Regionalizing protection: AU and ASEAN responses to mass atrocity crimes against internally displaced persons

Orchard, Phil (2016) Regionalizing protection: AU and ASEAN responses to mass atrocity crimes against internally displaced persons. Global Responsibility to Protect, 8 2-3: 295-326. doi:10.1163/1875984X-00803011


Author Orchard, Phil
Title Regionalizing protection: AU and ASEAN responses to mass atrocity crimes against internally displaced persons
Journal name Global Responsibility to Protect   Check publisher's open access policy
ISSN 1875-9858
1875-984X
Publication date 2016-01-01
Sub-type Article (original research)
DOI 10.1163/1875984X-00803011
Open Access Status Not Open Access
Volume 8
Issue 2-3
Start page 295
End page 326
Total pages 32
Place of publication Leiden, Netherlands
Publisher Brill - Nijhoff
Language eng
Abstract Forcible displacement can constitute a mass atrocity crime. This is something that is considered within the non-binding Guiding Principles on Internal Displacement. Efforts to implement the Guiding Principles at the regional level suggest one path to implement stronger legal protections for internally displaced persons (IDPs), in particular, against mass atrocity crimes. These regional processes, however, can vary in remarkable ways. In the African Union, the Kampala Convention has brought the Guiding Principles and protections against mass atrocity crimes directed at IDPs into regional hard law; it also includes robust implementation and enforcement mechanisms. At this stage, however, these mechanisms remain anticipatory rather than effective; consequently international assistance will be vital to entrench the rights anchored in the Convention. By contrast, ASEAN has introduced no overt protections for IDPs. However, its developing legal human rights framework through the ASEAN Declaration of Human Rights, coupled with the Association’s response to the Rohingya IDP crisis in Myanmar, suggests that a policy-focused change, while incremental, may be happening.
Keyword Internally displaced persons (IDPs)
Responsibility to protect (RtoP)
Guiding principles on internal displacement
Kampala Convention
Mass atrocity crimes
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: HERDC Pre-Audit
School of Political Science and International Studies Publications
 
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Created: Tue, 07 Jun 2016, 00:41:15 EST by Dr Phil Orchard on behalf of School of Political Science & Internat'l Studies