International Criminal Policy on Forced Migration

Forced displacement of people from their homeland in the international system is one of the behaviors that violates human rights and is condemned and considered as a crime against humanity in the UN Universal Declaration of Human Rights, in the International Covenant on Civil Rights and in the Statute of the International Criminal Court. Article 7 of the Statute of the International Criminal Court defines “the crimes against humanity” as certain acts committed as part of a systematic or widespread attack on a civilian population knowingly”. Thus, the creation of criminal liability for a crime against humanity requires proof of premeditated murder, destruction, enslavement, forced displacement, rape, sexual slavery, and forced prostitution. These acts must be committed as part of a widespread or systematic attack on any civilian population by a perpetrator knowingly carrying out the attack and following a government policy or government connivance. This article tries to examine the criminal policy of international legislator on forced migration and its aspects. The international criminal policy on forced migration is then examined, and the criminal policy applied at the international level is analyzed and evaluated in many ways in relation to the important cases in which the forced migration has taken place, such as the forced displacement of the Palestinian people by the Israeli regime.