Refugees and IDPs
Highlights
Treaty Law
- Fourth Geneva Convention, 1949 – art. 44, 45, 49, 70
- Protocol I additional to the Geneva Conventions, 1977 – art. 73, 85
- Protocol II additional to the Geneva Conventions, 1977 – art. 17
- Rome statute of the International Criminal Court, 1998 – art. 8(2)(b)(viii), 8(2)(e)(viii)
- Convention and Protocol Relating to the Status of Refugees, 1951 and 1967
- Convention governing the specific aspects of refugee problems in Africa, 1974
- Guiding principles on internal displacement
Customary law
Reference documents
Frequently asked questions
Analysis
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Article 17(1) of Additional Protocol II and customary international humanitarian law seem only to prohibit the "ordering" of displacement in non-international armed conflict. However, by interpreting these norms in light of State practice, the author concludes that forced displacement is prohibited regardless of whether it is ordered or not. Nevertheless, an order may still be required to constitute the crime of forced displacement under the Rome Statute.
30-09-2009 | International Review of the Red Cross | Jan Willms
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Commments on the guiding principles on internal displacement
A few comments on the contribution of international humanitarian law, by Jean-Philippe Lavoyer, Deputy Head of the ICRC Legal Division.
30-09-1998 | International Review of the Red Cross | Jean-Philippe Lavoyer
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30-09-2001 | International Review of the Red Cross | Erika Feller
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Protection of internally displaced persons affected by armed conflict: Concept and challenges
30-09-2001 | International Review of the Red Cross | Marguerite Contat Hickel
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