Rubble and Erasure in Gaza: The Unspoken Consequences of Israeli Clearance Efforts

The United Nations’ special rapporteur on Palestinian territories, Francesca Albanese, has issued a stark warning about the implications of Israel’s rubble-clearing efforts in Gaza. Amidst the devastation wrought by last year’s war, Albania’s remarks have been met with predictable howls of protest from Israel and its allies. Yet beneath the rhetorical posturing lies a disturbing reality: the erasure of evidence relevant to the investigation of alleged international crimes.

The scale of destruction in Gaza is staggering. Over 73,000 Palestinians have perished, including more than 1,330 since the October ceasefire. The relentless bombardment has reduced much of the territory to rubble, with an estimated 10,000 people still buried beneath the debris. Francesca Albanese notes that “rubble is not just construction waste” – it holds the secrets of atrocity crimes.

The removal and crushing of rubble pose a significant risk to the recovery and identification of human remains. The recent burial of 112 members of one extended family whose remains were recovered from under Gaza City buildings destroyed by Israel in November 2023 serves as a stark illustration of this challenge. The absence of evidence is not merely a bureaucratic hurdle but an affront to justice for the victims.

Francesca Albanese has called on international criminal investigators to oversee the evidence gathering and warned countries and companies involved in removal efforts that they could incur international criminal responsibility. Destroying evidence of atrocity crimes, she stressed, “is illegal” and “unacceptable.” The reconstruction of Gaza must not come at the cost of erasing its past and the evidence required to secure justice for its victims.

Francesca Albanese’s statement has been met with criticism from Israel and some of its allies. This pushback should be seen as an attempt to stifle accountability. The rapporteur’s work, like that of her predecessors, has consistently highlighted the grim reality of Israeli actions in Gaza and the occupied West Bank.

In this context, Albania’s remarks serve as a chilling reminder of the dangers of erasure in the pursuit of reconstruction. The destruction of evidence, whether intentional or not, is a hallmark of impunity. As we witness the ongoing devastation in Gaza, it is imperative that we recognize the unspoken consequences of Israel’s clearance efforts.

The international community has been silent on Albania’s warnings, particularly from major powers like the United States. By imposing sanctions on the rapporteur, Washington has essentially given its stamp of approval to Israeli actions. This tacit endorsement emboldens those responsible for erasure and undermines efforts towards accountability.

The recovery of human remains, systematic documentation of sites, and preservation of potentially relevant evidence are not merely technicalities but essential steps towards securing justice for victims. As Francesca Albanese’s statement makes clear, destroying evidence of atrocity crimes is illegal. It is unacceptable that the reconstruction of Gaza is conditioned upon the erasure of its past and the evidence required to secure justice for its victims.

The consequences of our inaction will be far-reaching. The destruction of evidence in Gaza sets a precedent for future conflicts, undermining the very notion of accountability. As we witness the ongoing devastation, it is imperative that we recognize the unspoken consequences of Israel’s clearance efforts and demand action from those who claim to champion justice.