[���] population transfers violate […] rights contained in several
important international human rights instruments, in particular the
international covenant on civil and political rights, the international
covenant on economic, social and cultural rights, the convention
on the elimination of all forms of racial discrimination and the
convention on the rights of the child. Moreover, population transfers
are incompatible with norms of “soft law” such as the declaration
on the rights of persons belonging to national or ethnic, religious
and linguistic minorities, the draft code of crimes against the peace
and security of mankind, and certain resolutions adopted by the
sub-commission on prevention of discrimination and protection of
minorities, i.e. Resolutions 1992/28, 1994/24, 1995/13, and 1996/9.19
International criminal law
In addition to being prohibited under various bodies of law, certain acts
of displacement are deemed to be some of the most serious violations of
international law, and as a result are criminalized – meaning that individuals
can be held criminally responsible.
Forced transfer and unlawful deportation are listed under Article 147 of
the Fourth Geneva Convention as grave breaches and are listed under the
Rome Statute of the International Criminal Court as war crimes. Unlawful
deportation or transfer are universally accepted to be war crimes under the
grave breaches regime (during international armed conflict). In situations of
non-international armed conflict, ordering the displacement of the civilian
population for reasons related to the conflict amounts to a war crime unless
the security of the civilians involved or imperative military reasons so demand.
Moreover, unlawful transfer may also amount to a crime against humanity
when committed as part of a widespread or systematic attack against
a civilian population. In addition, displacement of individuals when
undertaken on discriminatory grounds may amount to persecution, another
crime against humanity.
19 E/CN.4/Sub.2/1997/23, section 14, available at: http://www.unhchr.ch/huridocda/huridoca.
nsf/%28Symbol%29/E.CN.4.Sub.2.1997.23.En?OpenDocument.
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents