PROTECTION OF THE RIGHTS OF INTERNALLY DISPLACED PERSONS (IDPS) IN THE CONTEXT OF ARMED CONFLICT: SYNERGY BETWEEN INTERNATIONAL HUMANITARIAN LAW AND NATIONAL LEGISLATION

Abstract

This article analyses mechanisms for protecting the rights of internally displaced persons (IDPs) in the context of the armed conflict in Ukraine. The study analyses how the norms of international humanitarian law (IHL), in particular the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 1949, interact with the current national legislation on the status and rights of IDPs. Particular attention is paid to the UN Guiding Principles on Internal Displacement (1998), which, despite their recommendatory status, have become universally recognised standards in the field of protecting the rights of displaced persons. The problem of the parallel implementation of the established principles in national legislation and their application by competent state bodies in Ukraine is considered. This article recognises arbitrary displacement as a violation of IHL and international human rights law, as well as an infringement of established legal guarantees aimed at protecting internally displaced persons from forced eviction and ensuring their right to safe return to their place of permanent residence. Particular attention is paid to the analysis of international legal standards governing the prohibition of such acts, as well as to the obligations of states to prevent them and address their consequences. The article also examines how this issue is reflected in judicial practice and in the decisions of international human rights bodies concerning documented violations. The authors examine the problems of the right of persons displaced from their homes to be provided with alternative housing, mechanisms for compensation for loss or damage to property, prospects for the reintegration of IDPs in the post-conflict situation, and provide recommendations for improving the current legislation in this area. There is a need to assess the degree of harmonisation between IHL and national legislation and to develop further harmonisation initiatives that provide not only for the formal incorporation of international standards into legislation, but also for the creation of effective institutional mechanisms for their implementation. The need for inter-agency coordination and, indeed, the participation of civil society in the reintegration processes of displaced persons is emphasised.