'Transferring own civilians into occupied territory - IAC' in document 'Netherlands: International Crimes Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

§ 2. Crimes
Section 5
2. Anyone who commits, in the case of an international armed conflict, one of the grave breaches of the Additional Protocol (I), concluded in Bern on 12 December 1977, to the Geneva Conventions of 12 August 1949, relating to the protection of victims of international armed conflicts (Netherlands Treaty Series 1980, 87), namely:
(d) the following acts if committed intentionally and in violation of the Geneva Conventions and Additional Protocol (I):
(i) the transfer by the occupying Power of parts of its own civilian population into the territory it occupies or the transfer of all or part of the population of the occupied territory within or outside this territory in violation of article 49 of the Fourth Geneva Convention;

§ 2. Crimes
Section 5
5. Anyone who, in the case of an international armed conflict, commits one of the following acts:
(d) the transfer, directly or indirectly, by the occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or part of the population of the occupied territory within or outside this territory;
shall be liable to a term of imprisonment not exceeding fifteen years or a fifth category fine.

RELEVANT ROME STATUTE PROVISIONS

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
(viii) The transfer, directly or indirectly, 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

ANALYSIS

This provision follows the ICC Statute.