Protection of internally displaced persons in situations of armed conflict

Abstract

The main focus of this thesis is on the protection of internally displaced persons, and the fact that IDPs have not crossed an international border separates them from the protection guaranteed by refugee law making their situation indisputably more challenging from the point of view of international protection. Having remained inside their home countries, IDPs are, instead, under the jurisdiction and protection of their countries of origin. The question under examination is how and through which legal norms can internally displaced persons be protected? The thesis seeks to identify the international instruments relevant to IDP protection, and to this end, human rights, humanitarian and refugee law, as well as, some regional instruments will be examined.

The thesis concludes in finding that while national authorities have the primary duty to provide protection to IDPs within their jurisdiction, and that development of laws and policies on internal displacement is becoming exceedingly accepted among national authorities. The current protection framework consisting of international, regional and national norms and policies reflect a diversity of approaches, some more effective than others, and while there are many successes, the realisation of IDP protection still faces multiple challenges inherent in translating the developed standards on IDPs into concrete actions. Although a normative framework for IDPs has started evolving on the international and regional level, the adherence to these norms and guarantees has not been consistent.