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Protection of Internally Displaced Persons

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Internally displaced persons are "persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalised violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognised State border." (Guiding Principles on Internal Displacement, Introduction, para. 2)

International humanitarian law (IHL) is a law that is applicable in situations of armed conflict, whether international or non-international. If Internally Displaced Persons in a certain State, involved in an armed conflict then, they are considered civilians, provided they are not taking an active part in the hostilities, and as such, are entitled and should be entitled civilian protection. International Human Rights law (HRL), applicable both in times of peace and in situations of armed conflict, provides also important protection to Internally Displaced Persons.

When it comes to IHL, the law prohibits compelling civilians to leave their place of residence unless either their security or imperative military necessity render this essential. If respected, the general rules of international humanitarian law that protect civilians can prevent displacement or, should it occur, offer protection during displacement.

HRL aims to prevent displacement and ensure basic rights should it occur. The prohibition on torture, cruel, inhuman or degrading treatment or punishment, and the right to peaceful enjoyment of property and to home and family life are of particular importance for the prevention of displacement. The right to personal safety and to a home, as well as the rights to food, shelter, education and access to work offer vital protection during displacement. Many of these rights are also of relevance to the issue of return. International humanitarian law expressly prohibits compelling civilians to leave their place of residence unless either their security or imperative military necessity render this essential.

(Source: ICRC)

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