The Role of International Humanitarian Law in the Protection of Internally Displaced Persons

2005 ◽  
Vol 24 (3) ◽  
pp. 37-48 ◽  
Author(s):  
E.-C. Gillard
Keyword(s):  
International Humanitarian Law ◽  
Internally Displaced Persons ◽  
Humanitarian Law ◽  
Displaced Persons ◽  
Internally Displaced

Refugees and internally displaced persons — International humanitarian law and the role of the ICRC

1995 ◽  
Vol 35 (305) ◽  
pp. 162-180 ◽  
Author(s):  
Jean-Philippe Lavoyer
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Internally Displaced Persons ◽  
Humanitarian Law ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Geneva Conventions

The main purpose of this brief study is to show the importance of international humanitarian law, in particular the Geneva Conventions of 1949 and their Additional Protocols of 1977, for internally displaced persons, i.e. persons displaced within their own country, and to refugees, i.e. persons who have fled their country. Not only does this body of international law protect them when they are victims of armed conflict, but its rules — if scrupulously applied — would make it possible to avoid the majority of displacements.

Reflections on humanitarian law dimensions of the African Union Convention for the protection and assistance of internally displaced persons in Africa

2020 ◽  
Vol 2020 ◽  
pp. 78-120
Author(s):  
Steve Tiwa Fomekong
Keyword(s):  
Law Reform ◽  
International Humanitarian Law ◽  
Internally Displaced Persons ◽  
African Union ◽  
Humanitarian Law ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Depth Analysis ◽  
The Subject ◽  
Significant Attention

While significant attention has thus far been paid to the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), the rules of humanitarian law that it sets out have not yet been the subject of a specific in-depth analysis. This contribution aims to fill this gap in the literature. It specifically examines the humanitarian law rules contained in the Kampala Convention to determine their meaning and scope, as well as their contribution to strengthening international humanitarian law (IHL). It begins by analysing the articulation of these regional humanitarian rules with the universal rules of IHL that preceded them to determine whether there is any divergence between them. Next, the paper attempts to determine the extent to which the humanitarian law provisions of the Kampala Convention enrich the legal protections provided by IHL for the improvement of the plight of internally displaced persons from armed conflict. Finally, with an approach centred around making suggestions for law reform, the paper demonstrates why and how these rules should inspire the future development of conventional and customary norms that would assist with the challenges of conflict-induced displacement.

5 Persons Covered by International Humanitarian Law: Main Categories

2020 ◽  
Author(s):  
Hill-Cawthorne Lawrence
Keyword(s):  
Armed Conflict ◽  
The Elderly ◽  
Prisoners Of War ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Internally Displaced Persons ◽  
Humanitarian Law ◽  
Displaced Persons ◽  
Internally Displaced ◽  
The Law

This chapter identifies the main categories of persons deemed to be in need of protection in situations of armed conflict, according to which the rules of international humanitarian law (IHL) are structured. The two principal categories of persons under the law of international armed conflict (IAC) are combatants/prisoners of war (POWs) and civilians. This categorization lies at the heart of one of the key principles of IHL, that of the distinction between combatants (being, generally, lawful targets) and civilians (being, generally, not lawful targets). These two principal categories are then further divided, with special (additional) rules applying to certain persons falling within each sub-category—including the wounded, sick, and shipwrecked; women; children; the elderly, disabled, and infirm; refugees and internally displaced persons (IDPs); mercenaries and spies; journalists; and the missing and the dead. For some of these categories of persons, such as women and displaced persons, the rules remain very basic and inadequate for the contemporary challenges faced in armed conflicts. What is more, many of these categories are even less clearly defined under the law of non-international armed conflict (NIAC).

CORRESPONDENTS' REPORTS

2009 ◽  
Vol 12 ◽  
pp. 453-695
Keyword(s):  
Human Rights ◽  
Latin America ◽  
International Humanitarian Law ◽  
Internally Displaced Persons ◽  
Humanitarian Law ◽  
Displaced Persons ◽  
Internally Displaced ◽  
State Security ◽  
Jus Ad Bellum ◽  
Selection Of

AbstractCorrespondents' Reports is compiled and edited by Tim McCormack with the excellent assistance of James Ellis, Sasha Radin and Michelle Lesh primarily from information provided to theYIHLby its correspondents but also drawing on other sources. The section does not purport to be a fully inclusive compilation of all international humanitarian law-related developments in every state but represents a selection of developments during the calendar year 2009 that have come to the Yearbook's attention. Legal developments from early 2009 that were noted in volume 11 of theYIHLare not repeated here. Readers are thus advised to consult this section in conjunction with Correspondents' Reports in volume 11. We apologise for this inconvenience. Further, some 2008 humanitarian law-related developments came to our attention after volume 11 went to press and could not be noted there. For the sake of completeness, we have included them here. Reference is also included to a number of legal developments which are not strictly-speaking related to IHL but which are nonetheless interesting and relevant for our readers, in particular relating to justice issues, jurisdictional questions,jus ad bellum, state security, human rights, refugees and internally displaced persons, and terrorism. Where citations or dates or other details have not been provided, they were not available or obtainable. TheYIHLis actively seeking new correspondents, particularly in Africa, Asia and Latin America. Interested persons and anyone who is willing to contribute information should contact the Report Editor [email protected].

Codification of international rules on internally displaced persons: An area where both human rights and humanitarian law considerations are being taken into account

1998 ◽  
Vol 38 (324) ◽  
pp. 463-466 ◽  
Author(s):  
Robert K. Goldman
Keyword(s):  
Human Rights ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Humanitarian Law ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Guiding Principles ◽  
Executive Boards

This past April the Representative of the United Nations Secretary-General on Internally Displaced Persons, Francis M. Deng, presented to the UN Commission on Human Rights, at its 54th session, a report with an addendum entitled Guiding Principles on Internal Displacement (hereinafter “Guiding Principles”). The Commission adopted by consensus a resolution co-sponsored by more than 50 States which, inter alia, took note of the decision of the Inter-Agency Standing Committee welcoming the Guiding Principles and encouraging its members to share them with their Executive Boards, and also of Mr. Deng's stated intention to make use of these principles in his dialogue with governments and intergovernmental and non-governmental organizations. These principles are an important milestone in the process of establishing a generally accepted normative framework for the protection of the estimated 20 to 25 million internally displaced persons worldwide.

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