Armed Conflict and Forcible Displacement: Individual Rights under International Law (Routledge Research in International Law)

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.-- Provided by Publisher "This volume 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."--Provided by publisher Cover 1 Half Title 2 Title Page 4 Copyright Page 5 Dedication 6 Table of Contents 8 List of abbreviations 10 Acknowledgements 12 List of contributors 14 Table of cases 18 Preface 26 1 The right not to be displaced by armed conflict under international law 28 2 The right to return home and the right to property restitution under international law 73 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? 111 4 The right to respect of home and enjoyment of property for Cypriot IDPs: the developing jurisprudence of the ECtHR 142 5 Inter-American and Colombian developments and contributions on the protection of persecuted internally displaced persons 166 6 Forced displacement, dispossession and property: Cambodia 197 7 Forcible displacement as a weapon of war in the Syrian conflict: lessons and developments 218 8 Collective dislocation: crimes of displacement, property deprivation and discrimination under international criminal law 248 Appendix 272 Index 289