Forcible Displacement Throughout the Ages

Towards an International Convention for the Prevention and Punishment of the Crime of Forcible Displacement

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Forcible displacement transforms cultures and can even lead to their destruction. Beginning with the origins of the human species millions of years ago and ending up in our present day era, this book analyses examples of forcible displacement in order to examine the crime in its many different forms. The legal contours of the crime receive a comprehensive treatment, including the experience of the international tribunals and decades of scholarly work in the area. The authors suggest that a paradigm shift is needed in order to bring development-induced displacement into the mainstream discourse on forcible displacement. The book concludes with a proposal for a new convention for the prevention and punishment of the crime of forcible displacement.

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Grant Dawson, Juris Doctor (1999), Georgetown University Law Center, is a Legal Officer at the United Nations International Criminal Tribunal for the former Yugoslavia. A member of the bars of New York and Washington, DC, he has published several articles on international criminal law.

Sonia Farber, Juris Doctor (2010), Berkeley School of Law, is an Associate practicing in the International Dispute Resolution Group at Debevoise & Plimpton, LLP. She is a member of the bar of New York and author of Forgotten at Guantanamo: The Boumediene Decision and Its Implications for Refugees at the Base Under the Obama Administration, published in the California Law Review (2010).
"Grant Dawson and Sonia Farber’s book calls attention to an important set of questions related to forced migration. The authors should be commended for dealing in a single book with questions as diverse as the protection of refugees and internally displaced persons, regulations on development induced displacement and resettlement and the international criminal law addressing the crime of forcible displacement."
-Beno|“t Mayer, University of Singapore
About the Authors; Foreword; Acknowledgements; Introduction;
Chapter One The Origins of Humanity, Agriculture, and Intrahuman Armed Conflict
Chapter Two Examples of Forcible Displacement
1. The Sack of Troy: A Mytho-Historic Account;
2. The Babylonian Captivity: Displacement in the Ancient World;
3. The Muslim Conquest of North Africa: The Dispersement of the Berbers;
4. The Incas: An Early Example of Mass Population Transfer for Territorial Gain;
5. The Moors: Expulsion for Religious Purposes;
6. The Highland Clearances: Displacement in the Name of Economic Progress;
7. Aborigines in Australia: A Story of Land Dispossession and Violence;
8. Crimean Tatars in the former USSR: Ethnically Motivated Displacement in the Name of Politics;
9. The Bangladesh War of Independence: Conflict and Displacement;
10. The Three Gorges Dam: Justifying Displacement in the Name of Progress;
Chapter Three Law of Forcible Displacement
1. Definitions;
1. The Nuremberg Trials: Early Attempts to Legally Define Forcible Displacement;
2. Humanitarian Law ;
3. Human Rights Law;
4. Regional Human Rights Treaties;
5. Soft Law Instruments;
6. Security Council Resolutions;
7. The International Court of Justice;
Chapter Four The Modern Tribunals
1. The International Criminal Tribunal for the former Yugoslavia: The Great Experiment;
2. The Rwanda and Sierra Leone Tribunals;
3. The International Criminal Court;
Chapter Five Shifting the Displacement Paradigm from Compartmentalisation Towards Inclusion
1. The Debate upon IDP Protection;
2. The Debate upon the Revitalisation of Refugee Law;
3. Displacement as an Element of Ethnic Cleansing or Genocide;
4. Case Studies of Conflict-Related Displacement;
5. Development-Induced Displacement;
Chapter Six Broadening the Concept of Forcible Displacement to Include Development-Induced Displacement
1. Development and Its Costs;
2. The Inclusion of Development-Induced Displacement within the Human Rights Law Discourse;
3. Regions Affected;
4. Existing Institutional Protections;
5. International Instruments Prohibiting Development-Induced Displacement;
Chapter Seven A Contemporary Domestic Case Study Forcible Displacement in Colombia
1. A Short History;
2. Causes and Consequences;
3. Limitations of the Current Structures;
4. Departure-Oriented Versus Arrival-Oriented Displacement;
Chapter Eight A Proposal for an International Convention to Prevent and Punish Forcible Displacement
1. Recent Developments in International Institutions Regarding Forcible Displacement;
2. The Next “First Step” in Comprehensively Addressing Forcible Displacement;
3. Concluding Remark;
Appendix Proposed International Convention on the Prevention and Punishment of the Crime of Forcible Displacement; Index.
Academics, students, and practitioners of international humanitarian law, international human rights law, and international criminal law, as well as educated laypersons interested in the history and legal aspects of forcible displacement.