Forcible Displacement Throughout The Ages

Forcible displacement transforms cultures and can even lead to their destruction. Beginning with the origins of the human species millions of years ago and ending up in our present day era, this book analyses examples of forcible displacement in order to examine the crime in its many different forms. The legal contours of the crime receive a comprehensive treatment, including the experience of the international tribunals and decades of scholarly work in the area. The authors suggest that a paradigm shift is needed in order to bring development-induced displacement into the mainstream discourse on forcible displacement. The book concludes with a proposal for a new convention for the prevention and punishment of the crime of forcible displacement.

This book analyses the anthropological, historical, and legal contours of the crime of forcible displacement and proposes specific measures that the international community can adopt in order to prevent and/or punish the perpetration of the crime in the future.

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.

For displaced persons, memory and identity is performed, (re)constructed and (re)negotiated daily. Forced displacement radically reshapes identity, with results ranging from successful hybridization to feelings of permanent misplacement. This compelling and intimate description of places of pain and (be)longing that were lost during the 1992–95 war in Bosnia and Herzegovina, as well as of survivors’ places of resettlement in Australia, Europe and North America, serves as a powerful illustration of the complex interplay between place, memory and identity. It is even more the case when those places have been vandalized, divided up, brutalized and scarred. However, as the author shows, these places of humiliation and suffering are also places of desire, with displaced survivors emulating their former homes in the far corners of the globe where they have resettled.

This series reflects the multidisciplinary nature of the field and includes within its scope international law, anthropology, medicine, geopolitics, social psychology and economics.

Today, there are over 40 million conflict-induced internally displaced persons (IDPs) globally, almost double the number of refugees. Yet, IDPs are protected only by the soft-law Guiding Principles on Internal Displacement at the global level. Instead of a dedicated international organization, IDPs receive protection and assistance only through the UN’s cluster approach. Orchard argues that while an international IDP protection regime exists, many aspects of it are informal, with IDP issues bound up in a humanitarian regime complex that divides the mandates of key organizations and even the question of IDP status itself. While the Guiding Principles mark an important step forward, implementation of laws and policies based on them at the domestic level remains haphazard. Action at the international level similarly reflects an all-too-often ad hoc approach to IDP issues. Through an in-depth examination of IDP efforts at the international level and across the forty states which have adopted IDP laws and policies, Orchard argues that while progress has been made, new and greater monitoring and accountability mechanisms at both the domestic and international levels are critical. This work will be valuable to scholars, students, and practitioners of forced migration, international relations theory, and the Responsibility to Protect doctrine.

The Syrian refugee crisis has galvanized attention to one of the world’s foremost challenges: forced displacement. The total number of refugees and internally displaced persons, now at over 65 million, continues to grow as violent conflict spikes.This report, Forcibly Displaced: Toward a Development Approach Supporting Refugees, the Internally Displaced, and Their Hosts, produced in close partnership with the United Nations High Commissioner for Refugees (UNHCR), attempts to sort fact from fiction to better understand the scope of the challenge and encourage new thinking from a socioeconomic perspective. The report depicts the reality of forced displacement as a developing world crisis with implications for sustainable growth: 95 percent of the displaced live in developing countries and over half are in displacement for more than four years. To help the displaced, the report suggests ways to rebuild their lives with dignity through development support, focusing on their vulnerabilities such as loss of assets and lack of legal rights and opportunities. It also examines how to help host communities that need to manage the sudden arrival of large numbers of displaced people and that are under pressure to expand services, create jobs, and address long-standing development issues. Critical to this response is collective action. As work on a new Global Compact on Responsibility Sharing for Refugees progresses, the report underscores the importance of humanitarian and development communities working together in complementary ways to support countries throughout the crisis†•from strengthening resilience and preparedness at the onset to creating lasting solutions.

In Human Mobility and Climate Change, Grant Dawson and Rachel Laut examine the sufficiency of legal frameworks to address human movement relating to climate change impacts and the progressive transition to a more adaptive approach.