1. Protection of Internally displaced persons (IDPS)
Overview of Instruments, Rights and standards for the Protection of Internally Displaced persons.

2. Definition of Internally displaced person
UN Guiding Principles on IDPs is the accepted definition:
IDPs are “persons or groups of persons who have been forced or obliged to flee or leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human made disasters, and who have not crossed an internationally recognized State border”.

3. Causes of displacement and Plights of IDPS
Generally internal displacement arises because of armed conflicts conducted in violation of human rights law and IHL:
Direct attacks on civilians or their property,
all forms of ill-treatment of civilians,
sexual violence,
restricted or inability to access essential services,
forced recruitment in to armed groups etc.
Lack of essential needs: food, water, shelter etc.,
insecurity, killings, threats, intimidation from armed groups,
conflict with host communities,
inaccessibility to social services: health, education etc.,

4. Protection of IDPs under International law
No single international instrument on protection of IDPs.
IDPs however can be protected by international human rights instruments and IHL.
Rights under International Human Rights instruments are applicable to IDPs.
The Guiding Principles on Internal Displacement:
In 1998 then UN Commission on Human Rights noted the importance of the UN Guiding Principles on Internal Displacement, non-binding as it is.
The Guiding Principles widely recognized and supported internationally and many States have domesticated the principles.
Guiding Principle: States have the primary responsibility to prevent displacement, to protect and assist IDPs and to provide durable solutions to their plight
Guiding Principles: States should develop and implement IDP policy, law, institutional structures and processes capable of responding to IDP needs and vulnerabilities.

5. Protection of IDPs under IHL
Definition of IHL
IHL: Also known as the laws of war or the laws of armed conflict are a set of rules and principles which aims, for humanitarian reasons, to limit the adverse effects of war.
They protect persons who are not or are no longer directly participating in hostilities.
They also regulate means and methods of war by restricting means and methods to be applied.
IHL therefore sets minimum standards of behaviour that apply in situations of armed conflict and occupation.
Objective: protect civilian populations and their property.
IHL contains rules and standards for the prevention of displacement and the resultant suffering it causes and for providing assistance to IDPs at all stages of their displacement: flight, settlement, and return.

6. Protection of IDPS under IHL.
IHL contained in the Four Geneva Covenants of 1949 in particular the Fourth Geneva Convention (GC IV and the 1977 Additional Protocol I and II (AP I and II) and in Customary International Humanitarian Law (CIHL) have provisions that can be applied to protect IDPs.
States have the obligation to domesticate and implement IHL and CIHL particularly Articles that prohibit displacement, non discrimination, require protection of civilians, respect for various human rights etc.

7. Key IHL Instruments.
The Hague Regulations- Convention IV respecting the Laws and Customs of War on Land,
Convention I for the Amelioration of the Conditions of the Wounded, Sick and Shipwreck members of Armed Forces at Sea, Geneva, 1949.
Convention III relative to the treatment of Prisoners of War, Geneva, 1949.
Convention IV relating to the Protection of Civilian Persons in Time of War, Geneva, 1949.
Protocol Additional to Geneva Convention of 12 August, 1949 and relating to the protection of Victims of International Armed Conflicts, (Protocol I),8 June, 1977.
Protocol Additional to Geneva Conventions of 12 August, 1949 and relating to the Protection of Victims of Non-International Armed Conflicts, (Protocol II), 8 June 1977
Protocol Additional to Geneva Conventions of 12 August, 1949 and relating to the Adoption of an Additional Distinctive Emblem, (Protocol III), 8 December 2005.

8. Protection of IDPS under IHL.
Prohibition of forced displacement and the right to return in safety:
IHL :Parties to international or national armed conflict are prohibited from forcibly displacing civilians unless demanded by the insecurity of the civilians or imperative military reasons- Refer to: GCIV Articles 49 and 147; AP I Article 85 (4) (a); APII Article 17; CIHL Rule 29; and AP I Arts 51 (7) and 78 (1) and AP II Art 4 (3) (e).
The ban includes secondary displacements or the risk to secondary displacement.
IDPs have a right to voluntarily return to their homes as soon as the reasons for their displacement ceases- See GC IV Article 49 and CIHL Rule 132.
It is a war crime under the ICC Statute-ICC Statute Arts 8(2)(a)(vii) and 8(2)(e)(viii to forcibly displace civilians.

