Internally Displaced Persons (IDPs) are persons who have been forced to leave their places of residence as a result of armed conflict, violence, human rights violations, or natural or human-made disasters, but who have not crossed an international border. There are about 55 million IDPs in the world today, outnumbering refugees by roughly 2:1. Although IDPs and refugees have similar wants, needs and fears, IDPs have traditionally been seen as a domestic issue, and the international legal and institutional framework of IDP protection is still in its relative infancy.
This book explores to what extent the protection of IDPs complements or conflicts with international refugee law. Three questions form the core of the book's analysis: What is the legal and normative relationship between IDPs and refugees? To what extent is an individual's real risk of internal displacement in their country of origin relevant to the qualification and cessation of refugee status? And to what extent is the availability of IDP protection measures an alternative to asylum? It argues that the IDP protection framework does not, as a matter of law, undermine refugee protection. The availability of protection within a country of origin cannot be a substitute for granting refugee status unless it constitutes effective protection from persecution and there is no real risk of refoulement. The book concludes by identifying current and future challenges in the relationship between IDPs and refugees, illustrating the overall impact and importance of the findings of the research, and setting out questions for future research.
Rezensionen / Stimmen
Internally Displaced Persons and International Refugee Law investigates the protection of internally displaced people in and beyond refugee law. * Silvia Steininger, Helga Molbaek-Steensig, European Journal of International Law * This book interrogates the relationship between international refugee law and the legal regime as it relates to IDPs, exploring synergies but also possible conflicts between the two areas of law. In addition to addressing timely debates, Dr Ni Ghrainne's book is noteworthy for its meticulous research and methodology. Ostensibly a refugee law scholar, Dr Ni Ghrainne is, I suspect, a Public International Law scholar at heart, and she brings an impressive doctrinal knowledge of that broader field to bear on her specialist area. Furthermore, she is alive to what States - and UNHCR - actually do, mindful of the importance of State practice in the formation of customary international law. In short, this book makes a significant contribution to knowledge and scholarship, filling the void in the literature on the precise relationship between international refugee law and the law relating to IDPs. * Dr Ciara Smyth, Irish Centre for Human Rights, University of Galway * This is an excellent book that refreshes a first detailed analysis of the relationship between the protection of Internally Displaced Persons (IDPs) and international refugee law. Dr Brid Ni Ghrainne must be congratulated for her unique scholarly approach... she provides a sophisticated analysis of the legal and normative relationship between IDPs and refugees, of the extent to which an individual's real risk of internal displacement in their country of origin is relevant to the qualification and cessation of refugee status, and whether the availability of IDP protection may entail an alternative to asylum. * Chaloka Beyani, London School of Economics, former UN Special Rapporteur on the human rights of internally displaced persons 2010-2016, and former member of the Expert Advisory Group to the UN Secretary General's High Level Panel on Internal Displacement 2019-2021 * Ever since internal displacement emerged as a significant concern on the international agenda, refugee advocates and proponents of increased protection for internally displaced persons (IDPs) have grappled with the thorny question of the relationship between refugees and IDPs, and whether strengthened efforts in support of IDPs pose a risk to refugee protection. Through clear and compelling legal analysis, Brid Ni Ghrainne illuminates the implications of international refugee law for those uprooted within their own countries, convincingly demonstrating that the international frameworks developed since the 1990s to protect IDPs do not undermine refugee law. This book is essential reading for anyone concerned about the protection of those forced from their homes, whether they be refugees or internally displaced persons. * Megan Bradley, Associate Professor and William Dawson Scholar, Political Science and International Development Studies, McGill University * While internally displaced persons and refugees often face similar challenges, they differ fundamentally in legal terms. While the latter enjoy international protection, the former remain subject to the jurisdiction of their own government. Brid Ni Ghrainne's original study of the relationship between refugee law and the evolving legal regime pertaining to IDPs fills an important gap. It is a highly relevant contribution not only to the study of UNHCR's mandate and the interpretation of the 1951 Refugee Convention but also to the still under-researched field of internal displacement. * Walter Kaelin, professor emeritus of constitutional and international law, University of Bern, and former Representative of the UN Secretary-General on the human rights of internally displaced persons * This is an exceptional piece of legal scholarship dealing with one of the most important global issues of our time. It presents an incisive and thoughtful critique of the inter-relationship between the emerging law of internal displacement and the more established field of refugee law. It is no small feat to effectively present such a discussion in an accessible manner, yet Dr Ni Ghrainne masterfully achieves this. It is a fascinating, thought-provoking, and highly-recommended read, which speaks not only to law but also to how we define, value and protect human life. * Dr Ben Hudson, Lecturer in Law, University of Exeter * This monograph is an important milestone in the study of internally displaced persons' (IDP) protection. Ni Ghrainne's book brilliantly helps us understand how the legal and institutional framework of IDP protection has developed and interacts with international refugee law, complementary protection, and the internal flight alternative. She convincingly demonstrates that the increase in IDP protection does not, as a matter of law, undermine refugee protection. Given its extremely insightful, thorough, and documented analysis, this monograph will certainly become an indispensable point of reference for anyone following IDP policies and, more generally, international refugee law. * Madalina Moraru, part-time Assistant Professor, Centre for Judicial Cooperation of the European University Institute, Florence, and co-director of the Centre for Migration Studies, Masaryk University, Brno *
Sprache
Verlagsort
Zielgruppe
Produkt-Hinweis
Fadenheftung
Gewebe-Einband
Maße
Höhe: 239 mm
Breite: 161 mm
Dicke: 20 mm
Gewicht
ISBN-13
978-0-19-886844-6 (9780198868446)
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Schweitzer Klassifikation
Brid Ni Ghrainne is an Assistant Professor in Law at Maynooth University; Senior Researcher at the Judicial Studies Institute, Masaryk University; Senior Affiliate and Lecturer at the Refugee Law Initiative, University of London; Senior Non-Resident Fellow at the Institute of International Relations Prague; and Visiting Research Fellow at the University of Reading. She holds a DPhil from the University of Oxford; an LLM in Public International Law from Universiteit Leiden; and a BCL (International) from the National University of Ireland, Galway. She has published widely on the topics of forced migration and human rights law.
Autor*in
Assistant Professor in LawAssistant Professor, Maynooth University
1: Introduction
2: The Relationship between Internally Displaced Persons and Refugees
3: Legal and Institutional Protection of Internally Displaced Persons
4: Internal Displacement and the Internal Protection Alternative
5: The UN High Commissioner for Refugees' Involvement with Internally Displaced Persons: Undermining International Refugee Law?
6: Article 1D of the 1951 Refugee Convention and Internally Displaced Person
7: Conclusion
Bibliography
