Responding to Forced Displacement as a Mass Atrocity Crime

2016 ◽  
Author(s):  
Phil Orchard
Keyword(s):  
Use Of Force ◽  
Humanitarian Assistance ◽  
Internal Displacement ◽  
Internally Displaced ◽  
International Crimes ◽  
International Response ◽  
Mass Atrocity ◽  
State Consent ◽  
Internally Displaced Person ◽  
Atrocity Crimes

The protection of forced migrants and the R2P doctrine are inexorably linked. Refugee and internally displaced person forced movements can be triggered directly through mass atrocity crimes, indirectly as people flee mass atrocities, and even by the international use of force triggered by R2P responses. A range of causes of displacement are international crimes and fall within the R2P. However, the international response to internal displacement situations, in particular, tends to highlight legal and humanitarian based forms of protection and assistance, necessarily limited by the issue of sovereignty and state consent. These provide little direct protection in mass atrocity situations. R2P offers a path around the issue of sovereignty not only through the use of force but also by redefining how humanitarian assistance is provided, as demonstrated by Syria.

Regionalizing Protection: au and asean Responses to Mass Atrocity Crimes against Internally Displaced Persons

2016 ◽  
Vol 8 (2-3) ◽  
pp. 295-326 ◽  
Author(s):  
Phil Orchard
Keyword(s):  
Human Rights ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Robust Implementation ◽  
Mass Atrocity ◽  
Guiding Principles ◽  
Enforcement Mechanisms ◽  
Atrocity Crimes

Forcible displacement can constitute a mass atrocity crime. This is something that is considered within the non-binding Guiding Principles on Internal Displacement. Efforts to implement the Guiding Principles at the regional level suggest one path to implement stronger legal protections for internally displaced persons (idps), in particular, against mass atrocity crimes. These regional processes, however, can vary in remarkable ways. In the African Union, the Kampala Convention has brought the Guiding Principles and protections against mass atrocity crimes directed at idps into regional hard law; it also includes robust implementation and enforcement mechanisms. At this stage, however, these mechanisms remain anticipatory rather than effective; consequently international assistance will be vital to entrench the rights anchored in the Convention. By contrast, asean has introduced no overt protections for idps. However, its developing legal human rights framework through the asean Declaration of Human Rights, coupled with the Association’s response to the Rohingya idp crisis in Myanmar, suggests that a policy-focused change, while incremental, may be happening.

scholarly journals Human Trafficking and Displacement in South Asia: An Econometric Analysis

2017 ◽  
Vol 65 (1) ◽  
pp. 73-76
Author(s):  
Tanjina Rahman ◽  
Md Israt Rayhan ◽  
Nayeem Sultana
Keyword(s):  
Regression Model ◽  
South Asia ◽  
Human Trafficking ◽  
Internal Displacement ◽  
Probit Regression ◽  
Safety Nets ◽  
Internally Displaced ◽  
Internally Displaced Person ◽  
Social Safety Nets ◽  
The Relationship

Human trafficking has received increased media and national attention. Despite concerted efforts to combat human trafficking, the trade in persons persists and in fact continues to grow. This paper describes the relationship and distinction between trafficking and ethnic fragmentation, conflict, internally displaced person by different measures of control. To explain the relationship between these factors, this study uses a Probit regression model. It appears that ethnic conflict leads the internal displacement of individuals from networks of family and community, and their access to economic and social safety nets. Dhaka Univ. J. Sci. 65(1): 73-76, 2017 (January)

scholarly journals Sovereignty, Internal Displacement And Right Of Intervention: Perspectives From The African Union’s Constitutive Act And The Convention For The Protection And Assistance Of Internally Displaced Persons

2016 ◽  
Author(s):  
Shedrack Ekpa ◽  
Nuarrual Hilal Md Dahlan
Keyword(s):  
United Nations ◽  
Humanitarian Assistance ◽  
State Violence ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Human Rights Protection ◽  
The United Nations ◽  
The Right

