![]() | Law in Humanitarian Crises, Volume I : How Can International Humanitarian Law be made Effective in Armed Conflicts? (ECHO) |
![]() | ![]() | (introduction...) |
![]() | ![]() | Introduction |
![]() | ![]() | The Laws of War: Problems of Implementation in Contemporary Conflicts |
![]() | ![]() | I. Introduction |
![]() | ![]() | II. Implementation Provisions and Mechanisms |
![]() | ![]() | (introduction...) |
![]() | ![]() | 1. From 1899 to the Second World War |
![]() | ![]() | 2. The Post-Second World War Trials |
![]() | ![]() | 3. The Post-1945 Conventions: General |
![]() | ![]() | 4. The Post-1945 Conventions: Humanitarian, Monitoring and Fact-Pinding Tasks |
![]() | ![]() | 5. The Post-1945 Conventions: Punishment and Compensation |
![]() | ![]() | 6. Other Mechanisms of Implementation |
![]() | ![]() | 7. The Involvement of the United Nations |
![]() | ![]() | 8. The International Court of Justice |
![]() | ![]() | III. Problems of Implementation in Wars since 1980 |
![]() | ![]() | (introduction...) |
![]() | ![]() | 1. Iran-Iraq War 1980-88 |
![]() | ![]() | 2. The 1990-91 Gulf Conflict |
![]() | ![]() | 3. The Wars in the Former Yugoslavia since 1991 |
![]() | ![]() | 4. Civil War and Humanitarian Intervention in Somalia 1992-95 |
![]() | ![]() | 5. International Conference, Geneva, August-September 1993 |
![]() | ![]() | 6. Rwanda 1994 |
![]() | ![]() | IV. General Issues |
![]() | ![]() | 1. Woodrow Wilson's Dilemma in 1914 |
![]() | ![]() | 2. Successors' Responses to illegal Acts of Previous Regimes |
![]() | ![]() | 3. One Alternative Vision |
![]() | ![]() | V. Summary and Conclusions |
![]() | ![]() | (introduction...) |
![]() | ![]() | 1. Realist and Idealist Images of the Laws of War |
![]() | ![]() | 2. Still a World of States |
![]() | ![]() | 3. Humanitarianism as a Substitute for Policy |
![]() | ![]() | 4. Application to Non-International Conflicts |
![]() | ![]() | 5. Mines |
![]() | ![]() | 6. Limits of Compliance Provisions |
![]() | ![]() | 7. Trials |
![]() | ![]() | 8. International Criminal Court |
![]() | ![]() | 9. Reparations |
![]() | ![]() | 10. The United Nations |
![]() | ![]() | 11. Barbarians? |
![]() | ![]() | 12. A Set of Professional Military Standards? |
![]() | ![]() | 13. Need to Keep Our Own Houses in Order |
![]() | ![]() | 14. The Relation between Ius in Bello and Ius ad Bellum |
![]() | ![]() | 15. Taking Implementation Seriously |
![]() | ![]() | The Implementation of International Humanitarian Law in the Framework of United Nations Peace-keeping Operations |
![]() | ![]() | (introduction...) |
![]() | ![]() | I. The United Nations and Humanitarian Law |
![]() | ![]() | II. The failure of the UN in Constituting Enforcement Instruments and the Practice of the Security Council of Authorizing Enforcement Action by States |
![]() | ![]() | III. The Law of International Armed Conflicts and UN Enforcement Operations Under Chapter VII |
![]() | ![]() | IV. The Alternative Experience of Peace-keeping Operations |
![]() | ![]() | VI. The Applicability of International Humanitarian Law to Peace-keeping Operations in the Light of General Instruments of International Law |
![]() | ![]() | VII. The Practice of Specific Instruments Concerning the Applicability of International Humanitarian Law in Peace-keeping Operations |
![]() | ![]() | VIII. A Conclusion in the Light of the 1994 Convention on the Safety of United Nations Personnel |
![]() | ![]() | International Humanitarian Law and the Law of Refugees and Internally Displaced Persons |
![]() | ![]() | (introduction...) |
![]() | ![]() | I. Introduction |
![]() | ![]() | II. The Inadequacy of International Refugee Law in Situations of Armed Conflict |
![]() | ![]() | (introduction...) |
![]() | ![]() | 1. The Need for Reconsidering the Refugee Definitions in International Law |
![]() | ![]() | 2. The Need for Improving the Substantive Rights of Refugees in Situations of Armed Conflict |
![]() | ![]() | 3. The Need for Improving International Co-operation with Regard to Refugees from Situations of Armed Conflict |
