Israeli Settlements and Unlawful Population Transfer into Occupied Territory — with Special Focus on “Indirect Transfers” According to Article 8 (2) (b) (viii) of the ICC Statute

Abstract

International law prohibits the transfer of population into occupied territory. As there is no provision defining the term nor jurisprudence interpreting it, the precise and correct meaning of the prohibition has been highly debated. The prohibition was first stipulated in Article 49 (6) GC IV and is echoed in Article 8 (2) (b) (viii) ICC Statute by mainly using the same wording. However, in contrast to the convention-based norm, Article 8 (2) (b) (viii) ICC Statute additionally specifies that any transfer, “directly or indirectly”, constitutes a violation of international law. The inclusion of these words gives further rise to the challenge of interpreting this provision. By scrutinising the Israeli settlement project, the article therefore aims at identifying which state conduct amounts to a ‘population transfer’ with an emphasis on the specific forms of ‘indirect population transfers’.