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Preventing the Forcibly Displaced from Returning as Persecution and Inhumane Act under International Criminal Law and the Rome Statute

Lookup NU author(s): Dr Elena Katselli

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This is the authors' accepted manuscript of an article that has been published in its final definitive form by Brill, 2022.

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Abstract

Preventing the forcibly displaced from returning to the territory from which they were unlawfully expelled has not received adequate attention under international criminal law. This article addresses this gap by focusing on denial of return as a crime against humanity. It evaluates international criminal jurisprudence including the proceedings concerning the Rohingya and evolving human rights standards to show that prevention from returning is a serious and continuing denial of fundamental human rights which inflicts great suffering. As such, it may qualify as persecution and/or an inhumane act under the Rome Statute. The ramifications of this on the temporal and territorial jurisdiction of the International Criminal Court and the principle of legality are important especially in situations of protracted displacement. The article demonstrates that although criminalisation of denial of return is not a panacea, it is instrumental in tackling forced displacement which affects millions across the world.

Publication metadata

Author(s): Katselli Proukaki E

Publication type: Article

Publication status: Published

Journal: International Criminal Law Review

Year: 2022

Volume: 22

Pages: 401-437

Online publication date: 29/11/2021

Acceptance date: 27/10/2021

Date deposited: 27/10/2021

ISSN (print): 1567-536X

ISSN (electronic): 1571-8123

Publisher: Brill

URL: https://doi.org/10.1163/15718123-bja10118

DOI: 10.1163/15718123-bja10118

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