Practice Relating to Rule 130. Transfer of Own Civilian Population into Occupied Territory
South Africa’s ICC Act (2002) reproduces the war crimes listed in the 1998 ICC Statute, including in international armed conflicts: “the transfer, directly or indirectly, by the occupying power of parts of its own civilian population into the territory it occupies”.
In its written statement submitted to the ICJ in Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory in 2004, South Africa stated:
The Separation Wall incorporates most of the illegal Israel settlements, which still form the subject matter of negotiations between Israel and Palestine, into the Israel side. These Israeli settlements are illegal not only because they represent an attempt to acquire territory by force, but also because it contravenes Article 49 of the Fourth Geneva Convention which states clearly that the “Occupying power shall not deport or transfer parts of its own civilian population into the territory it occupies”.