Population Transfer is Illegal

This Law has opened in a separate window so that you can study it simultaneously with other documents.
To search for a word, use the "find" function in the Edit Menu at the top of your browser.
To close or minimalize this page, click in the appropriate box in the upper right corner.

Relevant Major Principles of International Law - (2) It is Illegal for Occupant to move Significant Numbers of its own Population Onto Occupied Enemy Lands:

RELEVANT PRINCIPLE OF INTERNATIONAL LAW

It is a basic legal principle that military action and occupation must never lead to interference with the right to self-determination of the occupied people (see Point #7), or to significant changes in the demographics or legal structures of the occupied lands (see Point #3), which would by definition lead to interference with the right of the occupied people to self-determination - to control over their own lands and infrastructure and economy and society, and their progress and direction.

This reflects the idea that a legal military occupation is one that is based ONLY on a need for self-defense, and only lasts as long as it takes to restore security (see point #1), and thus would not require major changes to the demographics or legal systems or infrastructure of the occupied territories by the occupying military.

The developers recognized that one of the major ways that aggressive military forces implement illegal changes in an occupied territory would be to move significant numbers of their own population into the occupied territories which would thus interfere with ability of the occupied people to get access and use of the lands where the occupying forces have their own population.

Realistically, and most likely, the occupying forces would also give special privileges to their own people versus the people native to the occupied territories. The end result would most likely be a very conflictual situation with the occupying forces having to defend their own people against the native peoples because of their frustrations with interference with their own social and economic activity and being denied access to their own land and resources, and suffering from being denied things as preference is given to the foreign peoples belonging to the occupying forces who have been imported onto the lands of the native people.

Anticipating such problems, the developers of international humanitarian law made a major point of forbidding occupying forces from importing their own people onto occupied land (for relevant quotes from international human rights law - see below).

This is also understandable considering that the only legal reason for a military occupation would be self-defense, and that the occupation would end as soon as security was restored (please see point #1 of this section).

RELEVANT LAWS & RESPONSES

As per International Law -
- Geneva Conventions (1949), article 49(6) (full text) (specific articles - see below).
- Geneva Conventions (Protocol I) (1977), article 85(4a) (full text) (specific articles - see below) defines the occupying forces importing their own population into the occupied territories as a "grave breach" of international law.
Israeli Violations -
- 2. During 1967 occupation, Israel settles Israeli citizens in hundreds of Israeli settlements on occupied Palestinian land (more details).
International Response -
- United Nations -
- International Miscellaneous response -
- Academic Analysis -

RELEVANT QUOTES FROM TEXT

Geneva Conventions IV (1949), article 49(6):

Article 49(6). The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies. .

Geneva Conventions (Protocol I) (1977), article 85(4a):

Article 85. Repression of breaches of this Protocol

4. In addition to the grave breaches defined in the preceding paragraphs and in the Conventions, the following shall be regarded as grave breaches of this Protocol, when committed wilfully and in violation of the Conventions or the Protocol:
- (a) the transfer by the occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory, in violation of Article 49 of the Fourth Convention;

REFERENCES

Any comments, suggestions, or questons are most welcomed. Please contact us at [email protected]