Internal Displacement and the Law

The world faces more than 60 million people displaced by armed conflict and disasters as of 2022. Climate change is set to trigger large-scale displacement in the future. Internal Displacement and the Law discusses the extent to which the present law can contribute to preventing, responding to, and resolving internal displacement and protecting the rights of these internally displaced persons (IDPs). It identifies its weaknesses and examines ways to improve action.

Format: Hardback
Length: 384 pages
Publication date: 26 May 2023
Publisher: Oxford University Press

The world is grappling with a staggering displacement crisis, with over 60 million people forced to flee their homes due to armed conflict and natural disasters as of 2022. This number is expected to rise significantly in the coming years, as climate change exacerbates the risks and vulnerabilities of communities around the globe. Internal displacement, the movement of people within their own country due to conflict or disaster, is a complex and multifaceted issue that requires a comprehensive legal framework to address.

Internal Displacement and the Law is a valuable contribution to this ongoing debate, exploring the extent to which the present law can contribute to preventing, responding to, and resolving internal displacement and protecting the rights of internally displaced persons (IDPs). The book is organized into four chapters, each addressing a different aspect of the displacement crisis.

In the first chapter, the author provides an overview of the legal framework for internal displacement, including international and national laws, treaties, and conventions. The chapter highlights the gaps and weaknesses in the current legal framework, and explores ways to improve its effectiveness. The author argues that the primary responsibility for addressing internal displacement lies with states, and that international human rights and humanitarian law play a crucial role in protecting the rights of IDPs.

The second chapter examines the legal dimensions of displacement, including the rights of IDPs to protection, assistance, and reparation. The author discusses the challenges faced by IDPs in accessing these rights, including discrimination, violence, and lack of access to basic services. The chapter also explores the role of host governments, international organizations, and non-governmental organizations in providing assistance to IDPs.

The third chapter focuses on the issue of state responsibility for internal displacement, examining the legal obligations of states to prevent, respond to, and resolve internal displacement. The author argues that states have a responsibility to protect their citizens from displacement, and to provide assistance and reparation to those who are displaced. The chapter also explores the role of international institutions, such as the United Nations and the African Union, in promoting state responsibility for internal displacement.

The fourth chapter examines the role of international human rights and humanitarian law in addressing internal displacement. The author argues that these laws provide a framework for protecting the rights of IDPs and promoting their well-being. The chapter explores the challenges faced by IDPs in accessing these rights, including discrimination, violence, and lack of access to basic services. The chapter also examines the role of international organizations, such as the United Nations High Commissioner for Refugees and the International Committee of the Red Cross, in promoting and protecting the rights of IDPs.

Throughout the book, the author emphasizes the primary responsibility of states to address the needs of IDPs and view them as citizens with rights and agency rather than as vulnerable beneficiaries of humanitarian action. The author concludes that the body of relevant law amounts to an emerging legal regime on internal displacement whose substantive norms are largely adequate, but which faces specific institutional challenges at domestic and international levels that weaken efforts to address the plight of IDPs.

In conclusion, Internal Displacement and the Law is a valuable contribution to the ongoing debate on internal displacement. The book provides a comprehensive analysis of the legal framework for internal displacement, highlights the gaps and weaknesses in the current legal framework, and explores ways to improve its effectiveness. The author's human rights approach emphasizes the primary responsibility of states to address the needs of IDPs and views them as citizens with rights and agency rather than as vulnerable beneficiaries of humanitarian action. The book's conclusions are timely and relevant, and will be of interest to policymakers, legal professionals, and activists working to address the displacement crisis.

Weight: 704g
Dimension: 164 x 242 x 29 (mm)
ISBN-13: 9780192899316