced persons as civilians. These principles underscore their right to return voluntarily in conditions of safety and dignity.
3. Violations During the Temporary Return Period
One of the most alarming violations committed by the Israeli occupation is the targeting of civilians who had returned after the ceasefire began. Despite the declared truce, the Israeli army resumed attacks in Rafah, carried out ground incursions, and shelled returnees along Al-Rashid Road. This constitutes a flagrant breach of ceasefire terms and a direct assault on the conditions for a safe return.
Israeli forces also opened fire on returnees in eastern and northern Gaza. Ismail Thawabta, Director General of the Government Media Office, stated:
“Israeli incursions into Gaza’s border areas continued, particularly in the east. Emergency teams in Rafah confirmed repeated incursions by Israeli military vehicles. Additional violations included direct attacks on civilians, destruction of residential buildings, hospitals, schools, and other essential infrastructure. Israeli forces also prevented displaced Palestinians from returning to their homes in northern Gaza, denying them their fundamental right to safe return.”
A report by OCHA (UN Office for the Coordination of Humanitarian Affairs) also documented these violations:
“Israeli forces opened fire on Palestinians even in or near the ceasefire-designated buffer zones. On January 27, a girl was killed and others injured when a vehicle was struck on Al-Rashid Road near Nuseirat. That same day, a man was killed and others injured in Al-Nweiri. On January 22, a Palestinian was killed and two others injured due to unexploded ordnance in the Al-Tuwam area, west of Jabalia.”
Such violations continued through March 18, targeting civilians who had returned to northern and eastern areas of the Gaza Strip.
• Reasons Behind Internally Displaced Persons’ (IDPs) Determination to Return in the Gaza Strip
IDPs in Gaza remain resolutely committed to their right of return. This is evident across all demographics—children, the elderly, women, and men—regardless of the current dire circumstances or the near-impossibility of returning to their homes at present. This determination stems from several practical and legal factors, including:
1. Deep-rooted Connection to Their Homes
Displaced individuals regard their current shelter as a temporary refuge, hoping their displacement will be short-lived. Their profound emotional and historical bond to their land and homes fuels this hope. This is especially true for those displaced since the beginning of the genocide, such as residents of the Netzarim and Philadelphi corridors, the border areas, and Rafah Governorate. Their forced departure constitutes a clear violation of their right to choose their place of residence within their own country, as affirmed by international treaties—particularly Article 13 of the Universal Declaration of Human Rights and Article 12 of the International Covenant on Civil and Political Rights.
In an interview, Mohammad Al-Zahhar, a 72-year-old resident of the Maghazi area, stated:
"I’ve lived in Maghazi since birth. I grew up here, farmed this land, and taught my children to love it. I can’t imagine living anywhere else. I’ll return as soon as possible. My house was demolished and my land bulldozed and turned into a military base by the occupation, but I farmed that land for 50 years. My land and I are inseparable—I will return as soon as the occupation leaves."
2. Defending Their Rights and Seeking Compensation
A key reason IDPs cling to their right of return is their desire to protect their property rights and ensure they receive rightful compensation. Compensation is intricately linked to return—it does not replace it. This principle is enshrined in UN General Assembly Resolution 194, which establishes the right to return along with the right to compensation.
As Dr. Ahmad Hamad affirms: “The right to compensation is parallel to the right of return. Both must be upheld simultaneously, including the right to legal recourse for damages to life and property in international courts.”
3. Rejection of the Forced Displacement Plan
Gaza’s IDPs vehemently reject the Israeli government's narrative of "voluntary resettlement"—a plan rooted in 1948 and periodically revived by Israeli leaders. The only barrier to its full execution has been global opposition.
UN High Commissioner for Human Rights Volker Türk expressed deep concern over senior Israeli officials' statements regarding the transfer of Gaza civilians to other countries. He noted that over 85% of Gaza’s population has already been internally displaced, and emphasized their right to return to their homes, reiterating that international law prohibits the forced transfer of protected persons, whether within occupied territories or beyond.
This rejection by IDPs reinforces their return as an act of resistance to permanent displacement, drawing parallels to the Nakba of 1948. The UN Guiding Principles on Internal Displacement, specifically Principle 28, stipulate that displacement must be temporary and affirm the right of IDPs to a voluntary, safe, and dignified return.
