Ethnic Cleansing As A Crime Under International Law
There is no formal legal definition of ethnic cleansing. However, ethnic cleansing in the broad sense – the forcible deportation of a population – is defined as a crime against humanity under the statutes of both International Criminal Court (ICC) and the International Criminal Tribunal for the Former Yugoslavia (ICTY). The gross human-rights violations integral to stricter definitions of ethnic cleansing are treated as separate crimes falling under the definitions for genocide or crimes against humanity of the statutes.
The UN Commission of Experts (established pursuant to Security Council Resolution 780) held that the practices associated with ethnic cleansing "constitute crimes against humanity and can be assimilated to specific war crimes. Furthermore ... such acts could also fall within the meaning of the Genocide Convention." The UN General Assembly condemned "ethnic cleansing" and racial hatred in a 1992 resolution.
There are however situations, such as the expulsion of Germans after World War II, where ethnic cleansing has taken place without legal redress (see Preussische Treuhand v. Poland). Timothy V. Waters argues that if similar circumstances arise in the future, this precedent would allow the ethnic cleansing of other populations under international law.
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