Population transfer

Population transfer is a term referring to a policy by which a state forces the movement of a large group of people out of a region, invariably on the basis of ethnicity or religion. By contrast, individuals and smaller groups of their politically effective adherents may be banished or exiled for political reasons.

Changing legal opinions

The view of international law on population transfer underwent considerable evolution during the 20th century. Prior to World War II, a number of major population transfers were the result of bilateral treaties and had the support of international bodies such as the League of Nations. The tide started to turn when the Charter of the Nuremberg Trials of German Nazi leaders declared forced deportation of civilian populations to be both a war crime and a crime against humanity, and this opinion was progessively adopted and extended through the remainder of the century. Underlying the change was the trend to assign rights to individuals, thereby limiting the rights of states to make agreements which adversely affect them.

Related Topics:
World War II - League of Nations - Nuremberg Trials

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

There is now little debate about the general legal status of involuntary population transfers: Where population transfers used to be accepted as a means to settle ethnic conflict, today, forced population transfers are considered violations of international law. (Denver Journal of International Law and Policy, Spring 2001, p116). No legal distinction is made between one-way and two-transfers, since the rights of each individual are regarded as independent of the experience of others.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

An interim report of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities (1993) says:

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

:Historical cases reflect a now-foregone belief that population transfer may serve as an option for resolving various types of conflict, within a country or between countries. The agreement of recognized States may provide one criterion for the authorization of the final terms of conflict resolution. However, the cardinal principle of "voluntariness" is seldom satisfied, regardless of the objective of the transfer. For the transfer to comply with human rights standards as developed, prospective transferees must have an option to remain in their homes if they prefer.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

The same report warned of the difficulty of ensuring true voluntariness: some historical transfers did not call for forced or compulsory transfers, but included options for the affected populations. Nonetheless, the conditions attending the relevant treaties created strong moral, psychological and economic pressures to move.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

The final report of the Sub-Commission (1997) invoked a large number of legal conventions and treaties to support the position that population transfers contravene international law unless they have the consent of both the moved population and the host population; moreover, that consent must be given free of direct or indirect negative pressure.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

"Deportation or forcible transfer of population" is defined as a crime against humanity by the Rome Statue of the International Criminal Court (Article 7). http://www.preventgenocide.org/law/icc/statute/part-a.htm The International Criminal Tribunal for the Former Yugoslavia has put on trial, and in some cases has convicted, a number of politicians and military commanders indicted for forced deportations in that region.

Related Topics:
Crime against humanity - International Criminal Court - International Criminal Tribunal for the Former Yugoslavia

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Given the logistics of a forced "transfer," it is widely thought of as a euphemism for ethnic cleansing. In its most idealistic connotation, "transfer" is the mildest form of ethnic cleansing — a peaceful relocation of a compliant people from one area to another. Nationalist agitation and its supportive propaganda are typical political tools by which public support is cultivated in favor of population transfer as a solution to conflict.

Related Topics:
Ethnic cleansing - Nationalist - Propaganda

~ ~ ~ ~ ~ ~ ~ ~ ~ ~