Forced Population Transfer under International Law International law sets clear rules prohibiting forced population transfer, including in the United Nations Charter, 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. International humanitarian law In broad terms, international humanitarian law defines a range of prohibitions which seek to address some of the main triggers for displacement. These include, but are not limited to, strict prohibition of attacks targeting civilians, ill treatment and sexual violence. In addition, parties to a conflict must – as a minimum standard – facilitate and grant access to humanitarian relief for those in need. In international armed conflict, an occupying power is strictly prohibited from deporting and/or forcibly transferring the civilian population of an occupied territory. The prohibition includes individual and mass transfer, and transfer within an occupied territory. This prohibition is set out in Article 49 of the Fourth Geneva Convention and confirmed as customary international law by Rule 129 of the International Committee of the Red Cross Customary International Law Study.14 The prohibition of forced transfer appears robust and unequivocal under Article 49 where individual or mass forced transfer is prohibited regardless of the motive. Elements of forced transfer include: • The occurrence of acts or omissions to forcibly remove civilians from their residence, or from areas where they were present, to a place outside of that area; • Involvement of protected persons; • The removal not serving the security needs of the population, or representing an imperative military necessity. 14 Practice Relating to Rule 129. The Act of Displacement. 9

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents