The Internally Displaced Person In International Law
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The Internally Displaced Person in International Law by Romola Adeola Pdf
While the plight of persons displaced within the borders of states has emerged as a global concern, not much attention has been given to this specific category of persons in international legal scholarship. Unlike refugees, internally displaced persons remain within the states in which they are displaced. Current statistics indicate that there are more people displaced within state borders than persons displaced outside states. Romola Adeola examines the protection of the internally displaced person under international law, considering existing legal regimes at various levels of governance and institutional mechanisms for internally displaced persons.
Internally Displaced Persons and International Refugee Law by Bríd Ní Ghráinne Pdf
Internally Displaced Persons (IDPs) are persons who have been forced to leave their places of residence as a result of armed conflict, violence, human rights violations, or natural or human-made disasters, but who have not crossed an international border. There are about 55 million IDPs in the world today, outnumbering refugees by roughly 2:1. Although IDPs and refugees have similar wants, needs and fears, IDPs have traditionally been seen as a domestic issue, and the international legal and institutional framework of IDP protection is still in its relative infancy. This book explores to what extent the protection of IDPs complements or conflicts with international refugee law. Three questions form the core of the book's analysis: What is the legal and normative relationship between IDPs and refugees? To what extent is an individual's real risk of internal displacement in their country of origin relevant to the qualification and cessation of refugee status? And to what extent is the availability of IDP protection measures an alternative to asylum? It argues that the IDP protection framework does not, as a matter of law, undermine refugee protection. The availability of protection within a country of origin cannot be a substitute for granting refugee status unless it constitutes effective protection from persecution and there is no real risk of refoulement. The book concludes by identifying current and future challenges in the relationship between IDPs and refugees, illustrating the overall impact and importance of the findings of the research, and setting out questions for future research.
Returns of Internally Displaced Persons during Armed Conflict by David James Cantor Pdf
This book presents a detailed study of the return of conflict-afffected internally displaced persons (IDPs) under international law. Part I of the book undertakes a wide-ranging analysis of the scope of protection under existing international law for IDP returns. Part II addresses the implementation of the international framework in practice through a case study of the national law, policy and practice of IDP returns during the most intense ten years of the armed conflict in Colombia. Part III, the conclusion, draws together these diffferent strands of analysis.
Internally Displaced Persons and International Refugee Law by Bríd Ní Ghráinne Pdf
Internally Displaced Persons (IDPs) are persons who have been forced to leave their places of residence as a result of armed conflict, violence, human rights violations, or natural or human-made disasters, but who have not crossed an international border. There are about 55 million IDPs in the world today, outnumbering refugees by roughly 2:1. Although IDPs and refugees have similar wants, needs and fears, IDPs have traditionally been seen as a domestic issue, and the international legal and institutional framework of IDP protection is still in its relative infancy. This book explores to what extent the protection of IDPs complements or conflicts with international refugee law. Three questions form the core of the book's analysis: What is the legal and normative relationship between IDPs and refugees? To what extent is an individual's real risk of internal displacement in their country of origin relevant to the qualification and cessation of refugee status? And to what extent is the availability of IDP protection measures an alternative to asylum? It argues that the IDP protection framework does not, as a matter of law, undermine refugee protection. The availability of protection within a country of origin cannot be a substitute for granting refugee status unless it constitutes effective protection from persecution and there is no real risk of refoulement. The book concludes by identifying current and future challenges in the relationship between IDPs and refugees, illustrating the overall impact and importance of the findings of the research, and setting out questions for future research.
Internal Displacement and the Law by Walter Kälin Pdf
The world faces more than 60 million people displaced by armed conflict and disasters as of 2022. Climate change is set to trigger large-scale displacement in the future. Internal Displacement and the Law discusses to what extent the present law can contribute to preventing, responding to, and resolving internal displacement and protecting the rights of these internally displaced persons (IDPs). It also identifies its weaknesses and examines ways to improve action. The book's analysis reflects the realities of internal displacement and the challenges faced by displaced individuals and communities, their hosts, governments, and international actors. Assessing the UN Guiding Principles on Internal Displacement and the Kampala Convention on the Protection and Assistance of Internally Displaced Persons in Africa, this enlightening volume investigates the relevance of international human rights and humanitarian law to the problem of displacement with an eye toward durable solutions. In line with its human rights approach, this work promotes a narrative that, based on the concept of sovereignty as responsibility, emphasizes the primary responsibility of states to address the needs of IDPs and views them as citizens with rights and agency rather than as vulnerable beneficiaries of humanitarian action. The author concludes that the body of relevant law amounts to an emerging legal regime on internal displacement whose substantive norms are largely adequate, but which faces specific institutional challenges at domestic and international levels that weaken efforts to address the plight of IDPs.
The world faces more than 60 million people displaced by armed conflict and disasters as of 2022. Climate change is set to trigger large-scale displacement in the future. Internal Displacement and the Law discusses to what extent the present law can contribute to preventing, responding to, and resolving internal displacement and protecting the rights of these internally displaced persons (IDPs). It also identifies its weaknesses and examines ways to improve action. The book's analysis reflects the realities of internal displacement and the challenges faced by displaced individuals and communities, their hosts, governments, and international actors. Assessing the UN Guiding Principles on Internal Displacement and the Kampala Convention on the Protection and Assistance of Internally Displaced Persons in Africa, this enlightening volume investigates the relevance of international human rights and humanitarian law to the problem of displacement with an eye toward durable solutions. In line with its human rights approach, this work promotes a narrative that, based on the concept of sovereignty as responsibility, emphasizes the primary responsibility of states to address the needs of IDPs and views them as citizens with rights and agency rather than as vulnerable beneficiaries of humanitarian action. The author concludes that the body of relevant law amounts to an emerging legal regime on internal displacement whose substantive norms are largely adequate, but which faces specific institutional challenges at domestic and international levels that weaken efforts to address the plight of IDPs.
