Practice Relating to Rule 129. The Act of Displacement
Sweden’s Military Manual (1976) provides: “Any form of deportation of civilians to the home country of the occupying power is forbidden.”
In its judgment in the Arklöf case in 2006, Sweden’s Stockholm District Court stated:
Displacement of civilians also took place in contravention of Additional Protocol II article 17. Arklöf participated actively in capturing and displacing civilians in the village of Rotimlja, and has thereby incurred individual responsibility for this.
The rules that have been violated have customary status.
Sweden’s IHL Manual (1991) provides:
The only circumstances under which the occupying power has the right to order removal of the civilian population is when evacuation is required to protect civilians from military attack, or when civilian safety otherwise requires this.