4. Harsh Living Conditions in Shelters
The severe conditions in Gaza’s shelters have further strengthened IDPs’ resolve to return. Schools have been converted into overcrowded shelters that are uninhabitable. UNRWA reports that their shelters are accommodating more than four times their designed capacity, with an average of over 12,000 IDPs per shelter in central and southern Gaza.
The camps lack privacy, suffer from severe shortages of water and food, and are breeding grounds for disease amidst near-total health system collapse. UNRWA’s Situation Report No. 172 confirmed that malnutrition is on the rise.
According to Dr. Akihiro Seita, UNRWA’s Director of Health:
"If the current food shortages continue, malnutrition will increase dramatically, surpassing our ability to respond."
In May alone, 2,917 children were diagnosed with acute malnutrition. From January to May, over 10,000 children have been treated for it.
Dr. Ola Awad, Head of the Palestinian Central Bureau of Statistics, added:
"Since March 2, the Israeli siege has left more than two million Palestinians facing starvation—over a million of them children. At least 57 children have died from hunger. Around 65,000 people are suffering from acute malnutrition, including 335,000 children under five, all at risk of death. Nearly 92% of infants aged 6 months to 2 years—and their mothers—are not receiving the bare minimum of essential nutrition."
These catastrophic conditions have pushed many to long for their former homes, even if destroyed—seeking a sliver of stability.
Obstacles Preventing the Return of Internally Displaced Persons in Gaza Since the Start of the October 2023 Offensive
First: Israeli Military Control Over the Areas
Since the beginning of the October 2023 war, the Israeli occupation has sought to tighten its grip over vast geographical areas of the Gaza Strip, particularly those adjacent to the buffer zone separating Gaza from the occupied territories. Along this entire barrier—from Beit Hanoun in the north to Rafah in the south—Israeli forces seized large swaths of residential lands and civilian infrastructure, heavily deploying military forces, restricting movement, and establishing military outposts, watchtowers, and barracks. This made returning to these areas—or even approaching them—nearly impossible for the displaced residents wishing to go back to their homes and villages. This constitutes a blatant and grave violation of the right of return and the right to settle freely within one’s own country.
Additionally, there has been a persistent fear among Gaza’s population regarding the possibility of enforced resettlement orchestrated by Israel, which aims to alter the demographic reality and sever familial and geographic ties among Palestinian communities.
The intensive military presence in once-inhabited areas—such as Beit Hanoun, Beit Lahia, Shuja’iyya, Al-Mughraqa, Juhr al-Dik, eight towns east of Khan Younis, and all of Rafah—has rendered life in these places impossible, wiping out their infrastructure and turning them into ghost towns. This raises the concern that Israel seeks to enforce permanent demographic changes, especially in areas like Rafah and large portions of Khan Younis.
According to a report published by the UN Office for the Coordination of Humanitarian Affairs (OCHA) on May 21, 2025, Israel currently controls approximately 81% of Gaza’s territory, designating these areas as military zones or subject to evacuation orders.
Further, UNRWA’s report No. 168 (dated May 23, 2025) states that:
“With at least 20 evacuation orders issued by the Israeli army since March 18, approximately 142.7 square kilometers of Gaza are now under active evacuation orders—out of a total of approximately 365 square kilometers of the Strip. According to OCHA, more than two-thirds of Gaza is classified as 'prohibited areas' or under active evacuation orders, or both. UN estimates suggest that nearly 161,000 people have been displaced again since the breakdown of the temporary ceasefire.”
Second: Complete or Partial Destruction of Civilians’ Homes
The relentless and brutal military assault on Gaza for more than twenty consecutive months—with the use of internationally banned and highly destructive weapons—has resulted in catastrophic destruction across the Strip. The devastation has not only affected homes but has decimated all facets of civilian life, including infrastructure such as water, electricity, sanitation, schools, hospitals, and even sources of livelihood. Agricultural lands, factories, water wells, and citizens’ residences have all been obliterated.
According to reports from the Palestinian Central Bureau of Statistics, approximately 70% of all homes in Gaza have been either completely or partially destroyed, including 330,500 housing units, of which 68,918 have been completely leveled as of May 30, 2025.
This has rendered return impossible for many, even as a temporary option. In fact, reports indicate that about 45,678 people who had returned north were forced to head back south due to the absence of basic services and the overwhelming destruction of residential areas.
