Without order, anything goes? The prohibition of forced displacement in non-international armed conflict
30-09-2009 Article, International Review of the Red Cross, No. 875, by Jan Willms
Article 17(1) of Additional Protocol II and customary international humanitarian law seem only to prohibit the "ordering" of displacement in non-international armed conflict. However, by interpreting these norms in light of State practice, the author concludes that forced displacement is prohibited regardless of whether it is ordered or not. Nevertheless, an order may still be required to constitute the crime of forced displacement under the Rome Statute.