Forcible displacement, a far too common phenomenon in contemporary armed conflicts, inflicts significant harm on individuals and entire communities. International humanitarian law (IHL) prohibits forcible displacement in occupied territory and during non-international armed conflict. However, the field of application of the prohibition is disputed, as is the relationship between the prohibition and the duty to take precautions, leaving scope for parties to an armed conflict to argue that causing the displacement of civilians is not only lawful, but legally required. This chapter seeks to reduce the space for belligerents to misappropriate humanitarian principles to justify mass displacement by providing much needed normative clarity, both with respect to the field of application of the prohibition of forcible displacement, and the extent to which the non-consensual relocation of civilians may be prohibited under the IHL rules on the conduct of hostilities.

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Humanitarian Displacement? The (Mis-)Appropriation of Humanitarian Principles to Justify Mass Displacement

  • Eitan Diamond,
  • Ellen Nohle

摘要

Forcible displacement, a far too common phenomenon in contemporary armed conflicts, inflicts significant harm on individuals and entire communities. International humanitarian law (IHL) prohibits forcible displacement in occupied territory and during non-international armed conflict. However, the field of application of the prohibition is disputed, as is the relationship between the prohibition and the duty to take precautions, leaving scope for parties to an armed conflict to argue that causing the displacement of civilians is not only lawful, but legally required. This chapter seeks to reduce the space for belligerents to misappropriate humanitarian principles to justify mass displacement by providing much needed normative clarity, both with respect to the field of application of the prohibition of forcible displacement, and the extent to which the non-consensual relocation of civilians may be prohibited under the IHL rules on the conduct of hostilities.