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.

A detailed analysis of contemporary issues relating to international humanitarian law and its interplay with war migrants.

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.

Over the past ten years the content and application of international law in armed conflict has changed dramatically. This Oxford Handbook provides an authoritative and comprehensive study of the role of international law in armed conflict and engages in a broad analysis of international humanitarian law, human rights law, refugee law, international criminal law, environmental law, and the law on the use of force. With an international group of expert contributors, the Handbook has a global, multi-disciplinary perspective on the place of law in war. The Handbook consists of 32 chapters in seven parts. Part I provides the historical background of international law in armed conflict and sets out its contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part IV introduces crucial concepts in humanitarian law: the use of weapons, proportionality, the principle of distinction, and internal armed conflict. Part V looks at rights issues: life, torture, fair trials, the environment, economic, social and cultural rights, the protection of cultural property, and the human rights of members of the armed forces. Part VI covers key issues in times of conflict: the use of force, terrorism, unlawful combatants, mercenaries, forced migration, and issues of gender. Part VII deals with accountability for war crimes, the responsibility of non-state actors, compensation before national courts, and, finally, transitional justice.

By 2017, it was estimated that over 40 million people were displaced within their own countries by conflict and violence across at least 56 countries worldwide. Solutions to the epidemic of forced internal displacement are frequently premised on the return of internally displaced persons (IDPs). Indeed, as a characteristic need of IDPs, such returns benefit from a special protection framework developed by IDP protection instruments such as the Guiding Principles. However, the legal status of those instruments remains ambiguous, generating attendant questions about the congruity of the IDP return framework with existing international law. Moreover, limited knowledge exists on its practical implementation. As a result, both inter-national agencies and individual scholars have repeatedly issued urgent calls for comprehensive and grounded theoretical investigation into this topic. This book answers those long-standing calls for research by presenting a detailed study of the return of conflict-afffected IDPs under international law.

Comprehensive analysis of international law's protection of women's rights in armed conflict, with an emphasis on how these protections operate in practice.

This Oxford Commentary is the first book in fifty years to provide a detailed commentary on the four 1949 Gevena Conventions, the building blocks of international humanitarian law. It takes a thematic approach to take account of the changes in international law since 1949, in particular the growth of international criminal and human rights law.

This book provides the first comprehensive analysis of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts. In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that includes outside intervention, State dissolution, and recognition of belligerency. It then specifically considers the legal qualification of complex situations that feature more than two conflict parties and contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. Part II of the book challenges the conventional wisdom that members of non-State armed groups do not normally benefit from combatant status. It argues that the majority of fighters belonging to non-State armed groups in most types of internationalized armed conflicts are in fact eligible for combatant status. Finally, Part III turns to belligerent occupation, traditionally understood as a leading example of a notion that cannot be transposed to armed conflicts occurring in the territory of a single State. By contrast, the book argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts.

This report can be called Small Encyclopedia of human rights violations resulted from the occupation of Crimean Peninsula by the Russian Federation. In a concise but comprehensive manner, it contains analysis of key types of violations that occur in Crimea. Report demonstrates and proves that mass systematic violations of human rights in Crimea cause displacement of population from the occupied territory and the Russian Federation should be brought to justice for it.