Chapter
A new focus on pursuing the economic self-reliance of Palestinian refugees and expanding
the role of host countries in service provision will have damaging consequences. Not only
will these changes perpetuate the economic exploitation of Palestinian refugee communities,
but they are also likely to bring about a trend of forcible integration and resettlement. This
will be tantamount to exempting Israel from its obligations and responsibilities towards the
displaced population. The search for durable solutions must be undertaken with reference to
Israel if Israel is to be held accountable for its violations of international law.
3
legal instruments, but rather due to a lack of political will. Efforts to reappraise international
approaches to refugee crises which focus on the drafting of additional legal frameworks
should seek to galvanize states and international organizations to politically recommit
themselves to the development and safeguarding of effective refugee protection regimes.
3.4. General Framework of International Protection
for IDPs
When safety is sought within the borders of the same country, the situation is deemed to be
one of internal displacement. Similar to refugees, the situation of IDPs is often characterized
by a failure on the part of the state of origin (or the state that exercises jurisdiction over them)
to adequately protect them. IDPs do not have a binding international instrument or body that
is exclusively devoted to their protection, nor does identification as an IDP confer specific
international legal status.387 This is largely due to deference to the primacy of state sovereignty
in public international law. Consequently, while the protection accorded to refugees is framed
as surrogate protection, the protection of IDPs is one of complementary protection existing in
parallel with national protection, unless national protection is not available.388
The protection regime of IDPs is grounded in international human rights law, international
humanitarian law (in situations of armed conflict), and by norms of refugee law (when
applicable). The Guiding Principles on Internal Displacement provide a purely descriptive
definition on IDPs:
“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 or in order to avoid
the effects of armed conflict, situation of generalized violence, violations of human
rights or natural human-made disasters, and who have not crossed an internationally
recognized border”.389
387
The single existing binding instrument aimed at protecting IDPs, the Kampala Convention, has only regional
coverage. It has been signed by 39 African states and ratified by 22. See African Union, African Union Convention
for the Protection and Assistance of Internally Displaced Persons in Africa (adopted 23 October 2009, entered into
force 6 December 2012) <https://au.int/en/treaties/african-union-convention-protection-and-assistance-internallydisplaced-persons-africa> accessed 3 October 2022.
388
Catherine Phuong, The International Protection of Internally Displaced Persons (Cambridge University Press 2004), 25.
389
OCHA, Guiding Principles (n 325).
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