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The Viability Of A Convention For The Protection Of Internally Displaced Persons

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Chapter Summary

There is a wide disparity of protections available to internally displaced persons ('IDPs') and refugees. Such significant difference calls for debate as to whether the legal mechanisms available for the protection of refugees could be applied in the IDP context or whether the IDP situation warrants a different approach. This chapter first considers the different terms, then provides some global statistics on both categories, before explaining why the situation of IDPs has become of particular international concern in recent years. Subsequently, the chapter provides an overview of the protection frameworks in place, and present different views regarding the adequacy of the mechanisms available to IDPs. After reflecting on the jurisprudence of the International Criminal Tribunal for the former Yugoslavia (ICTY), it conclude as to whether an IDP convention may be considered a viable option in today's world.

Keywords: armed conflict; ICTY; internally displaced persons ('IDPs'); International Criminal Law; protection frameworks; refugees



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