Palestinian Refugees in International Law

2020 ◽  
Author(s):  
Albanese Francesca P ◽  
Takkenberg Lex
Keyword(s):  
International Law ◽  
The State ◽  
International Criminal Law ◽  
Humanitarian Law ◽  
International Protection ◽  
Internally Displaced ◽  
Palestinian Refugees ◽  
Refugee Law ◽  
Durable Solutions ◽  
Second World

The Palestinian refugee question, resulting from the events surrounding the creation of the state of Israel seventy years ago, remains one of the largest and most protracted refugee crises of the post-Second World War era. Numbering over six million in the Middle East alone, Palestinian refugees’ status and treatment varies considerably according to the state or territory ‘hosting’ them, the UN agency assisting them, and political circumstances surrounding the Israeli–Palestinian conflict these refugees are naturally associated with. Despite being foundational to both the experience of the Palestinian refugees and the resolution of their plight, international law has not been a decisive factor in discussions concerning their fate. This compelling new edition offers a clear and comprehensive analysis of various areas of international law (including refugee law, human rights law, humanitarian law, the law relating to stateless persons, principles related to internally displaced persons, as well as notions of international criminal law), and probes the relevance of their interplay to the provision of international protection for Palestinian refugees and their quest for durable solutions.

Part V The Scope of Refugee Protection, Ch.47 Internal Displacement

2021 ◽  
Author(s):  
Kälin Walter
Keyword(s):  
Social Science ◽  
Internal Displacement ◽  
Soft Law ◽  
International Protection ◽  
Internally Displaced ◽  
Refugee Protection ◽  
Refugee Law ◽  
Law And Policy ◽  
Durable Solutions ◽  
Degree Of Convergence

This chapter discusses the protection of internally displaced persons (IDPs), who are all too often neglected, not only by their governments, but also by the international community. The experiences of refugees and IDPs have much in common. Thus, it is not surprising that social science approaches tend to lump refugees and IDPs together under the notion of ‘forced displacement’. By contrast, the chapter argues that refugee law and the law related to internal displacement are conceptually fundamentally different because IDPs remain citizens or habitual residents of their countries, and thus depend on the national protection of their governments, while refugees as foreigners are in need of international protection. Discussing the protection of IDPs from a comparative perspective, it analyses the Guiding Principles on Internal Displacement and their impact as a soft law instrument, as well as the legally binding Kampala Convention. Ultimately, IDP-related approaches to durable solutions can help to inform refugee law and policy, and there is already a degree of convergence between the two areas.

scholarly journals Critique of the International Legal Regime Applicable to Terrorism

2016 ◽  
Vol 2 (1) ◽  
pp. 21-36
Author(s):  
Nabil Mokaya Orina
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Critical Analysis ◽  
International Criminal ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Regime ◽  
Public International Law ◽  
Refugee Law

Terrorism is a global phenomenon that permeates state borders and predominantly causes immeasurable suffering to civilians. The need for international cooperation and concerted efforts in combating terrorism cannot be gainsaid. Already, sectoral instruments have been passed to regulate certain aspects of terrorism. However, without a single terrorism specific instrument, acts of terrorism generally classified will fall under spheres of international law which include; public international law, international criminal law, international humanitarian law, human rights and refugee law. This paper makes a critical analysis of these spheres of international law and how they apply to states’ counter-terrorism efforts.

Why the Prohibition of Enforced Disappearance Has Attained Jus Cogens Status in International Law

2012 ◽  
Vol 81 (4) ◽  
pp. 537-584 ◽  
Author(s):  
Jeremy Sarkin
Keyword(s):  
International Law ◽  
International Criminal ◽  
Legal Framework ◽  
Criminal Court ◽  
International Criminal Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
International Convention ◽  
Historical Developments ◽  
Jus Cogens

This article examines the question whether jus cogens includes the prohibition of enforced disappearances, and why this is important. It surveys the meaning, context, development, status and position of jus cogens as well as enforced disappearance in international law, including their relationship to each other. It surveys the status of enforced disappearance in international law in general, as well as in international human rights law, international humanitarian law and international criminal law. The article scans the historical developments of international law, including developments over the last few decades, to indicate that the prohibition against enforced disappearance has attained jus cogens status. The legal framework is examined, including the jurisprudence that has emanated from a variety of sources. Specific treaties that deal with enforced disappearance are reviewed including the Declaration on the Protection of All Persons from Enforced Disappearance, the Inter-American Convention on Forced Disappearance of Persons, the Rome Statute of the International Criminal Court (ICC) and the International Convention for the Protection of All Persons from Enforced Disappearance (ICED). What jus cogens is, what the controversies are that surround it, the different ways that it is understood within different schools of thought, and how these issues impact on whether the prohibition of enforced disappearance has attained jus cogens status are studied. The historical developments around enforced disappearances are examined in some detail to determine what its status is, particularly in relation to state practice, so as to determine whether it is jus cogens.

scholarly journals [BOOK REVIEW] Refugees, Regionalism, and Responsibility

2019 ◽  
Vol 06 (03) ◽  
pp. 638-642
Author(s):  
Jenica Alva
Keyword(s):  
International Law ◽  
International Politics ◽  
Law School ◽  
Simple Manner ◽  
Refugee Protection ◽  
Refugee Law ◽  
Innovative Idea ◽  
Durable Solutions

Penelope Mathew is a Professor of International Law and a Dean in Griffith Law School, Australia. She is a profound researcher in refugee law topics. She is admired for her innovative idea to promote regionalism as a tool for governments to leverage better protection for refugees. Studying an underexplored topic, Mathew is able to synthesize the complexity of regionalism in a simple manner to be understood easily by readers. The book is divided into two parts. The first part consists of three sub-parts: (1) regionalism position in international politics and refugee law; (2) philosophical and ethical reasons of states’ responsibility in the case of refugees; and (3) steps and actions for states to share responsibility in handling refugees. The second part looks at the regional arrangements for the protection of refugees in some detail, whether they have resulted in better refugee protection and durable solutions.

