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close this bookLaw in Humanitarian Crises Volume I : How Can International Humanitarian Law Be Made Effective in Armed Conflicts? (European Commission Humanitarian Office)
close this folderInternational Humanitarian Law and the Law of Refugees and Internally Displaced Persons
close this folderIV. The Need for Comprehensive Approaches
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View the document1. Overcoming the Differentiation Between Externally Displaced Persons (Refugees) and Internally Displaced Persons
View the document2. 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

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

With regard to refugee law, it may stated that there exists wide-spread consensus as to the necessity of comprehensively approaching the different temporal stages of situations of external displacement. In other words: contemporary international refugee law does not only deal with the imminent protection needs of refugees but also addresses the root causes of refugee movements and the issue of durable solutions to refugee situations.

It is suggested that the same approach ought to be taken as regards the evolving international legal regime of internally displaced persons. This implies, inter alia, that the major root causes of internal displacements, namely gross and systematic violations of international human rights and humanitarian law, are efficiently addressed by the international community; that the already existing and possibly evolving rules of international law as regards the imminent effects of situations of internal displacement, namely to protect internally displaced persons against further violations of their fundamental rights under international human rights and humanitarian law and to ensure that they safely receive the assistance extended to them by the international community, are sufficiently enforced by the international community; and that the currently existing and possibly evolving rules of international law as regards durable solutions to situations of internal displacement, in particular the right of internally displaced persons to return to their homes, i.e. their places of previous habitual residence, are efficiently implemented by the international community.