![]() | ![]() | 4. The Need for Further Consideration of International Action in Favour of Refugees from Situations of Armed Conflict |
![]() | ![]() | III. The Inadequacy of International Law in Respect of Internally Displaced Persons |
![]() | ![]() | (introduction...) |
![]() | ![]() | 1. Existing Norms of International Law Applying to Internally Displaced Persons |
![]() | ![]() | 2. The Lacunae of International Law in Respect of Internally Displaced Persons |
![]() | ![]() | 3. Possible Ways of Improving the Legal Situation of Internally Displaced Persons |
![]() | ![]() | 4. The Need for Further Consideration of International Action in Favour of Internally Displaced Persons |
![]() | ![]() | IV. The Need for Comprehensive Approaches |
![]() | ![]() | (introduction...) |
![]() | ![]() | 1. Overcoming the Differentiation Between Externally Displaced Persons (Refugees) and Internally Displaced Persons |
![]() | ![]() | 2. Overcoming the Still Existing Differentiation in International Law as Regards Norms Applicable Before, During and After Situations of Armed Conflicts Resulting in Forced Movements of Persons |
![]() | ![]() | V. Conclusions and Recommendations |
![]() | ![]() | Notes on the Contributors |
![]() | ![]() | Abbreviations |
Once again, the recent belligerent conflicts, in particular in Bosnia Herzegovina, Chechnya, and Rwanda, have made (or should have made) the international community understand that, not with standing all commendable efforts by governmental and non-governmental organisations, it is faced with a most serious humanitarian crisis. As a consequence of the extensive media coverage, the plight of the civilians displaced by such events, be it externally or internally, their unspeakable human suffering, have again been brought to the attention of the international community Although it must be admitted that international - humanitarian - law has only a limited role to play in the context of seeking to prevent and to reduce such suffering, it is evident that, with a view to the present state of international humanitarian law and its implementation, international lawyers are seriously called upon to consider ways and means to better implement the existing body of international humanitarian law in a wide sense and to improve its substantive rules. Such action should encompass, inter alia, international refugee law and the - however, only emerging - set of norms applicable to internally displaced persons, as very considerable numbers (if not most) of the civilian victims of such events are subjected to involuntary displacement, i.e. they are either directly forced by the belligerent parties to leave their places of habitual residence or they are indirectly forced to do so in order to survive the imminent consequences of situations of armed conflict.
Although the factual reasons, circumstances, and results of such involuntary displacements are, in practical terms, usually the same, the civilians involved will be subject to quite a different legal regime simply depending upon the mere fact of whether they have crossed, during their displacement, an internationally recognized border: if they have done so and are thus to be considered as externally displaced persons, they might be eligible for protection under the rules of international refugee law; if they have not done so and are, thus, to be considered as internally displaced persons, they benefit only from the - still very incomplete - set of rules applicable to such persons. Therefore, this paper is structured into three parts: the first one addresses the inadequacies of international refugee law in situations of armed conflicts, the second one deals with the inadequacies of international law in respect of internally displaced persons in such situations, whereas the third one seeks to establish the need for comprehensive approaches intended to overcome the existing differentiation in the existing legal regime with regard to refugees on the one hand, and internally displaced persons on the other hand.