Building a Case against the War Criminals

2017 ◽  
Author(s):  
Dean Aszkielowicz
Keyword(s):  
International Law ◽  
War Crimes ◽  
International Agreements ◽  
Second World War ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
World War ◽  
War Criminals ◽  
Post War ◽  
Second World

Long before the Second World War ended, the Allies were planning to prosecute Axis war criminals, including both those in positions of leadership and the perpetrators of individual crimes. There was no standing war crimes court at the end of the Second World War, however, and the post-war trials were a watershed in international law. For the trials at Nuremberg and Tokyo, Allied planners drew on the development of international humanitarian law and international agreements signed by the combatants over the decades preceding the war. The vast majority of war criminals who were prosecuted did not face the court at Nuremberg or Tokyo: they appeared before national military tribunals which were conducted according to each prosecuting country’s war crimes law. The Australian War Crimes Act passed through the parliament in October 1945, shortly before trials began.

26. International Refugee and Migration Law

2018 ◽  
Author(s):  
Geoff Gilbert ◽  
Anna Magdalena Rüsch
Keyword(s):  
International Law ◽  
International Human Rights Law ◽  
Refugee Status ◽  
Internally Displaced ◽  
Durable Solutions ◽  
Local Integration ◽  
The Difference ◽  
And Migration ◽  
Definition Of ◽  
International Border

This chapter explores the definition of refugee status in international law, its scope and limitations and consequent protection gaps for those forcibly displaced, including internally displaced persons (IDPs), who have crossed no international border. There is no equivalent definition for migrants, but like refugees, asylum-seekers, and IDPs, international human rights law provides a framework for their protection. The chapter explains the difference between refugee status and asylum, focusing on non-refoulement in international law. It discusses the rights that are guaranteed during displacement, particularly those pertaining to detention and humanitarian relief. Given that refugee status is intended to be temporary, the final section looks at cessation and durable solutions, either following voluntary return, through local integration, or resettlement in some third State.

Fundamental Standards of Humanity: What Future?

2002 ◽  
Vol 20 (2) ◽  
pp. 185-199 ◽  
Author(s):  
Jean-Daniel Vigny ◽  
Cecilia Thompson
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
Effective Implementation ◽  
Refugee Law ◽  
International Human ◽  
International Instruments

This article focusses on the issue of fundamental standards of humanity, a set of principles to reflect both international human rights and humanitarian law, as a means to address the insufficient protection of persons in situations of internal violence. Such fundamental standards of humanity, applicable at all times, in all circumstances and to all parties, are necessary to address four areas: 1) States are not party to international instruments; 2) human rights obligations are derogated from; 3) international humanitarian law is not applicable or is so but is not applied; and 4) non-State actors may not be bound by obligations under international law. The article provides an overview of the steps taken by the international community to address the issue, discusses the sources of international human rights law, humanitarian law and refugee law from which fundamental standards of humanity could be drawn, and suggests further steps to be taken. The authors are convinced that fundamental standards of humanity would serve as an educational tool to enhance effective implementation of relevant international law.

scholarly journals The liminality of Palestinian refugees: betwixt and between global politics and international law

2019 ◽  
Vol 56 (1) ◽  
pp. 84-99 ◽  
Author(s):  
Victoria Mason
Keyword(s):  
International Law ◽  
Global Politics ◽  
Modern History ◽  
Hegemonic Discourse ◽  
Palestinian Refugees ◽  
Refugee Law ◽  
Basic Rights ◽  
High Commissioner ◽  
Political Negotiation

Numbering over 5 million people, Palestinians comprise one of the longest-standing refugee populations in modern history. This article argues that the ongoing dispossession of Palestinian refugees is the result of the liminality they have been accorded within international law and global politics. This liminality includes Palestinians being the only refugee cohort not explicitly protected by the UN High Commissioner for Refugees (UNHCR) mandate; and their right to return to their homeland – one of the most widely recognised basic rights under refugee law – occluded and reframed as a matter for political negotiation with Israel. The liminality of Palestinian refugees, this article demonstrates, results from the dominant narrative concerning the displacement of Palestinians from their homeland in 1947–8; the role this narrative plays in the hegemonic discourse shaping Israeli-Palestinian relations more widely; and how this narrative and wider discourse are mutually reproducing, resulting in significant intergenerational injustice for Palestinian refugees.

Sources of International Humanitarian Law and International Criminal Law

2018 ◽  
Author(s):  
Raphaël van Steenberghe
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Armed Groups ◽  
The Impact

This chapter analyses the specific features which characterize the sources of international humanitarian law (IHL) and international criminal law (ICL). It first examines those which are claimed to characterize IHL and ICL sources in relation to the secondary norms regulating the classical sources of international law. The chapter then looks at the specific features of some IHL and ICL sources in relation to the others of the same field. Attention is given particularly to the Rome Statute of the International Criminal Court and the impact of its features on other ICL sources, as well as to the commitments made by armed groups, whose characteristics make them difficult to classify under any of the classical sources of international law. In general, this chapter shows how all those specific features derive from the specific fundamental principles and evolving concerns of these two fields of international law.

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