Crime of transfer of population

The crime of transfer of population in article 8(2)(b)(viii) of the Rome Statute of the International Criminal Court (Rome Statute) ¹ is the most obvious option for a prosecution based on the settlements in the West Bank. The crime reflects the international prohibition on the transfer of citizens of the occupying power into occupied territory – the reason most commonly cited that the settlements in the West Bank are unlawful. This chapter will examine the nature and scope of this crime and the underlying prohibition, focussing on how it should be understood by the International Criminal Court (ICC).