Practice Relating to Rule 130. Transfer of Own Civilian Population into Occupied Territory
Spain’s LOAC Manual (1996) provides: “The occupying Power can neither evacuate nor transfer a part of its own civilian population into the territory it occupies.”
Spain’s LOAC Manual (2007) states: “The occupying power must not evacuate or transfer parts of its own civilian population into the territory it occupies with a view to colonizing it.”
Spain’s Penal Code (1995) punishes anyone who transfers and settles in occupied territory any part of the population of the occupying power, in order to remain there permanently.
Spain’s Penal Code (1995), as amended in 2003, states:
Any person who [commits any of the following acts] during armed conflict is punished with 10 to 15 years’ imprisonment, without prejudice to a penalty for the results of such acts:
5. Transferring and settling, directly or indirectly, part of the occupying party’s own population into the occupied territory in order for them to permanently reside in this territory.