About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

8 King's Student L. Rev. 94 (2017)
Internally Displaced Persons and International Refugee Law: Protection Gaps, Challenges and Implementation in Practice

handle is hein.journals/kinstul8 and id is 270 raw text is: 




  Internally   Displaced Persons and International Refugee Law: Protection
                Gaps,   Challenges and Implementation in Practice


                                      Nafees  Ahmad*



Abstract
The  protection of  Internally Displaced Persons   - popularly called IDPs   - has come   to
dominate  the contemporary   debate in International Law, International Refugee Law   (IRL),
International Humanitarian   Law  (IHL)  and International Human   Rights Law   (IHRL). But
these fields of law have offered disappointing levels of protection. There are no protection
provisions in IRL, IHRL  and  IHL  dealing with IDPs and  protection is limited to only those
persons  who  cross international borders. But  there is another legal framework  called the
UNHCR Guiding Principles on Internal Displacement, 1998 which were prepared for the UN
Commission   on Human   Rights that provides protection and assistance to the IDPs. Internal
displacement  rose to prominence as an issue through the late 1980s and became an important
priority in global affairs during the 1990s. Today, human  displacement trends in homeland
boundaries  have acquired  global concerns and ramifications and need  aid and assistance at
par refugees. IDPs have  also been living in refugee-like situations that make them eligible for
international protection in their country of residence.  Thus,  it is evident from the IDPs
definition discussed hereunder that it does imply to have an idea of international protection
for them but it also endures insufficiencies. However, IDPs is an international problem now
and  creates with international obligations. Additionally, the IDPs framework is not a legally
enforceable  mechanism   and  its operation and  implementation   exclusively depends  upon
national governments.   The IDPs  definition is extremely restricted and lacks international
application and flagrantly deprives them  of international protection. Therefore, an attempt
has been  made  in this paper to analyse the existing IDP laws, to identify the IDPs protection
gaps, challenges and their implementation in practice worldwide including India.










* Ph. D., LL.M, Faculty of Legal Studies, South Asian University (SAARC)-New Delhi, Nafees Ahmad is an
Indian national who holds a Doctorate (Ph.D.) in International Refugee Law and Human Rights. Author writes
on  International Forced Migrations, Climate Change Refugees & Human Displacement Refugee, Policy,
Asylum, Durable Solutions and Extradition Issus. He conducted research on Internally Displaced Persons (IDPs)
from Jammu & Kashmir and North-East Region in India and has worked with several research scholars from US,
UK  and India and consulted with several research institutions and NGO's in the area of human displacement and
forced migration. He has introduced a new Program called Comparative Constitutional Law of SAARC Nations
for LLM  along with International Human Rights, International Humanitarian Law and International Refugee
Law.  He has been serving as Senior Visiting Faculty to World Learning (WL)-India under the India-Health and
Human  Rights Program organized by the World Learning, 1 Kipling Road, Brattleboro VT-05302, USA for Fall
&  Spring Semesters Batches of US Students by its School for International Training (SIT Study Abroad) in New
Delhi-INDIA nafeestarana@gmail.com, drnafeesahmad@sau.ac.in
                                             94

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most