Editing Ethnic cleansing (section)

=== As a crime under international law ===
There is no international treaty that specifies a specific crime of ethnic cleansing;<ref>{{cite journal |first=Ward |last=Ferdinandusse |url=http://www.ejil.org/journal/Vol15/No5/9.pdf |title=The Interaction of National and International Approaches in the Repression of International Crimes |archive-url=https://web.archive.org/web/20080705180121/http://www.ejil.org/journal/Vol15/No5/9.pdf |archive-date=July 5, 2008 |journal=The European Journal of International Law |volume=15 |number=5 |year=2004 |page=1042, note 7|doi=10.1093/ejil/15.5.1041 |doi-access=free }}</ref> 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 the [[International Criminal Court]] (ICC) and the [[International Criminal Tribunal for the Former Yugoslavia]] (ICTY).<ref>[https://www.un.org/law/icc/statute/99_corr/2.htm "Rome Statute of the International Criminal Court"] {{webarchive|url=https://web.archive.org/web/20080113100723/http://www.un.org/law/icc/statute/99_corr/2.htm |date=January 13, 2008 }}, Article 7; [https://www.un.org/icty/legaldoc-e/index.htm ''Updated Statute of the International Criminal Tribunal for the Former Yugoslavia''] {{Webarchive|url=https://web.archive.org/web/20090806141633/http://www.un.org/icty/legaldoc-e/index.htm |date=August 6, 2009 }}, Article 5.</ref> The gross human rights violations integral to stricter definitions of ethnic cleansing are treated as separate crimes falling under public international law of [[crimes against humanity]] and in certain circumstances [[genocide]].<ref>{{cite journal |first1=Daphna |last1=Shraga |first2=Ralph |last2=Zacklin |url=http://www.ejil.org/journal/Vol5/No3/art4-01.html |title=The International Criminal Tribunal for the Former Yugoslavia |archive-url=https://web.archive.org/web/20070927233818/http://www.ejil.org/journal/Vol5/No3/art4-01.html |archive-date=September 27, 2007 |journal=The European Journal of International Law |volume=15 |number=3 |year=2004}}</ref> There are also 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]]''<!-- a person, not a court case --> argues that similar ethnic cleansing could go unpunished in the future.<ref>[http://law.bepress.com/cgi/viewcontent.cgi?article=4600&context=expresso Timothy V. Waters, "On the Legal Construction of Ethnic Cleansing"] {{Webarchive|url=https://web.archive.org/web/20181106100246/http://law.bepress.com/cgi/viewcontent.cgi?article=4600&context=expresso |date=November 6, 2018 }}, Paper 951, 2006, [[University of Mississippi]] School of Law. Retrieved on 2006, 12–13</ref>
<!-- The emergence of ethnic cleansing as a distinct category of war crime has been a somewhat complex process. Each individual element of a programme of ethnic cleansing could be considered as an individual violation of humanitarian law—a killing here, a house-burning there—thus missing the systematic way in which such violations were perpetrated with a single aim in mind. International courts consider individual incidents in the light of a possible pattern of ethnic cleansing. In the Yugoslav case, the ICTY considers the widespread massacres and abuses of human rights in Bosnia and Kosovo as part of an overall "[[joint criminal enterprise]]" to carve out ethnically pure states in the region; however, many alleged "ethnic cleansings" in the past do not fit the modern definition of "crimes against humanity"; the post-World War II [[German expulsions]] were sanctioned by the international agreement at [[Potsdam conference]], requiring that the actions proceed humanely. -->