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International protection of internally displaced persons - A field study of internal displacement and available protection in the Republic of South Sudan

Jörnrud, Martin LU (2012) JURM02 20122
Department of Law
Abstract
This thesis examines if international law and its protection mechanisms satisfactorily address the protection needs of internally displaced persons (IDPs). At the end of 2011, around 25 million people around the world were internally displaced by armed conflict, generalized violence and human rights violations. In contrast, the number of refugees was approximately 16 million. In spite of the fact that the number of IDPs is nearly twice that of refugees and that they face the same human rights violations, IDPs do not enjoy the same level of attention and protection from the international community.

To identify the main areas where protection is needed, part of the information gathering process for this thesis was conducted as a field... (More)
This thesis examines if international law and its protection mechanisms satisfactorily address the protection needs of internally displaced persons (IDPs). At the end of 2011, around 25 million people around the world were internally displaced by armed conflict, generalized violence and human rights violations. In contrast, the number of refugees was approximately 16 million. In spite of the fact that the number of IDPs is nearly twice that of refugees and that they face the same human rights violations, IDPs do not enjoy the same level of attention and protection from the international community.

To identify the main areas where protection is needed, part of the information gathering process for this thesis was conducted as a field study in the Republic of South Sudan. The thesis compares existing needs and available protection provided by international law by mapping the protection needs of IDPs. This exercise allowed for potential gaps regarding the protection of IDPs to be indentified and analyzed. An important element of any legal protection is the existence of effective monitoring and implementations mechanisms. Consequently, the study also examines how the institutional protection of IDPs is constructed at the international level. As a final issue, and due to its potential effects concerning the protection of the internally displaced, this thesis also studies the perceived fragmentation of international law and its impact on IDP protection. More precisely, the relationship between international human rights law and international humanitarian law, the two main bodies of law protecting IDPs, is explored. Possible effects of conflicting norms are identified and discussed.

The thesis demonstrates that existing international legal and institutional protection are inadequate when compared with the protection needs of IDPs. The thesis also establishes that the lack of implementation regarding existing provisions and norms providing protection for IDPs should be the main concern of the international community. Through an analysis of the parallel applicability of international human rights law and international humanitarian law, it is concluded that the bodies of norms operate in a complementary manner and that the existence of conflicting norms has a very limited effect on the protection of IDPs. (Less)
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author
Jörnrud, Martin LU
supervisor
organization
course
JURM02 20122
year
type
H2 - Master's Degree (Two Years)
subject
language
English
id
3159781
date added to LUP
2012-12-06 09:22:35
date last changed
2012-12-06 09:22:35
@misc{3159781,
  abstract     = {This thesis examines if international law and its protection mechanisms satisfactorily address the protection needs of internally displaced persons (IDPs). At the end of 2011, around 25 million people around the world were internally displaced by armed conflict, generalized violence and human rights violations. In contrast, the number of refugees was approximately 16 million. In spite of the fact that the number of IDPs is nearly twice that of refugees and that they face the same human rights violations, IDPs do not enjoy the same level of attention and protection from the international community.

To identify the main areas where protection is needed, part of the information gathering process for this thesis was conducted as a field study in the Republic of South Sudan. The thesis compares existing needs and available protection provided by international law by mapping the protection needs of IDPs. This exercise allowed for potential gaps regarding the protection of IDPs to be indentified and analyzed. An important element of any legal protection is the existence of effective monitoring and implementations mechanisms. Consequently, the study also examines how the institutional protection of IDPs is constructed at the international level. As a final issue, and due to its potential effects concerning the protection of the internally displaced, this thesis also studies the perceived fragmentation of international law and its impact on IDP protection. More precisely, the relationship between international human rights law and international humanitarian law, the two main bodies of law protecting IDPs, is explored. Possible effects of conflicting norms are identified and discussed.

The thesis demonstrates that existing international legal and institutional protection are inadequate when compared with the protection needs of IDPs. The thesis also establishes that the lack of implementation regarding existing provisions and norms providing protection for IDPs should be the main concern of the international community. Through an analysis of the parallel applicability of international human rights law and international humanitarian law, it is concluded that the bodies of norms operate in a complementary manner and that the existence of conflicting norms has a very limited effect on the protection of IDPs.},
  author       = {Jörnrud, Martin},
  language     = {eng},
  note         = {Student Paper},
  title        = {International protection of internally displaced persons - A field study of internal displacement and available protection in the Republic of South Sudan},
  year         = {2012},
}