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.
Chapter 1 The Right Not to Be Displaced by Armed Conflict under International Law Elena Katselli Proukaki
Chapter 2 The Right to Return Home and the Right to Property Restitution under International Law Elena Katselli Proukaki
Chapter 3 Reparation of the Rights to Property and Home of Displaced Persons Arising from Armed Conflict under the European Convention on Human Rights: Falling Short of the Exigencies of International Law and the Humanistic Purpose of Human Rights? Vassilis Tzevelekos
Chapter 4 The Right to Respect of Home and Enjoyment of Property for Cypriot IDPS: The Developing Jurisprudence of the EctHR Eleni Meleagrou & Costas Paraskeva
Chapter 5 Inter-American and Colombian Developments and Contributions on the Protection of Persecuted Internally Displaced PersonsNicolás Carrillo-Santarelli
Chapter 6 Forced displacement, dispossession and property: Cambodia Rhona Smith, Ratana Ly & Chantevy Khourn
Chapter 7 Forcible Displacement as a weapon of war in the Syrian conflict: Lessons and developments Yasmine Nahlawi
Chapter 8 Collective Dislocation: crimes of displacement, property-deprivation and discrimination under international criminal law Matthew Gillett
The series offers a space for new and emerging scholars of international law to publish original arguments, as well as presenting alternative perspectives from more established names in international legal research. Works cover both the theory and practice of international law, presenting innovative analyses of the nature and state of international law itself as well as more specific studies within particular disciplines. The series will explore topics such as the changes to the international legal order, the processes of law-making and law-enforcement, as well as the range of actors in public international law. The books will take a variety of different methodological approaches to the subject including interdisciplinary, critical legal studies, feminist, and Third World approaches, as well as the sociology of international law. Looking at the past, present and future of international law the series reflects the current vitality and diversity of international legal scholarship.