Related Rule
New Zealand
Practice Relating to Rule 129. The Act of Displacement
New Zealand’s Military Manual (1992) provides: “In no circumstances may a protected person be transferred to a State where he has reason to fear persecution on account of his political opinions or religious beliefs.” 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1121(2).
The manual states that some provisions continue in effect until the occupation is in fact terminated, such as articles preserving “protection against forced transfers, evacuations and deportations”. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1303(3).
The manual specifies that “impermissible measures of population control include: … e. deportations”. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1322(3).
The manual also states: “In the case of civilians in the hands of the adverse Party … it is also a grave breach: a. unlawfully to deport or transfer a protected civilian”. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1702(3).
With respect to non-international armed conflicts in particular, the manual states: “It is forbidden to displace the civilian population for reasons connected with the conflict.” 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1823(1).
New Zealand’s Geneva Conventions Act (1958), as amended in 1987, provides:
Any person who in New Zealand or elsewhere commits, or aids or abets or procures the commission by another person of, a grave breach of any of the [1949 Geneva] Conventions or of [the 1977 Additional Protocol I] is guilty of an indictable offence. 
New Zealand, Geneva Conventions Act, 1958, as amended in 1987, Section 3(1).
Under New Zealand’s International Crimes and ICC Act (2000), genocide includes the crimes defined in Article 6(e) of the 1998 ICC Statute, crimes against humanity include the crimes defined in Article 7(1)(d) of the Statute, and war crimes include the crimes defined in Article 8(2)(a)(vii), (b)(viii) and (e)(viii) of the Statute. 
New Zealand, International Crimes and ICC Act, 2000, Sections 9(2), 10(2) and 11(2).
In 1993, during a debate in the UN Security Council, New Zealand condemned the forced displacement in the former Yugoslavia. 
New Zealand, Statement before the UN Security Council, UN Doc. S/PV.3217, 25 May 1993, p. 22.
New Zealand’s Military Manual (1992) provides that in occupied territory, “permissible measures of population control include … evacuation”. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1322(2).
With respect to non-international armed conflicts in particular, the manual states: “It is forbidden to displace the civilian population for reasons connected with the conflict, unless their security or imperative military reasons so demand.” 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1823.
The manual refers to Article 17 of the 1949 Geneva Convention IV, which requires that “belligerents endeavour to conclude local agreements for the removal from besieged or encircled areas of wounded, sick, infirm and aged persons … and maternity cases”. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 508(3).
Under New Zealand’s International Crimes and ICC Act (2000), war crimes include the crimes defined in Article 8(2)(e)(viii) of the 1998 ICC Statute. 
New Zealand, International Crimes and ICC Act, 2000, Section 11(2).