The end of the cold war and the beginning of the new millennium brought with it a new phase in state relations in Africa as more persons became forcefully uprooted from their homes and their rights violated with impunity due to intractable internal conflicts amidst the Westphalian notion of sovereignty which frowns at interference in the internal affairs of any state which was the fulcrum upon which the United Nations (UN) and Organization of African Unity (OAU) was founded. This new awakening has increasingly made perception of sovereignty to be people oriented. In the case of the Africa which is the crux of this paper, the eventual change from OAU to AU was significant as the coming into force of African Union’s Constitutive Act and the Convention for the Protection and Assistance of Internally Displaced Persons climaxed major twist in the Africa’s perception of sovereignty and the right of intervention in relation to internally displaced persons (IDPs) within the continent. This article examines briefly the historical evolution of the concept of sovereignty and the right of intervention and their implications in the African context, and being conceptual and doctrinal in approach it analyses the context and legality of the African Union’s right of intervention arising from the regional treaties vis-à-vis the United Nations Charter with a view to vindicating the much celebrated ‘decisive break from the past’. It concludes that African Union’s current stance represents a bold and grandiose expression that is sincerely tailored towards ensuring effective human rights protection and humanitarian assistance for over 13 million internally displaced persons (IDPs) in Africa. Finally, the article contributes significantly to the scholarly debates surrounding right of intervention in relation to internal displacement as its resolution will in one or the other helps government and other stakeholders in their quest to curtail the scourge of intra and inter-state violence in Africa. Keywords: African Union, Sovereignty, Intervention, Internally Displaced Persons, State Responsibility

A Belated Awakening: National and International Responses to the Internal Displacement of Kurds in Turkey

2005 ◽  
Vol 32 ◽  
pp. 5-42 ◽  
Author(s):  
Bilgin Ayata ◽  
Deniz Yükseker
Keyword(s):  
International Law ◽  
International Organizations ◽  
Forced Migration ◽  
Humanitarian Assistance ◽  
Border Crossing ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Internally Displaced ◽  
The Past ◽  
Donor States

Internal displacement has replaced the flows of border-crossing refugees as the major form of forced migration across the world in the past two decades. International organizations seek to have a central role in providing assistance to internally displaced persons (IDPs) although this phenomenon comes under the traditional realm of state sovereignty, in contrast to the refugee regime, which is part of international law. The evolving international IDP regime has triggered policy and scholarly debates about various aspects of state responsibility and international assistance. On one hand, when states fail to provide protection to the displaced, the decision to take international action is often selective and depends to a large extent on the balance of geopolitical interests of powerful donor states. On the other hand, extant international humanitarian assistance practices also face criticism for having created new modes of power over displaced groups.

Three rationalities for making sense of internal displacement in Ukraine

2020 ◽  
Author(s):  
Greta Lynn Uehling
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Forced Migration ◽  
Internal Displacement ◽  
Territorial Disputes ◽  
Internally Displaced ◽  
Ethnographic Fieldwork ◽  
Making Sense ◽  
Internally Displaced Person ◽  
Forced Migrants

Abstract The territorial disputes between Russian Federation and Ukraine over Crimea and Donbas have led to the forcible internal displacement of at least 1.6 million people. While Although the literature on forced migration and internal displacement have been framed predominantly in terms of trauma and disenfranchisement (IOM 2018; Dunn 2018), this article argues that a fuller range of Internally Displaced Person (IDP) subjectivities can be made intelligible by considering the rationalities organizing IDP survival. Based on a comparative analysis of 155 interviews with IDPs from Crimea and Donbas, the article demonstrates that forced displacement is more heterogenous than has previously been allowed. I theorize this diversity by using analytics of governmentality to examine the logics or ‘rationalities’ used to make sense of forced migration. The conceptual tools offered by studies of governmentality are ideal for this case because they overlap with themes that predominated in data collected during ethnographic fieldwork in Ukraine between 2015 and 2017: agency, responsibility, and freedom. The article contributes a framework for comparing IDP subjectivities that encompasses diversity and provides a new vocabulary for describing the strategic efforts forced migrants exert to mend their lives.

