In 1992, in reference to the hostilities in Yugoslavia, the UN General Assembly declared ethnic cleansing to be "a form of genocide," and in the following year the Security Council, citing widespread and flagrant violations of international humanitarian law within the territory of the former Yugoslavia, established a tribunal to investigate allegations of war crimes and crimes against humanity, including ethnic cleansing. In its examination of the capture of the town of Kozarac by Bosnian Serbs, the ICTY described the ethnic cleansing that took place there as the process of rounding up and driving "out of the area on foot the entire non-Serb population." In a subsequent case, the tribunal recognized similarities between acts of genocide and ethnic cleansing, noting that both involve the targeting of individuals because of their membership in an ethnic group. The significant difference between the two remains, however: whereas ethnic cleansing aims to force the flight of a particular group, genocide targets the group for physical destruction.
The establishment of the ICC reinforced the links between ethnic cleansing and other offenses such as genocide, crimes against humanity, and war crimes. In its finalized text on the elements of the crimes in the court's jurisdiction, the Preparatory Commission for the International Criminal Court made clear that ethnic cleansing could constitute all three offenses within the ICC's jurisdiction. Genocide, for example, was defined as an act that may include the systematic expulsion of individuals from their homes; the threat of force or coercion to effect the transfer of a targeted group of persons was recognized as an element of crimes against humanity; and the "unlawful deportation and transfer," as well as the displacement, of civilians were recognized as elements of war crimes.