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With millions of individuals around the world affected by the consequences of armed conflict and displacement, the need for a stronger, more coherent and effective legal framework relating to the right not to be displaced, to return home and to property restitution becomes even more compelling. This volume combines critical comparative perspectives on questions relating to displacement cause by armed conflict on the basis of national and international law.
The book provides a number of selected case studies from Europe, Africa and the Americas enabling the identification of common legal principles as well as state practice relating to displacement. The book particularly focuses on whether a right not to be displaced and to return home as well as to property restitution exists in contemporary international law. To this effect, the collection provides in-depth analysis of how international human rights and humanitarian law, international criminal law and the law on state responsibility may be utilised to effectively protect an individual before and after displacement but also to identify the corresponding legal obligations of both states and non-state actors in this respect.