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Armed Conflict and Displacement

Armed Conflict and Displacement The Protection of Refugees and Displaced Persons under International Humanitarian Law

Author: Mélanie Jacques
Publisher: Cambridge University Press
ISBN: 9781107005976
Published In: October 2012
Format: Hardback , 291 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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With 'displacement' as the guiding thread, the purpose of this study is twofold. Firstly, it derives from the relevant provisions of international humanitarian law a legal framework for the protection of displaced persons in armed conflict, both from and during displacement. It contains a case study on Israeli settlements in the Occupied Palestinian Territory and the recent Advisory Opinion on the Separation Wall, and addresses such issues as humanitarian assistance for displaced persons, the treatment of refugees in the hands of a party to a conflict and the militarisation of refugee camps. Secondly, it examines the issue of displacement within the broader context of civilian war victims and identifies and addresses the normative gaps of international humanitarian law, including the inadequacy of concepts such as 'protected persons' and the persistence of the dichotomy between international and non-international armed conflicts, which is at odds with the realities of contemporary armed conflicts.

• Addresses specific protection issues affecting refugees and internally displaced persons caught up in war

• Draws parallels with developments in other branches of international law thereby grounding the issue of displacement within a broader discipline

• Case studies and examples help readers understand how international humanitarian law applies in practice to contemporary situations of displacement

Table of treaties and statutes	viii
Selected abbreviations	x
Introduction	1
1 The prohibition of forced displacement in international armed conflicts	19
2 The prohibition of forced movement of civilians in non-international armed conflicts	49
3 Case study: Israeli settlements, the Separation Wall and displacement of civilians in the Occupied Palestinian Territory	77
4 Forced displacement as an international crime	125
5 The protection of refugees under international humanitarian law	156
6 Internally displaced persons as civilians in time of war	185
7 International humanitarian law and the protection of refugee and IDP camps	209
Concluding remarks	245
Bibliography	257
Index	26