1. 1. The transfer by the Occupying Power of parts of it’s own civilian population into the territory it occupies
1.1. 2. “...” or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory
1.1.1. 3. The establishment of settlers in an occupied territory and changes to the demographic composition of an occupied territory “...”
2. Genova convention III requires certain categories of civilians are ti be accorded Prisoners of war status
3. Israel has not ratified the Additional Protocol while Palestine rarified in 2014
3.1. It included a prohibition of the transfer of civilians
4. 3 new options in the negotiations of the Rome Statute
5. Israel transferred civilians into occupies territory
5.1. It became a war crime
5.1.1. The Rome Statute said that: “the transfer,directly or indirectly, by the Occupying Power of Parts of it’s own civilian population into territory it occupies.”
5.1.1.1. The Fourth Geneva Convention said: “states may not deport or transfer parta of their own civilian population into a territory they occupy”
5.1.1.1.1. This convention was a norm of customary international law applicable in international armed conflicts
5.2. With the Rome Statute and the Fourth Geneva Convention, a war crime was made.
5.2.1. A war crime refers to the activity of the state
5.2.1.1. This war crime was related to the crime against humanity of the Second World War
5.3. The international community wanted to condemn the transfer of Israel civilians into occupied territory as criminal activity
6. There was a lacking of significant precedence guidance on the war crime
6.1. The reporto of the Human Rights Council of 2013 said that Israeli settlement activities constitute war crimes under the Rome Statute
6.2. The only jurisprudence relevant to the prohibition of transfer of civilians was the condemnation by post-Second World War tribunals
7. The elements of crime were adopted in 2002
7.1. 1. The perpetrator transferred directly or indirectly, parts of its own population into the territory it occupies
7.1.1. The conduct took place in the context of an international armed conflict
7.1.1.1. The perpetrator was aware of the existence of an armed conflict
7.1.2. The term “transfer” needs to be interpreted in accordance with the relevant provisions of international humanitarian law