Related Rule
United States of America
Practice Relating to Rule 129. The Act of Displacement
The US Field Manual (1956) provides: “In no circumstances shall a protected person be transferred to a country where he or she may have reason to fear persecution for his or her political opinions or religious beliefs.” 
United States, Field Manual 27-10, The Law of Land Warfare, US Department of the Army, 18 July 1956, as modified by Change No. 1, 15 July 1976, § 284.
The manual further states:
Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motives. 
United States, Field Manual 27-10, The Law of Land Warfare, US Department of the Army, 18 July 1956, as modified by Change No. 1, 15 July 1976, § 382.
According to the manual, “unlawful deportation or transfer … of a protected person” constitutes a grave breach. 
United States, Field Manual 27-10, The Law of Land Warfare, US Department of the Army, 18 July 1956, as modified by Change No. 1, 15 July 1976, § 502(c).
The US Air Force Pamphlet (1976) refers to Article 49 of the 1949 Geneva Convention IV. 
United States, Air Force Pamphlet 110-31, International Law – The Conduct of Armed Conflict and Air Operations, US Department of the Air Force, 1976, § 14-6(b).
The US Naval Handbook (1995) provides: “The following acts are representative of war crimes: … offenses against civilian inhabitants of occupied territory, including … deportation”. 
United States, The Commander’s Handbook on the Law of Naval Operations, NWP 1-14M/MCWP 5-2.1/COMDTPUB P5800.7, issued by the Department of the Navy, Office of the Chief of Naval Operations and Headquarters, US Marine Corps, and Department of Transportation, US Coast Guard, October 1995 (formerly NWP 9 (Rev. A)/FMFM 1-10, October 1989), § 6.2.5.
The US Naval Handbook (2007) states that examples of war crimes that could be considered as grave breaches of the 1949 Geneva Conventions include: “Offenses against civilian inhabitants of occupied territory, including … deportation”. 
United States, The Commander’s Handbook on the Law of Naval Operations, NWP 1-14M/MCWP 5-12.1/COMDTPUB P5800.7, issued by the Department of the Navy, Office of the Chief of Naval Operations and Headquarters, US Marine Corps, and Department of Homeland Security, US Coast Guard, July 2007, § 6.2.6(2).
The Handbook also states: “Interned persons may not be removed from the occupied territory in which they reside except as their own security or imperative military considerations may require. 
United States, The Commander’s Handbook on the Law of Naval Operations, NWP 1-14M/MCWP 5-12.1/COMDTPUB P5800.7, issued by the Department of the Navy, Office of the Chief of Naval Operations and Headquarters, US Marine Corps, and Department of Homeland Security, US Coast Guard, July 2007, § 11.5.
The US Regulations Governing the Trials of Accused War Criminals in the Pacific Region I (1945) established military commissions which had jurisdiction over offences such as “deportation to slave labour or for any other illegal purpose, of civilians of or in occupied territory”. 
United States, Regulations Governing the Trials of Accused War Criminals in the Pacific Region I, 1945, Regulation 5.
The US Regulations Governing the Trials of Accused War Criminals in the Pacific Region II (1945) established military commissions which had jurisdiction over offences such as “deportation to slave labour or for any other purpose of civilians of or in occupied territory”. 
United States, Regulations Governing the Trials of Accused War Criminals in the Pacific Region II, 1945, Regulation 2(b).
Under the US War Crimes Act (1996), grave breaches of the 1949 Geneva Conventions are war crimes. 
United States, War Crimes Act, 1996, Section 2441(c)(1).
In its judgment in the Krauch case (The I.G. Farben Trial) in 1948, the US Military Tribunal at Nuremberg considered that some of the accused, officials of I.G. Farben Industrie A.G. were responsible for having participated in the enslavement and deportation to slave labour of the civilian population of territory under belligerent occupation or otherwise controlled by Germany. The Court found that the utilization of forced labour, unless done under such circumstances as to relieve the employer of responsibility, constituted a violation of that part of Article II of the 1945 Allied Control Council Law No. 10, which recognized as war crimes and crimes against humanity the enslavement, deportation or imprisonment of the civilian population of other countries. 
United States, Military Tribunal at Nuremberg, Krauch case (The I.G. Farben Trial), 29 July 1948.
In its judgment in the Milch case in 1947, the US Military Tribunal at Nuremberg found the accused, an inspector-general and a field-marshal in the German Air Force during the Second World War, responsible for the deportation of inhabitants of occupied territories, prisoners of war and German nationals, amounting to war crimes, under Article II of the 1945 Allied Control Council Law No. 10. The Tribunal found evidence that the accused took part in the decision process according to which workers from occupied territories were forcibly taken from their homes without knowledge of their destination, and deported to forced labour in factories manufacturing armaments. The deportees were deprived of the right to move freely or to choose their place of residence. 
United States, Military Tribunal at Nuremberg, Milch case, Judgment, 17 April 1947.
In its judgment in the Krupp case in 1948, the US Military Tribunal at Nuremberg found the accused, officials of Krupp A.G., guilty of participation in the programme of deportation to slave labour of members of the civilian population of the invaded countries. The Tribunal considered that such participation amounted to war crimes, under Article II of the 1945 Allied Control Council Law No. 10, in that they were principals in, accessories to, ordered, abetted, or took a consenting part in the deportation programme. 
