Examining the legal aspects of forced transfer (expulsion) of persons as an international crime

The human right to live in one's homeland has been one of the basic human rights throughout history. Forced deportation and transfer of persons from the motherland has occurred in abundance throughout history, and its harmful effects can still be seen. This heinous act has been committed for various purposes, including the exploitation of human beings, the deprivation of their property rights in their homeland, and so on. With the establishment of the International Criminal Court and its jurisdiction to deal with international crimes, explicit transfer of persons as one of the forms International crimes specifically identified as crimes against humanity and war crimes. In this article, the dimensions of the above phenomenon as crimes against humanity and war crimes are examined and its distinction with similar concepts such as deportation, genocide and The relationship of the two is discussed. Finally, with a critical approach to the case law of the International Court of Justice in examining cases of forced transfer in the Bosnian case against Serbia and Montenegro in 2007, the lack of a unified approach between the International Criminal Tribunal for the former Yugoslavia and Rwanda and the International Criminal Court Been paid.