Expulsion and forced displacement in international criminal law

Document Type : Specialized scientific

10.22034/cr7.2025.100649

Abstract

"Forced expulsion and displacement" is one of the examples of international crimes that has been identified and criminalized in various international criminal law instruments. This crime is usually examined in the context of crimes against humanity, genocide and war crimes and involves the forcible transfer of individuals from their place of residence, without legal consent and in violation of international humanitarian law. In specific international criminal law, this crime is stipulated in authoritative documents such as the Statute of the International Criminal Court, the Statute of the International Criminal Tribunals for the former Yugoslavia and Rwanda. In this framework, the material element of this crime includes the forcible expulsion or transfer of individuals from their territory through threats, violence or coercive policies. The moral element also involves the conscious and deliberate intention to commit this act, with knowledge of its destructive effects on the victims. This article examines the definition, elements, examples, and international judicial procedures related to the crime of expulsion and forced migration, using international sources. The approach of the International Criminal Court and other international courts towards this crime is also analyzed to explain its position and importance in the international criminal system.

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