United States, Military Tribunal at Nuremberg, Krupp case, 30 June 1948.
In its judgment in the List case (The Hostages Trial) in 1948, the US Military Tribunal at Nuremberg found high-ranking German officers guilty of war crimes under Article II of the 1945 Allied Control Council Law No. 10, for having taken part, as accessories or principals, in the torture, ill-treatment and deportation to slave labour of the civilian population of the occupied territories of Greece, Yugoslavia and Albania by troops of the German Armed Forces, acting pursuant to superior orders. 
United States, Military Tribunal at Nuremberg, List case (The Hostages Trial), Judgment, 19 February 1948.
In its judgment in the Von Leeb case (The High Command Trial) in 1948, the US Military Tribunal at Nuremberg found members of the German High Command guilty of war crimes, for their participation in atrocities and offences, including deportation of civilians to slave labour or other purposes. The evidence referred to deportation and enslavement of civilians carried out on a large scale. Workers were seized in the streets, under the pretext that they had to work for two to three days, and brought to work without any winter clothing. 
United States, Military Tribunal at Nuremberg, Von Leeb case (The German High Command Trial), Judgment, 28 October 1948.
In 1992, in its final report to Congress on the conduct of the Gulf War, the US Department of Defense stated that it considered the individual and mass forcible deportation of Kuwaiti and third country nationals to Iraq, in violation of Articles 49 and 147 of the 1949 Geneva Convention IV, to be a war crime. 
United States, Department of Defense, Final Report to Congress on the Conduct of the Persian Gulf War, 10 April 1992, Appendix O, The Role of the Law of War, ILM, Vol. 31, 1992, pp. 618–619 and 634–635.
In 1992, in a report submitted pursuant to paragraph 5 of UN Security Council Resolution 771 (1992) on grave breaches of the 1949 Geneva Convention IV in the former Yugoslavia, the United States stated that mass forcible expulsion and deportation of civilians were listed as grave breaches of the 1949 Geneva Convention IV. The report collated information on 12 such instances of expulsion and deportation. 
United States, Former Yugoslavia: Grave Breaches of the Fourth Geneva Convention, annexed to Letter dated 22 September 1992 to the UN Secretary-General, UN Doc. S/24583, 23 September 1992, p. 9.
In 1993, during a debate in the UN Security Council, the United States condemned the forced displacement in the former Yugoslavia. 
United States, Statement before the UN Security Council, UN Doc. S/PV.3175, 22 February 1993, p. 12.
The Report on US Practice states: “Article 17 of Protocol II reflects general U.S. policy on displacement in internal armed conflicts.” 
Report on US Practice, 1997, Chapter 5.5, referring to Message from the US President Transmitting the 1977 Additional Protocol II to the US Senate for Advice and Consent to Ratification, Treaty Doc. 100-2, 29 January 1987, Comment on Article 17.
The US Field Manual (1956) reproduces Articles 17 and 49 of the 1949 Geneva Convention IV. 
United States, Field Manual 27-10, The Law of Land Warfare, US Department of the Army, 18 July 1956, as modified by Change No. 1, 15 July 1976, §§ 256 and 382.
The US Air Force Pamphlet (1976) refers to Articles 17 and 49 of the 1949 Geneva Convention IV. 
United States, Air Force Pamphlet 110-31, International Law – The Conduct of Armed Conflict and Air Operations, US Department of the Air Force, 1976, §§ 14–3 and 14-6(b).
The US Soldier’s Manual (1984) provides: “It is lawful to move or resettle civilians if it is urgently required for military reasons, such as clearing a combat zone.” 
United States, Your Conduct in Combat under the Law of War, Publication No. FM 27-2, Headquarters Department of the Army, Washington, November 1984, p. 22.
In 1992, in a report submitted pursuant to paragraph 5 of UN Security Council Resolution 771 (1992) on grave breaches of the 1949 Geneva Convention IV committed in the former Yugoslavia, the United States stated:
The discrete incidents reported herein contain indications that they are part of a systematic campaign towards a single objective – the creation of an ethnically “pure” State. We have not identified “ethnic cleansing” … as a separate category of violations. Nevertheless, the rubric of ethnic cleansing may unite events that appear unconnected and may therefore prove useful in identifying persons and institutions that may be responsible for violations of established international humanitarian law. 
United States, Former Yugoslavia: Grave Breaches of the Fourth Geneva Convention (Second Submission), annexed to Letter dated 22 September 1992 to the UN Secretary-General, UN Doc. S/24583, 23 September 1992, Annex, § 4.
In 1998, in reaction to the situation in Kosovo, but also referring to the conflicts in the former Yugoslavia, the US Congress adopted a resolution by unanimous consent stating:
Whereas “ethnic cleansing” has been carried out in the former Yugoslavia in such a consistent and systematic way that it had to be directed by the senior political leadership in Serbia, and Slobodan Milošević has held such power within Serbia that he is responsible for the conception and direction of this policy;
it is the sense of Congress that …
the United States should publicly declare that it considers that there is reason to believe that Slobodan Milošević, President of the Federal Republic of Yugoslavia (Serbia and Montenegro), has committed war crimes, crimes against humanity and genocide. 
United States, Congress, Resolution 105 on the Sense of Congress Regarding the Culpability of Slobodan Milošević, 17 July 1998, Congressional Record (Senate), pp. S8456–S8458.