scholarly journals R2P Sidelined: The International Response to China’s Repression of Muslim Minorities in Xinjiang

2021 ◽  
Vol 13 (1) ◽  
pp. 29-32
Author(s):  
Rosemary Foot
Keyword(s):  
Human Rights ◽  
Responsibility To Protect ◽  
Chinese Government ◽  
Human Rights Abuses ◽  
Normative Power ◽  
International Response ◽  
Mass Atrocity ◽  
Wide Scale ◽  
Atrocity Crimes ◽  
Muslim Minorities

Abstract There has been a lack of recourse to the language of ‘The Responsibility to Protect’ (R2P) in respect of reports that the Chinese government is perpetrating mass atrocity crimes against the Muslim minorities that reside in Xinjiang. What does this suggest about the overall normative power of R2P, and is the neglect of R2P reflective of a more general weakening in provisions designed to deal with wide-scale human rights abuses?

Myanmar, the Responsibility to Protect, and the Need for Practical Assistance

2009 ◽  
Vol 1 (2) ◽  
pp. 156-184 ◽  
Author(s):  
Jürgen Haacke
Keyword(s):  
Ethnic Conflict ◽  
Humanitarian Assistance ◽  
Responsibility To Protect ◽  
Humanitarian Relief ◽  
Rhetorical Device ◽  
International Response ◽  
Independent Verification ◽  
The Face ◽  
Atrocity Crimes ◽  
Cyclone Nargis

AbstractThis paper is concerned with the invocation of the responsibility to protect (RtoP) in the face of the Myanmar authorities' problematic response to Cyclone Nargis. It is animated by four main questions: (1) What were the dynamics leading to calls for the application of the responsibility to protect? (2) In what ways did the invocation of the RtoP affect the provision of humanitarian assistance to cyclone survivors? (3) How has the international response to Cyclone Nargis compared to the way in which Western powers in particular have responded to Myanmar's armed ethnic conflict? (4) What implications and conclusions follow from the Myanmar case for putting RtoP into practice? The article argues that while the applicability of RtoP was much in doubt with respect to the aftermath of Cyclone Nargis, its principles nevertheless served as a rhetorical device for Western countries to influence both Naypyidaw and ASEAN as regards the practical need of facilitating humanitarian relief. Noting the available diplomatic support Myanmar enjoys in the UNSC, the paper suggests that the variation characterizing the international response to Myanmar's practices in the Ayeyawady delta and in the ethnic areas is also partly due to the different scale of fatalities and insufficient independent verification of claims regarding atrocity crimes. Generally, the Myanmar case has nevertheless accentuated the need for considering further what practical assistance regional and international actors can render to protect those that are or may become caught up in atrocities.

scholarly journals The Kampala Convention and the Protection of Persons Internally Displaced by Harmful Practices in Africa

2021 ◽  
pp. 1-14
Author(s):  
Romola Adeola
Keyword(s):  
Humanitarian Assistance ◽  
The State ◽  
Internal Displacement ◽  
Internally Displaced ◽  
Root Cause ◽  
Starting Point ◽  
Explicit Mention ◽  
Durable Solutions ◽  
The Many ◽  
Context Specific

Abstract Arguably the least discussed root cause of internal displacement, harmful practices are a prevalent concern in many African societies. The explicit mention of harmful practices is one of the many innovations of the Kampala Convention and reinforce its forward-looking, context-specific focus on Africa. This article argues that the convention has an absolute prohibition of harmful practices. This is an important starting point from which to discuss the content of states’ obligation to set measures for preventing harmful practices. However, in the event that displacement occurs due to these practices, it is important that protection, humanitarian assistance and durable solutions are provided. This article argues that states must set measures for ensuring that non-state actors are held accountable in the event that they orchestrate harmful practices. In fostering compliance, this article argues that there is an important role for institutions beyond the state, particularly those emphasized under article 14 of the convention.

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