Suchergebnisse

The right not to be displaced by armed conflict under international law / Elena Katselli Proukaki -- The right to return home and the right to property restitution under international law / Elena Katselli Proukaki -- 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 -- The right to respect of home and enjoyment of property for Cypriot IDPS : the developing jurisprudence of the ECtHR / Eleni Meleagrou and Costas Paraskeva -- Inter-American and Colombian developments and contributions on the protection of persecuted internally displaced persons / Nicolás Carrillo-Santarelli -- Forced displacement, dispossession, and property : Cambodia / Rhona Smith, Ratana Ly and Chantevy Khourn -- Forcible displacement as a weapon of war in the Syrian conflict : lessons and developments / Yasmine Nahlawi -- Collective dislocation : crimes of displacement, property deprivation, and discrimination under international criminal law / Matthew Gillett

This book explores the contentious topic of how collective and community issues should be protected and enforced in international law. Elena Katselli Proukaki takes a detailed look at the issue of third-State countermeasures, and considers the work the International Law Commission has done in this area. The volume addresses both the theory and practice of third-State countermeasures within international law. Critically reviewing the conclusions of the International Law Commission on the non-existence of a right to third-State countermeasures, it includes consideration of examples of State practice not previously covered in the literature of this topic. In taking a thorough view of the issues involved the author identifies concerns about third-State countermeasures which remain unanswered, and considers the possible legal ramifications arising from a clash between a right to third-State countermeasures and obligations arising from other international norms. The Problem of Enforcement in International Law explores questions evolving around the nature, integrity and effectiveness of international law and the role it is called to play in a contemporary context. This book is of great interest and value not only for specialists in this area of international law, but also human rights, trade and EU lawyers, practitioners, legal advisers, and students

Abstract
This article argues that international criminal law has not adequately addressed the true dimensions and effects of forced displacement. Often protracted in time, forced displacement extends well beyond the conduct of coercively expelling individuals out of territory from which they are lawfully present. Preventing those forcibly displaced from returning is an essential element of forced displacement as a crime against humanity and as such, it requires the full reprehension of international criminal law. This means that the crime continues for as long as prevention from returning is sustained with significant ramifications on the temporal and territorial jurisdiction of the International Criminal Court. This is particularly so in relation to crimes elements of which are committed in the territory of a state not party to the icc Statute, such as in the situation concerning the alleged deportation of the Rohingya before the icc, and crimes which were initiated before the binding force of the icc Statute. The article concludes that recognition of prevention from returning as a continuing element of forced displacement does not infringe state consent, nor does it compromise the principle of legality which are central to the exercise of icc jurisdiction.

Although migration is a transnational phenomenon involving a plurality of states, the state of departure is often unwilling/unable to offer protection. Receiving/transit states can refrain from engaging with the problem until migrants have already entered their territory. With high seas, this can result in the deaths of people taking the risk of travelling to a new place. The article argues that states have a duty to offer (some) protection even when migrants are not in their territory, based on human rights' positive effect and the principle of due diligence. Because of the transnational nature of migration, all involved states have the responsibility to offer protection. This may lead to concurrent state liability for failure to protect. The duty to protect may extend to the high seas, even when the traditional links for the establishment of jurisdiction are absent. The duty is not unlimited, it needs to prevail over other considerations.