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Chapter 9. Ethnic Cleansing: Applicable Norms, Emerging Jurisprudence, Implementable Remedies

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Chapter Summary

The phenomenon of ethnic cleansing in Kosovo and in the former Yugoslavia is not the first manifestation of forced population transfers in the twentieth century of refugees. As demonstrated, forced population transfers continue to occur, despite the fact that international legal norms and jurisprudence condemn the practice. What is necessary is the machinery to ensure compliance with these norms and to grant effective remedies to the victims of forced population transfers. A strong political will of the international community will be necessary to translate law into action and to make the phenomenon of population transfers a thing of the past. In the meantime the international community should take concrete measures to prevent the recurrence of forced population transfers and to provide remedies for victims of expulsion or displacement.

Keywords: emerging jurisprudence; ethnic cleansing; forced population transfers; implementable remedies; international community; international legal norms; Kosovo; Yugoslavia



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