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.
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