III. Non-application of the functional beginning theory risks a gap in protection

1. Deportations, transfers, evacuations - Article 49 of the Fourth Geneva Convention The first paragraph of Article 49 of the Fourth Geneva Convention is of the utmost importance and the principle it expresses is repeated, or implied, in other provisions of the Convention. Moreover, the prohibition of forced transfers or deportations has become part of customary international law. The first paragraph of Article 49 of the Fourth Geneva Convention outlaws forcible transfers and deportations fro..