Prohibitions on arbitrary displacement in international humanitarian law and human rights : a time and place for everything
Author zone:
Deborah Casalin
In:
Convergences and divergences between international human rights, international humanitarian and international criminal law
Editor:
Cambridge [etc.] : Intersentia, 2018
Physical description:
p. 223-257
Languages:
English
Abstract:
This chapter analyses the relationship between specific IHL and IHRL norms by examining the rules which prohibit arbitrary displacement. It is submitted that a number of conditions placed by IHRL on acts of displacement cannot be cumulated with more precise and context-specific IHL rules, and that the latter apply as lex specialis. In the conduct of hostilities in international armed conflict, this follows a familiar dynamic of IHL standards diverging from stricter IHRL norms to address the specificities of conflict. However, under occupation and in non-international armed conflict, the prevailing of more absolute IHL prohibitions on displacement demonstrates a less common paradigm of IHL as lex specialis providing stricter protection for civilians. Finally, the relevance of this analysis in practice is illustrated through a case study of the planned transfer of Bedouin communities in the occupied Palestinian territory.
By entering this website, you consent to the use of technologies, such as cookies and analytics, to customise content, advertising and provide social media features. This will be used to analyse traffic to the website, allowing us to understand visitor preferences and improving our services. Learn more