By Mélanie Jacques
With ’displacement’ because the guiding thread, the aim of this examine is twofold. to start with, it derives from the suitable provisions of foreign humanitarian legislations a criminal framework for the security of displaced people in armed clash, either from and through displacement. It includes a case examine on Israeli settlements within the Occupied Palestinian Territory and the hot Advisory Opinion at the Separation Wall, and addresses such matters as humanitarian suggestions for displaced folks, the remedy of refugees within the arms of a celebration to a clash and the militarisation of refugee camps. Secondly, it examines the problem of displacement in the broader context of civilian struggle sufferers and identifies and addresses the normative gaps of overseas humanitarian legislations, together with the inadequacy of recommendations resembling ’protected people’ and the endurance of the dichotomy among overseas and non-international armed conflicts, that's at odds with the realities of up to date armed conflicts.
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Additional info for Armed Conflict and Displacement: The Protection of Refugees and Displaced Persons under International Humanitarian Law
Acts such as collective punishment,8 pillage,9 hostage-taking,10 rape11 or any other act aimed at terrorizing the civilian population12 are also prohibited. 13 However, more than just an unfortunate consequence of the carelessness of belligerents, forced displacement is increasingly used as a tactic of war. 14 Forced displacement is also often carried out as part of a wider ‘ethnic cleansing’ 4 5 8 9 10 11 12 13 14 UNHRC, ‘Report of the Representative of the Secretary-General on the Human Rights of Internally Displaced Persons, Walter K¨ alin, Follow-up to the report on the mission to Georgia’, 14 January 2009, UN Doc.
P. 227. Lapidoth, ‘The expulsion of civilians from areas which came under Israeli control in 1967’, 1990, 98. Pictet, Commentary on the Geneva Conventions, 1958, p. 279. Bassiouni, Crimes against Humanity, 1999, p. 302; Henckaerts, ‘Deportation and transfer of civilians’, 1993–4, 481; de Zayas, ‘Mass population transfers’, 1975, 212; Schwarzenberger, International Law as Applied by International Courts and Tribunals, p. 228. Bassiouni, Crimes against Humanity, p. 302. 37 The Nuremberg Tribunal not only dealt with practices of deportations, but also the more general practice of ‘Germanization’ of occupied territories.
25 Yet, there seems to be a legal gap in the existing protection regime, as international humanitarian law does not regulate the forced displacement of civilians in unoccupied territory during an international armed conﬂict. The prohibition of deportation and forcible transfers in situations of occupation Practices of forcible transfers and deportations of civilians in situations of occupation are expressly prohibited by the Fourth Geneva Convention. However, the interpretation of Article 49 is subject to contention.
Armed Conflict and Displacement: The Protection of Refugees and Displaced Persons under International Humanitarian Law by Mélanie Jacques