The International Protection of Internally Displaced Persons by Catherine Phuong Pdf
Despite the fact that there are up to 25 million internally displaced persons around the world, their plight is still little known. Like refugees, internally displaced persons have been forced to leave their homes because of war and human rights abuses, but they have not left their country. This has major consequences in terms of the protection available to them. This 2005 book aims to offer a clear and easily accessible overview of this important humanitarian and human rights challenge. In contrast with other books on the topic, it provides an objective evaluation of UN efforts to protect the internally displaced. It will be of interest to all those involved with the internally displaced, as well as anyone seeking to gain an overall understanding of this complex issue.
The Refugee in International Law by Guy S. Goodwin-Gill,Jane McAdam Pdf
The situation of refugees is one of the most pressing and urgent problems facing the international community and refugee law has grown in recent years to a subject of global importance. In this long-awaited third edition each chapter has been thoroughly revised and updated and every issue, old and new, has received fresh analysis.
Armed Conflict and Forcible Displacement by Elena Katselli Proukaki Pdf
This book addresses the involuntary and arbitrary displacement of individuals resulting from armed conflict and gross human rights violations. It shows that forcible displacement constitutes a serious violation of international law and of fundamental community interests. Armed Conflict and Forcible Displacement provides a critical legal analysis of the contemporary international framework, permeating forcible displacement in these circumstances and explores the rights that individuals possess with specific focus on the right not to be displaced and, where this fails, the right to return home and to receive property restitution. In doing so, this volume marries together different fields of international law and builds on the case studies of Cyprus, Colombia, Cambodia and Syria. While the case studies considered here are far from exhaustive, they are either little explored or present significant challenges due to the magnitude of displacement or contested international jurisprudence. Through this analysis, the volume exposes some of the legal challenges that individuals encounter in being protected from forcible displacement, as well as the legal obstacles that persist in ensuring the return of and the recovery of property by the displaced. It will be of interest to those interested in the fields of international law, human rights law, as well as conflict and war studies.
Internally Displaced Persons and International Refugee Law by Bríd Ní Ghráinne Pdf
Internally Displaced Persons (IDPs) are persons who have been forced to leave their places of residence due to armed conflict, human rights violations, and natural or man-made disasters, but who have not crossed an international border. This book explores to what extent the protection of IDPs complements or conflicts with international refugee law.
Internal Displacement Law and Policy by Gouda Bushra Ali Gouda Pdf
Internal displacement is one of the tragic challenges the international community has encountered since the early 1980s. Every day 10,000 persons are forced to flee their homes primarily because of internal armed conflicts. It is believed that one in every 130 persons in the world is forced into flight resulting both in internal and external displacement. They indeed suffer massive human rights violations and persecutions. Regrettably, the international community has not yet developed an adequate international legal framework to address this gut-wrenching phenomenon. This book comprehensively articulates the law applicable to the problem of internal displacement and provides a thorough analysis of the legal norms applicable to this problem. Examination of the law, policy and jurisprudence applicable to this problem is the focal point of this book. The book basically integrates the human rights law as applied to internally displaced persons with humanitarian law and the international system of protection norms from other areas of international law. The development of this law nationally is also discussed in this book; model of laws that have been enacted to deal with this problem are included, as well as stimulating intellectual discussion about jurisprudential issues relating to this law. The book also addresses ways to proceed forward with the law of internal displacement. About the author: Gouda Bushra Ali Gouda is a Doctor of International Legal Studies with special emphasis on Public International Law, Human Rights law, Intellectual Property and International politics. He obtained his first law degree from Khartoum University, Sudan, and then obtained a LL.M degree from Indiana University, Indianapolis, and SJD in International Legal Studies from Golden Gate University, San Francisco, California with distinction for his research in the subject of Internal Displacement. He currently works on various research projects including other areas of International Law; namely International Intellectual Property and Law and Democracy in Africa.
Research Handbook on International Law and Migration by Vincent Chetail,Céline Bauloz Pdf
Migration is a complex and multifaceted issue, and the current legal framework suffers from considerable ambiguity and lack of cohesive focus. This Handbook offers a comprehensive take on the intersection of law and migration studies and provides strat
Masses in Flight by Roberta Cohen,Francis M. Deng Pdf
Since the end of the Cold War, increasing numbers of people have been forced to leave their homes as a result of armed conflict, internal strife, and systematic violations of human rights. Whereas refugees crossing national borders benefit from an established system of international protection and assistance, those who are displaced internally suffer from an absence of legal or institutional bases for their protection and assistance from the international community. This book analyzes the causes and consequences of displacement, including its devastating impact both within and beyond the borders of affected countries. It sets forth strategies for preventing displacement, a special legal framework tailored to the needs of the displaced, more effective institutional arrangements at the national, regional, and international levels, and increased capacities to address the protection, human rights, and reintegration and development needs of the displaced.
The number of internally displaced people far outnumbers estimated refugees who have fled their countries. The majority of displaced populations survive with very little security or legal protection. Responding to the needs of internally displaced people is one of the greatest humanitarian challenges of our time.;Revised and updated from the first edition, this volume includes information on internal displacement in 47 different countries across the globe - that is to say all countries experiencing conflict-induced displacement at the time of publication. There is discussion of the causes of displacement, patterns of flight, protection concerns and international response.