Furthermore, reconstruction efforts face enormous challenges, primarily due to the ongoing war and Israel’s continued devastation of Gaza’s remaining infrastructure. Even if the war ends, the reconstruction process is expected to be severely obstructed by Israeli political policies. Historical precedent shows that homes destroyed in previous aggressions (in 2008, 2012, and 2014) have yet to be rebuilt due to Israeli restrictions.
Unlike in the past, when reconstruction was hindered by material shortages, today there is a complete absence of all reconstruction essentials. Moreover, rebuilding efforts require security guarantees and political stability—conditions that are far from being met under current circumstances.
Most families who lost their homes are now forced to live under extreme hardship—in overcrowded shelters, with relatives, or even in the streets. The loss of personal belongings due to bombing, looting, or forced flight has further exacerbated their suffering.
In these conditions, the return to devastated areas will require major international efforts to ensure reconstruction and safety for the displaced—a reality that remains distant as long as the aggression persists and no resolution is in sight.
Third: Absence of Security Guarantees and Ongoing Attacks
Displaced persons who wish to return face constant danger from ongoing bombings and military assaults, which have continued relentlessly since October 7. Even in areas where bombing has temporarily subsided, the lack of a permanent ceasefire leaves people afraid of sudden renewed attacks.
Any return attempt could be life-threatening, as seen after the brief return period in January when Israeli forces fired on returnees in Rafah, eastern, and northern Gaza.
Following Israel’s announcement of resumed military operations on March 18, 2025, displaced persons were once again prohibited from returning to their homes. The assaults intensified across all areas of Gaza, along with a surge in evacuation orders.
By the end of May 2025, the number of internally displaced persons exceeded 632,000, due to continuous air raids and repeated evacuation orders, with over 31 new evacuation orders issued during that period.
In addition, the absence of security guarantees makes it nearly impossible for families to decide on returning. No international body has yet offered protections or guarantees for safe return. The ongoing war fuels deep uncertainty about the future of damaged areas and whether their residents will ever be able to return.
Meanwhile, Israeli plans to annex more land in northern Gaza and Khan Younis signal further expansion of control and displacement. Return to any area still under military operations will require large-scale guarantees for civilians’ safety—something that has not been secured so far.
Thus, internal displacement continues, with no clear resolution in sight.
- The Palestinian National Authority must move urgently to reunify governance between the West Bank and Gaza, enabling it to play a pivotal role in facilitating a ceasefire in Gaza under international guarantees—thus paving the way for a safe, voluntary, and permanent return of displaced civilians to their homes.
- The international community must increase pressure on the Israeli occupation to implement a permanent ceasefire, including the complete withdrawal of Israeli forces from the entire Gaza Strip, to allow displaced persons to return safely to their original places of residence.
- There is an urgent need to provide temporary housing alternatives for those whose homes have been destroyed—such as equipping and distributing livable caravans—as a transitional solution until full reconstruction and permanent rehousing is possible.
- Crossings must be opened, especially Rafah and Kerem Shalom, and the movement of displaced persons and essential materials must be facilitated. These crossings have been used by Israel as tools of pressure, restricting the entry of building materials and basic necessities, and violating Palestinians’ internationally guaranteed right to freedom of movement. Reopening crossings is also essential to ensure that humanitarian aid and food supplies reach displaced populations.
- A comprehensive reconstruction plan must be developed to rebuild the homes destroyed by Israel, as well as restore infrastructure such as water, electricity, and sanitation networks. Return without reconstruction is a return to nothing.
A special international committee should be formed to lead reconstruction efforts, supported by donor countries and overseen by the United Nations to ensure transparency and efficiency. - After a permanent ceasefire is established, the protection of returnees must be guaranteed by deploying international monitors or temporary UN peacekeeping forces to prevent any future attacks on civilians.
- It is imperative to investigate all acts of forced displacement carried out by the Israeli army and activate international legal mechanisms to hold perpetrators accountable. All war crimes committed since the onset of the genocide must be prosecuted by international courts, including the International Criminal Court (ICC).
- Decisions related to return are often made without involving displaced persons or civil society. Therefore, it is crucial to engage them directly in planning return strategies and reconstruction priorities, through representatives of the local community, human rights organizations, and neighborhood committees.
This will not only enhance implementation but will also uphold human dignity and restore a sense of agency to those most affected.
