From makan.org.uk:
The term ‘ethnic cleansing’ is related to genocide. It surfaced in the context of the 1990’s conflict in former Yugoslavia. It has been acknowledged in judgements and indictments of the International Criminal Tribunal for the former Yugoslavia and used in resolutions of the UN Security Council and the General Assembly.
Ethnic cleansing has been defined by a UN Commission of experts as ‘rendering an area ethnically homogeneous by using force or intimidation to remove persons of given groups from an area.’ It is ‘a purposeful policy designed by one ethnic or religious group to remove by violent and terror-inspiring means the civilian population of another ethnic or religious group from certain geographic areas.’
Coercive practices to remove the civilian population include:
- murder
- torture
- arbitrary arrest and detention
- extrajudicial executions
- rape and sexual assaults
- severe physical injury to civilians
- confinement of civilian population in ghetto areas
- forcible removal
- displacement and deportation of civilian population
- deliberate military attacks or threats of attacks on civilians and civilian areas
- use of civilians as human shields
- destruction of property
- robbery of personal property
- attacks on hospitals, medical personal and locations with the Red Cross/Red Crescent emblem, among others
While ethnic cleansing has not been recognised as an independent crime under international law, forcible transfer is strictly prohibited under Article 49 of the Fourth Geneva Convention and is recognised as a grave breach that can be prosecuted as an international crime. The coercive practices listed above constitute crimes against humanity. These acts can be assimilated to specific war crimes and can also fall within the meaning of the Genocide Convention.
The facts do not agree with Israeli claims that the ethnic cleansing that occurred during the 1948 Nakba arose due to war conditions. In fact, over 220 villages were terrorized into fleeing before the war even began due to strategic Israeli massacres and terror campaigns in villages. 1