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Lookup NU author(s): Dr Elena KatselliORCiD
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License (CC BY-NC-ND).
Just as the UN General Assembly voted to request the International Court of Justice for an Advisory Opinion on the forcible displacement of the inhabitants of the Chagos islands, there is continuing debate as to whether those forcibly displaced by armed conflict and gross human rights violations should be allowed to return home and to recover their properties. This chapter establishes that state practice and opinio juris corroborate the view that in fact, these rights are well-embedded in contemporary international customary law as fundamental human rights. The significance of recognition of these rights is not merely symbolic, but rather it has an impact on the sovereign powers of the state which no longer enjoys wide discretion to negotiate or compromise such rights, especially through peace agreements. As the chapter demonstrates, division along ethnic, racial or religious lines is no longer accepted under international law. Furthermore, whilst challenges arise from the ‘marriage’ between international humanitarian and human rights law concerning the rights to return and to restitution, this chapter argues for a harmonious interpretation for affording the strongest possible protection to the uprooted and for upholding international justice.
Author(s): Katselli E
Editor(s): Katselli E
Publication type: Book Chapter
Publication status: Published
Book Title: Armed Conflict and Forcible Displacement: Individual Rights under International Law
Year: 2018
Pages: 46-83
Print publication date: 12/03/2018
Online publication date: 05/03/2018
Acceptance date: 26/08/2016
Series Title: Routledge Research in International Law
Publisher: Routledge
Place Published: Abingdon
URL: http://www.routledge.com/9781138643338
Library holdings: Search Newcastle University Library for this item
ISBN: 9781138643338