9. Protection of IDPS under IHL.
The right to non-discrimination.
Civilians affected by armed conflict shall be treated without adverse distinction: See GC IV Articles 3, 13 and 27; AP I Article 75; AP II Articles 2 (1) and 4 (1); CIHL Rules 87 and 88.
IDPs have needs and vulnerabilities that the State has to respond to specifically.
IDPs must be treated humanely given their circumstances.
The law is that IDPS must not be subjected to discrimination:
on the basis of their displacement or for any other prohibited ground;
They should not be treated less favourably than the general population.

10. Protection of IDPS under IHL.
Protection of IDPs as part of the general civilian population.
IDPs are part of the general population.
They are entitled to protection afforded to all persons who are not or are no longer directly involved in hostilities- See GC IV Articles 4 and 27; AP I Articles 51 and 57; AP II 4 and 5; CIHL Rules 87 and 88.
They should not be the target of direct attacks unless they take part in direct hostilities.
IDP camps must be protected from attacks: AP I Article 51; AP II Article 13; CIHL Rules 1, 7, 14, 15, and 22.

11. Protection of IDPS under IHL.
Respect for life, dignity and freedom from inhumane treatment.
IDPs right to life, dignity and freedom from inhumane treatment must be protected-protected and treated humanely- GC IV Articles 3, 27, and 32; AP I Article 75; AP II 4; CIHL Rules 78 and 89:
No collective punishments- GC IV Article 33; API Article 75 (2) (d); AP II Article 4 (2) (b); CIHL Rule 103
Not to be used as human shields- GC IV Article 28, AP I Article 51 (7); AP II Article 13 (1), CIHL Rule 97.
Not to be taken or used as hostage- GC IV Articles 3, 34 and 147; AP I Article 75 (2) (c); AP II Article 4 (2) (c); CIHL Rule 96.
Not to be subjected to rape and other forms of sexual violence- GC IV Articles 3 and 27 (2); AP I Article 75 (2) (a); AP II Article 4 (2) (a) and (c); CIHL Rules
Not to be subjected to physical and mental abuse-their physical and mental wellbeing should be protected: AP I Article 75 (2) (a); AP II Article 4 (2) (a) and (c); CIHL Rules

12. Protection of IDPS under IHL.
Freedom of movement and right to choose residence
IDPs have the right to choose their place of residence and should be free to move in and out of camps or settlements.
They can be confined or allocated places of abode only if their security makes it absolutely necessary or if justified by the imperative reasons of security- GC IV Articles 42 and 78; CIHL Rule 99.

13. Protection of IDPS under IHL.
The right to adequate standard of living and humanitarian assistance and survival.
IDPS are entitled to satisfactory conditions of shelter, hygiene, health, food and nutrition, water, beddings- GC IV Article 49 (3); AP II Article17 (1); CIHL Rule 131; ICESCR Article 12.
Each party to armed conflict has the primary duty to meet the basic needs of the population under its control- GCcomm Article 3; GC IV Article 55, AP I Article 69.
Impartial organizations shave right of access to provide humanitarian assistance subject to the consent of the parties- GCcomm Article 3 and Article 9/9/9/10; AP II Article 18; GC IV Article 59. The consent cant be unlawfully denied: AP I Article 70; CIHL Rule 55.
Parties to armed conflict are prohibited from:
Attacking, destroying or removing objects essential for the survival of civilians e.g. foodstuffs, crops, livestock, drinking water supplies- AP I Article 54 (2); AP ii Article 14; CIHL Rule 54.
Starving civilian population as a method of war- AP I Article 54 (1); AP II Article 14; ICC Statute 8 (2) (b) (XXV); CIHL Rule 53.
Parties to armed conflict shall provide and ensure IDPs access essential medical services without discrimination:
The wounded and the sick should access medical care and attention to the extent possible. Medical personnel, facilities and transport to be respected and not attacked- GCs Common Article 3; GC IV Articles 16, 17, 18, 20, 21, 23, 55 and AP I Articles 10-21; AP II Articles 7 (2), 8, 9, 10, 11; CIHL Rules and

