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War Watch
Legal Explainers

Forced Displacement

IHL does not prohibit the voluntary movement of civilian populations in situations of armed conflict (including to flee the righting and seek refuge elsewhere). However, it does prohibit forced displacement when the desire to leave is determined by force or psychological coercion.1ICRC, Updated Commentary on GC IV, 2025, paras 3169–3173; ICJ, Legal Consequences Arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem, Advisory Opinion, 2024, para. 145; ICTY, Prosecutor v Stakić (Appeals Judgment), Case no 97-24-A, 22 March 2006, para 281 IHL explicitly regulates the conduct of parties to a conflict towards civilians in their power during a situation of occupation and in non-international armed conflict.

In occupied territory

In a situation of military occupation by a foreign State, forced displacement of protected persons within occupied territory (called “forcible transfer”) or out of occupied territory (called “deportation”) is prohibited, regardless of the motive.2Art 49(1) GC IV; ICRC, Customary IHL Rule 129: ‘The Act of Displacement’, https://ihl-databases.icrc.org/en/customary-ihl/v1/rule129 Only temporary evacuations are permitted under specific circumstances – where the security of the population or imperative military reasons requires it.3Art 49(2) GC IV In principle, such evacuations can only take place within the occupied territory – evacuations outside occupied territory may only take place when it is materially impossible to do otherwise.4Art 49(2) GC IV In any case, evacuated persons must be transferred back to their homes as soon as the reasons for evacuation have ceased.5Art 49(2) GC IV Additionally, and as a corollary to the prohibition on annexation by force, the Occupying Power is prohibited under any circumstances from transferring its own population into occupied territory.6Art 49(6) GC IV

During NIACs

In situations amounting to NIACs, it is prohibited to order the displacement of the civilian population for reasons related to the conflict, except where required for their own security or for imperative military reasons. 7Art 17(1) AP II Forced displacement may only occur for the security of civilians or imperative military reasons. Under Additional Protocol II of 1977, compelling civilians to leave their own territory for reasons related to the conflict is prohibited.8Art 17(2) AP II

Treatment of displaced persons

In all cases of displacement in any armed conflict, all possible measures must be taken to ensure that displaced or evacuated civilians are are provided with shelter, hygiene, health, safety, and food, and that family members are not separated.9Art 49(3) GC IV; Art 17(1) AP II; ICRC, Customary IHL Rule 131: ‘Treatment of Displaced Persons’, https://ihl-databases.icrc.org/en/customary-ihl/v1/rule131 Displaced persons have a right to voluntary return in safety to their homes or places of habitual residence as soon as the reasons for their displacement cease to exist,10Art 49(2) GC IV; ICRC, Customary IHL Rule 132: ‘Return of Displaced Persons’, https://ihl-databases.icrc.org/en/customary-ihl/v1/rule132 and their property must be protected and respected while they remain displaced.11ICRC, Customary IHL Rule 133: ‘Property Rights of Displaced Persons’, https://ihl-databases.icrc.org/en/customary-ihl/v1/rule133

Displacement as a result of hostilities

IHL prohibits the parties to the conflict from ordering the movement of civilians or taking advantage of their displacement in order to shield military objectives, or to favour or impede military operations.12Art 51(7) AP I; see also ICRC, Customary IHL Study Rule 97: ‘Human Shields’, https://ihl-databases.icrc.org/en/customary-ihl/v2/rule97 The destruction of objects indispensable to the survival of the civilian population is strictly prohibited even when they are used by the adverse party in direct support of military action. This is so, where its destruction would cause the forcible movement of the civilian population.

Parties to a conflict shall prevent conflict-related displacement that is caused by their own acts, at least those which are prohibited in and of themselves.13ICRC, Commentary to Customary IHL Rule 129: ‘The Act of Displacement’ and related Commentary, https://ihl-databases.icrc.org/en/customary-ihl/v1/rule129; Guiding Principles on Internal Displacement, UN Doc E/CN.4/1998/53/Add2, 1998, Principle 5Parties to a conflict must remove the civilian population, individual civilians, and civilian objects from the vicinity of military objectives.14Art 58 AP I; Art 13(1) AP II; ICRC, Customary IHL Rule 24: ‘Removal of Civilians and Civilian Objects from the Vicinity of Military Objectives’, https://ihl-databases.icrc.org/en/customary-ihl/v1/rule24