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International Law Clearly Prohibits

Mass Expulsions

The Fourth Geneva Convention defines "unlawful deportation or transfer or unlawful confinement of a protected person" as a grave breach of the Convention and therefore a war crime. (Article 147). ( "Protected person" refers to all peoples whose rights are protected under the Convention either because they live under military occupation or because they live in a war/conflict zone.) The Convention also:

- prohibits "collective penalties and likewise all measures of intimidation" as well as "reprisals against protected persons and their property". (Article 33)
- stipulates that: "Individuals or mass forcible transfers, as well as deportations of protected persons form occupied territories to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motives". (Article 49)

- states that: "Protected persons accused of offences shall be detained in the occupied country, and if convicted they shall serve their sentence therein". (Article 76)

The Rome Statute of the International Criminal Court, which reflects customary international law:

- defines deportation or forcible transfer of population as "forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law". - defines as a war crime in Article 8(2)(b)(viii) "the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory" by the occupying power.

- stipulates that the deportation or forcible transfer of population would also constitute a crime against humanity, when carried out in a widespread or systematic way, as part of a governmental policy. (Article 7 (d)).

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