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 Mandatory Palestine. Concerted efforts to colonize foreign land
have underpinned displacement for millennia, and the “unacceptability of
the acquisition of territory by force and the often concomitant practice of
population transfer” 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, 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 group and the policies of forcible displacement are
systematic or widespread, these practices could amount to crimes against
humanity.
International law sets clear rules to prohibit forced population transfer,
through the specific branches of international humanitarian law, international
human rights law, international criminal law and international refugee law.
Both internal (within an internationally recognized border) and external
displacement are regulated.
BADIL presents this series of working papers in a concise and accessible
manner to its designated audiences: from academics and policy makers, to
activists and the general public. Generally, the series contributes to improving
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