Forced displacement and ethnic cleansing of any population, regardless of race, ethnicity, gender, or religion are considered serious and punishable war crimes and crimes against humanity under various domestic and international legal frameworks. Here are the key laws and legal instruments that define and criminalize these acts:
International Laws
1. Geneva Conventions (1949) & Additional Protocols (1977)
Fourth Geneva Convention (Article 49)
Fourth Geneva Convention (Article 49): Prohibits the forced transfer or deportation of civilian populations in occupied territories.
Additional Protocol II (Article 17)
Additional Protocol II (Article 17): Prohibits the forced displacement of civilians in non-international armed conflicts, except when required for security or military reasons.
2. Rome Statute of the International Criminal Court (ICC) (1998)
Article 7 (Crimes Against Humanity)
Article 7 (Crimes Against Humanity): Defines forced displacement, including deportation or forcible transfer of a population, as a crime against humanity when committed as part of a widespread or systematic attack against civilians.
Article 8 (War Crimes)
Article 8 (War Crimes): Prohibits the displacement of civilians during armed conflict unless justified by military necessity.
3. The Genocide Convention (1948)
Article 2
Ethnic cleansing can constitute genocide if it involves acts intended to destroy, in whole or in part, a national, ethnic, racial, or religious group.
4. Customary International Humanitarian Law (IHL)
The International Committee of the Red Cross (ICRC) Customary Law Study recognizes forced displacement as a violation of customary IHL, making it binding even on states that have not ratified specific treaties.
5. International Criminal Tribunals
International Criminal Tribunal for the former Yugoslavia (ICTY)
International Criminal Tribunal for the former Yugoslavia (ICTY): Established that ethnic cleansing constitutes a crime against humanity and can amount to genocide.
International Criminal Tribunal for Rwanda (ICTR)
International Criminal Tribunal for Rwanda (ICTR): Held that mass displacement linked to persecution or extermination can be considered a crime against humanity.
6. United Nations Resolutions & Reports
UN General Assembly Resolution 47/121 (1992)
UN General Assembly Resolution 47/121 (1992): Declares ethnic cleansing a form of genocide.
UN Security Council Resolutions
Several resolutions (e.g., UNSC Res. 827, 955) have condemned forced displacement in conflicts like those in the Balkans and Rwanda.
Domestic Laws
Many countries incorporate international definitions of war crimes and crimes against humanity into their national legal codes. Examples include:
Germany (Code of Crimes Against International Law, 2002)
Germany (Code of Crimes Against International Law, 2002): Incorporates Rome Statute definitions into domestic law.
United States (War Crimes Act of 1996, 18 U.S. Code § 2441): Criminalizes war crimes, including forced displacement, if committed by or against U.S. nationals.
France (Penal Code, Articles 211-1 to 212-3)
France (Penal Code, Articles 211-1 to 212-3): Criminalizes genocide, crimes against humanity, and forced population transfers.
United Kingdom (International Criminal Court Act, 2001)
United Kingdom (International Criminal Court Act, 2001): Adopts the Rome Statute's provisions on forced displacement.
These laws ensure that forced displacement and ethnic cleansing are punishable both in domestic courts and international tribunals.