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Armed Conflict and Forcible Displacement: Individual Rights Under International Law

Armed Conflict and Forcible Displacement: Individual Rights Under International Law

Author: Elena Katselli Proukaki
Publisher: Routledge
ISBN: 9781138643338
Published In: March 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Announced as International Law and the Rights of those Displaced by Armed Conflict

With millions of individuals around the world affected by the consequences of armed conflict and displacement, the need for a stronger, more coherent and effective legal framework relating to the right not to be displaced, to return home and to property restitution becomes even more compelling.

This volume combines critical comparative perspectives on questions relating to displacement cause by armed conflict on the basis of national and international law.

The book provides a number of selected case studies from Europe, Africa and the Americas enabling the identification of common legal principles as well as state practice relating to displacement. The book particularly focuses on whether a right not to be displaced and to return home as well as to property restitution exists in contemporary international law.

To this effect, the collection provides in-depth analysis of how international human rights and humanitarian law, international criminal law and the law on state responsibility may be utilised to effectively protect an individual before and after displacement but also to identify the corresponding legal obligations of both states and non-state actors in this respect.

1. Introduction, Elena Katselli

Part 1: The Right not to be Displaced, to Return Home and to Property Restitution under Contemporary International Law, Elena Katselli

Part 2: The Protection of Home and Possessions in Transitional Cases before the European Court of Human Rights

2. The Taking of Property of Displaced Persons in the Case Law of the European Court of Human Rights, Judge Christos Rozakis

3. Restitution, Restorative Justice, and 'Transitional Relativism', James Sweeney

4. The German Property Restitution Claims before the European Convention on Human Rights, Stefan von Raumer

5. Property Restitution Cases in the Context of the Cyprus Conflict, Costas Paraskeva and Eleni Meleagrou

Part 3: Displacement in Colombia and Africa: Legal Challenges

6. Protecting Displaced Persons in Colombia through Provisional and Precautionary Measures: Failure or Success?, Yves Haeck and Clara Burbano-Herrera

7. Displacement and Legal Perspectives in Africa, Zeray Yihdego

Part 4: Displacement in International Humanitarian Law

8. Collective Dislocation: Crimes of Displacement, Property-Deprivation and Discrimination under International Criminal Law, Matthew Gillett

9. A Reparative Justice Perspective from the Rome Statute: the Trust Fund for Victims at the ICC, Pieter de Baan

10. Conclusions, Elena Katselli

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