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International Humanitarian Law

Vanderbilt Journal of Transnational Law

Journal

1993

International law

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Deportation And Transfer Of Civilians In Time Of War, Jean-Marie Henckaerts Oct 1993

Deportation And Transfer Of Civilians In Time Of War, Jean-Marie Henckaerts

Vanderbilt Journal of Transnational Law

In this Article, the Author discusses the international law prohibiting the deportation and transfer of civilians during times of war. The Author first focuses on Article 49 of the Fourth Geneva Convention, describing its genesis and its character as customary international law. The Author examines several specific instances of illegal deportations in Kuwait, the former Yugoslavia, and the Israeli-occupied territories, and discusses the application of Geneva IV to these situations. He concludes that more should be done to enforce international law prohibiting the transfer of civilians during times of war and to punish states for engaging in massive deportation.