Rule 129.

The Act of Displacement

RELATED PRACTICE
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Note: This chapter addresses forced displacement of civilians for reasons related to an armed conflict, whether

within or outside the bounds of national territory. It thus covers the treatment of both internally displaced

persons and persons who have crossed an international border (refugees). The only exception to this is Rule

130, which covers both forcible and non-forcible transfer of populations into occupied territory.
Rule 129.A. Parties to an international armed conflict may not deport or forcibly
transfer the civilian population of an occupied territory, in whole or in part,
unless the security of the civilians involved or imperative military reasons so
demand.B. Parties to a non-international armed conflict may not order the
displacement of the civilian population, in whole or in part, for reasons related
to the conflict, unless the security of the civilians involved or imperative
military reasons so demand.
Practice
Volume II, Chapter 38, Section A.
Summary
State practice establishes these rules as norms of customary international law applicable in international (A) and non-
international (B) armed conflicts respectively.
International armed conflicts
The prohibition of the deportation or transfer of civilians goes back to the Lieber Code, which provides that “private
citizens are no longer … carried off to distant parts”.[1] Under the Charter of the International Military Tribunal
(Nuremberg), “deportation to slave labour or for any other purpose of civilian population of or in occupied territory”
constitutes a war crime.[2] The prohibition of the transfer or deportation of civilians is set forth in the Fourth Geneva
Convention.[3] In addition, according to the Fourth Geneva Convention and Additional Protocol I, it is a grave breach
of these instruments to deport or transfer the civilian population of an occupied territory, unless the security of the
civilians involved or imperative military reasons so demand.[4] Under the Statute of the International Criminal Court,
“the deportation or transfer [by the Occupying Power] of all or parts of the population of the occupied territory within or
outside this territory” constitutes a war crime in international armed conflicts.[5]
Numerous military manuals specify the prohibition of unlawful deportation or transfer of civilians in occupied territory.
[6] It is an offence under the legislation of many States to carry out such deportations or transfers.[7] There is case-
law relating to the Second World War supporting the prohibition.[8] It is also supported by official statements and by
many resolutions adopted by international organizations and international conferences, including condemnations of
alleged cases of deportation and transfer.[9]
The Supreme Court of Israel has stated on several occasions, however, that Article 49 of the Fourth Geneva
Convention was not meant to apply to the deportation of selected individuals for reasons of public order and security,
[10] or that Article 49 did not form part of customary international law and that therefore deportation orders against
individual citizens did not contravene the domestic law of Israel.[11]
Non-international armed conflicts
The prohibition of displacing the civilian population in non-international armed conflicts is set forth in Additional
Protocol II.[12] Under the Statute of the International Criminal Court, “ordering the displacement of the civilian
population for reasons related to the conflict, unless the security of the civilians involved or imperative military
reasons so demand,” constitutes a war crime in non-international armed conflicts.[13] This rule is contained in other
instruments pertaining also to non-international armed conflicts.[14] It should also be noted that, under the Statutes of
the International Criminal Tribunals for the former Yugoslavia and for Rwanda and of the International Criminal Court,
deportation or transfer of the civilian population constitutes a crime against humanity.[15]
The rule prohibiting the forcible displacement of the civilian population is also specified in a number of military
manuals which are applicable in or have been applied in non-international armed conflicts.[16] The legislation of
many States makes it an offence to violate this rule.[17] The prohibition is also supported by official statements and
reported practice in the context of non-international armed conflicts.[18]
In a resolution on basic principles for the protection of civilian populations in armed conflicts, adopted in 1970, the UN
General Assembly affirmed that “civilian populations, or individual members thereof, should not be the object of …
forcible transfers”.[19] In a resolution on the protection of women and children in emergency and armed conflict,
adopted in 1974, the UN General Assembly declared that “forcible eviction, committed by belligerents in the course of
military operations or in occupied territories, shall be considered criminal”.[20] The UN Security Council, UN General
Assembly and UN Commission on Human Rights have condemned instances of forced displacement in international
armed conflicts but also in non-international armed conflicts, for example, in the context of the conflicts in Bosnia and
Herzegovina, Burundi and Sudan.[21]
The 26th International Conference of the Red Cross and Red Crescent adopted two resolutions stressing the
prohibition of forced displacement of the civilian population.[22] The ICRC has called on parties to both international
and non-international armed conflicts to respect this rule.[23]
Evacuation of the civilian population
In both international and non-international armed conflicts, State practice establishes an exception to the prohibition
of displacement in cases where the security of the civilians involved or imperative military reasons (such as clearing a
combat zone) require the evacuation for as long as the conditions warranting it exist. This exception is contained in
the Fourth Geneva Convention and Additional Protocol II.[24] The possibility of evacuation is also provided for in
numerous military manuals.[25] It is contained in the legislation of many States.[26]
The Guiding Principles on Internal Displacement prohibit the “arbitrary” displacement of persons, which is defined as
including displacement in situations of armed conflict, “unless the security of civilians involved or imperative military
reasons so demand”.[27] The exception of “imperative military reasons” can never cover cases of removal of the
civilian population in order to persecute it.[28]
The Fourth Geneva Convention further specifies that evacuations may not involve displacement outside the bounds
of the occupied territory “except where for material reasons it is impossible to avoid such displacement”. [29] With
respect to non-international armed conflicts, Additional Protocol II specifies that evacuations may never involve
displacement outside the national territory.[30]
Prevention of displacement
State practice also underlines the duty of parties to a conflict to prevent displacement caused by their own acts, at
least those acts which are prohibited in and of themselves (e.g., terrorizing the civilian population or carrying out
indiscriminate attacks). As stated in the Guiding Principles on Internal Displacement:
All authorities and international actors shall respect and ensure respect for their obligations under international law,
including human rights and humanitarian law, in all circumstances, so as to prevent and avoid conditions that might
lead to displacement of persons.[31]
Ethnic cleansing
“Ethnic cleansing” aims to change the demographic composition of a territory. In addition to displacement of the
civilian population of a territory, this can be achieved through other acts which are prohibited in and of themselves
such as attacks against civilians (see Rule 1), murder (see Rule 89) and rape and other forms of sexual violence (see
Rule 93). These acts are prohibited regardless of the nature of the conflict and have been widely condemned.