
Contents
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1. Introduction 1. Introduction
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2. The Historical Treatment of Forced Migrants as Victims of Atrocities 2. The Historical Treatment of Forced Migrants as Victims of Atrocities
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3. Criminalizing Forced Displacement 3. Criminalizing Forced Displacement
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3.1. The role of the international tribunals and International Criminal Court 3.1. The role of the international tribunals and International Criminal Court
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3.2 Protections for the internally displaced 3.2 Protections for the internally displaced
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4. The Responsibility to Protect and Forced Migrants 4. The Responsibility to Protect and Forced Migrants
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5. Conclusion 5. Conclusion
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References References
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23 Forced Migrants and Atrocity Crimes
Get accessVictoria Colvin is Lecturer at the School of Law, University of Wollongong. She completed her doctorate at the TC Beirne School of Law, University of Queensland, in 2017. From 2001 to 2009, she was a prosecutor with the Criminal Justice Branch of the Attorney General of British Columbia, Canada. She is the co-editor, with Philip Stenning, of The Evolving Role of the Public Prosecutor: Challenges and Innovations (Routledge, 2018).
Phil Orchard is Associate Professor of International Relations at the University of Wollongong and Senior Research Fellow at the Asia-Pacific Centre for the Responsibility to Protect. He is the author of A Right to Flee: Refugees, States, and the Construction of International Cooperation (Cambridge University Press, 2014), which won the 2016 International Studies Association Ethnicity, Nationalism, and Migration Studies Section Distinguished Book Award, and Protecting the Internally Displaced: Rhetoric and Reality (Routledge, 2018). He is also the co-editor, with Alexander Betts, of Implementation in World Politics: How Norms Change Practice (Oxford University Press, 2014).
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Published:18 March 2022
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Abstract
Over the past twenty years, there has been a growth in international mechanisms to protect forced migrants who are victims of atrocity crimes. Within international criminal law, forced deportations and forcible transfers have been defined as potentially constituting both crimes against humanity and war crimes, while some forms of transfers (such as the transferring of children) may also constitute genocide. While the Refugee Convention is silent on this question, emerging soft and regional law around the issue of internal displacement has clearly defined a right not to be arbitrarily displaced and, in the Kampala Convention, African states have accepted an obligation to protect IDPs from such acts. Finally, there is a clear linkage between forced displacement and the four atrocity crimes in the Responsibility to Protect (R2P) doctrine, including through ethnic cleansing and genocide, crimes against humanity, and war crimes. These represent important steps forward to ensure that forced migrants can be protected from atrocities.
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