an appropriate response from the international community. This response
should encompass condemnations and urgent interventions to provide relief
or humanitarian assistance, while addressing the root causes of this forced
population transfer. Short-term response from the international community
is insufficient to address this issue, and as such, long-term responses should
be developed to put an end to the ongoing displacement as well as to achieve
a durable solution. While many individuals and organizations have discussed
the triggers of forced population transfer, civil society lacks an overall
analysis of the system of forced displacement that continues to oppress and
disenfranchise Palestinians today. BADIL, therefore, spearheads targeted
research on forced population transfer and produces critical advocacy and
scholarly materials to help bridge this analytical gap.
Forced Population Transfer
The concept of forced population transfer – and recognition of the need
to tackle its inherent injustice – is by no means a new phenomenon, nor
is it unique to Mandate Palestine. Concerted efforts to colonize foreign soil
have underpinned displacement for millennia, and the “unacceptability of
the acquisition of territory by force and the often concomitant practice of
population transfer”3 was identified by the Persian Emperor Cyrus the Great,
and subsequently codified in the Cyrus Cylinder in 539 B.C.; the first known
human rights charter. Almost two thousand years later, during the Christian
epoch, European powers employed population transfer as a means of
conquest, with pertinent examples including the Anglo-Saxon displacement
of indigenous Celtic peoples, and the Spanish Inquisition forcing the transfer
of religious minorities from their homes in the early 16th century.
Today, the forcible transfer of protected persons by physical force or threats
or coercion constitutes a grave breach of the Fourth Geneva Convention and
a war crime under the Rome Statute of the International Criminal Court.
The forcible displacement of individuals without grounds permitted under
international law is a very serious violation, and when those affected belong
to a minority or ethnic pargroup and the policies of forcible displacement are
systematic and widespread, these practices could amount to crimes against
humanity.
International law sets clear rules to prohibit forced population transfer,
3
6
Joseph Schechla, “Prohibition, Prosecution and Impunity for the Crime of Population Transfer”, BADIL
Resource Center for Palestinian Residency and Refugee Rights, Spring-Summer 2012. Available at:
http://www.badil.org/en/component/k2/item/1764-art4.html