Alla broar är brända : Internflyktingar som skyddssubjekt, med särskild fokus på klimatförändringar samt naturkatastrofer

Detta är en Uppsats för yrkesexamina på avancerad nivå från Stockholms universitet/Juridiska institutionen

Sammanfattning: Rebuilding burned bridges with adequate access to human rights – one brick at a time. Internal displacement is a fast-growing issue which does not receive the attention it needs from the international community. This is arguably due to the perspective of international law upon internal discplacement – that it is a national problem which the affected state needs to address according to its own domestic rules and policies. At the same time, we are witnessing an ever-changing world with recurring issues relating to climate change and natural disasters. The repeated earthquakes in Syria, Turkey and Afghanistan, floodings in Ethiopia and Australia, rising sea levels which threaten the drowning of entire cities such as Venice, Khulna and Bangkok ought to be wake-up calls to the international community that climate change and natural disasters are not only of domestic concern at this point, but an international problem. The number of internally displaced persons are increasing each year, yet no binding international instrument exists to act as guidance for states when faced with the issue of internal displacement. The one aspect which differentiates the internally displaced with a refugee is the corssing of the home country border – they share vulnerabilities and needs yetare seen as two completely different situations. This is problematic as it leads the internally displaced to “fall between the cracks” of international law, meaning that there are not internationally legally binding instruments which the internally displaced can rely on. The added dimension of internal displacement due to climate change and natural disasters further complicates the problem as returning to one’s home becomes an even greater obstacle. This paper seeks to examine the standing of internally displaced persons within international law, with specific focus on internally displaced persons due to climate change and natural disasters. As there is no legally binding instrument for this group of people, the only point of reference is the Geneva Convention and the protection it demands for refugees – can the same be demanded for the internally displaced when the legal viewpoint is that this is purely of national concern?

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