Forced transfer and customary international law : bridging the gap between Nuremberg and the ICTY
The extraordinary chambers in the Courts of Cambodia
The Hague : T.M.C. Asser, 2016
The Case 002 Closing Order charged displacements as the other inhumane act of forced transfer, and it was on this basis that convictions for the same were entered by the Extraordinary Chambers in the Courts of Cambodia (ECCC) Trial Chamber. However, the Closing Order did not reflect the state of customary international law by 1975. Rather, the ECCC could have charged and convicted the Case 002 accused for deportation within national boundaries. By analysing the evolution of forced displacement as a crime, this article demonstrates that deportation within national boundaries was recognised as a crime in customary international law by 1975.
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