[���] 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