14. Protection of IDPS under IHL.
The right of the family
Parties to the conflict must respect family life as far as possible, and the unity of families should be protected-GC IV Art. 27 and CIHL Rule 105:
In case of encampment or detention, family members must be accommodated together (GC IV Arts 82(2) and (3); AP I Art. 75(5); AP II Art. 5(2)(a)).
Measures must be taken to ensure that those displaced are not separated from their family members (GC IV Art. 49(3) and CIHL Rule 131).
If family members become separated because of displacement steps must be taken to reunite them- GC IV Art. 26; AP I Art. 74; AP II Art. 4(3)(b); CIHL Rule 105.
If family members go missing, parties to the conflict must take steps to account for those missing and must provide any information they have on what happened to them-GC III Art. 122; GC IV Arts 136 and 26; AP I Arts 32 and 33; CIHL Rule 117.

15. Protection of idps under IHL
Right to Documentation
All children in occupied territories should be identified and registered; the occupying power shall take all necessary steps to facilitate this-GC IV Art. 50.
Children temporarily evacuated in international armed conflicts must be registered by the authorities AP I Art. 78(3)).
States must provide interned civilians with basic documentation, if they have none GC IV Art. 97(6).

16. Protection of IDPs under IHL.
Protection of right to property
In armed conflict situations, pillage of civilian property is prohibited-GC IV Art. 33(2), AP II Art. 4(2)(g); CIHL Rule 52), or reprisals in international conflicts-GC IV Art. 33(3), AP I Art. 52(1) and CIHL Rule 147).
Civilian objects shall not be the object of direct attacks, reprisals or indiscriminate attacks- AP I Arts 48, 51(4), 52(1) and 85; CIHL Rules 7 and 11.
The property rights of displaced persons must be respected -CIHL Rule 133. The IDPs right of voluntary return in safety to their homes or places of habitual residence is also linked to the requirement to respect their property rights.
The destruction or seizure of property of civilians or an adversary is prohibited, unless required by imperative military necessity-GC IV Art. 147 and CIHL Rule 50. To do so is a war crime under the ICC Rome Statute Arts 8(2)(b)(xiii) and 8(2)(e)(xii)).

17. Protection of IDPs under IHL.
The right to work and social protection
IDPs have a right to access employment and social security protection without discrimination.
Persons who are made to work in situations of armed conflict should do so in conditions of safety and health -GC IV Art. 40.
Unpaid or abusive forced labour is prohibited-GC IV Arts 51 and 95; AP II Art. 5(1); and CIHL Rule 95).
Slavery and the slave trade are prohibited in all their forms-AP II Art. 4(2) and CIHL Rule 94.

18. Protection of IDPs under IHL.
The right to education
During armed conflicts, children are entitled to special respect and protection, including access to education (CIHL Rule 135).
Parties to international armed conflicts must take the necessary measures to ensure that children under 15 who are orphaned or separated from their families as a result of the armed conflict are not left to their own resources and that their education is facilitated in all circumstances-GC IV Art. 24(1).
Occupying powers must also facilitate the functioning of educational facilities in occupied territories-GC IV Art. 50(1).
In the case of a justified evacuation, education - including religious and moral education - shall be provided to the child while he or she is away-AP I Art. 78(2)).
In non-international armed conflicts, children must receive an education, including religious and moral education-AP II Art. 4(3)(a)).

19. Protection of IDPs under IHL.
Protection of children from recruitment into armed forces.
Under IHL, children must not be recruited into armed forces or groups and must not be allowed to take part in hostilities-AP I Art. 77(2); AP II Art. 4(3); CIHL Rules 136 and 137).
It is a war crime to use children under 15 in hostilities-ICC Statute Arts 8 (2)(b)(xxvi) and 8(2)(e)(vii)).
The UN Optional Protocol to the Convention on the Rights of the Child, adopted in 2000, also prohibits the involvement of children in armed conflict.

20. Protection of IDPs under IHL.
The duty to respect, enforce and protect rights under IHL.
State Parties to the Geneva Conventions of 1949 and the AP I of 1977 and parties to armed conflicts must respect and ensure respect for IHL-GCs common Art. 1; AP I Art. 1(1); CIHL Rule 139).
States Parties must impose effective penal sanctions for “grave breaches” in international armed conflicts-GC I Arts 49 and 50; GC II Arts 50 and 51; GC III Arts 129 and 130; GC IV Arts 146 and 147; AP I Art. 85; and CIHL Rule 158.
States Parties must take measures necessary for the suppression of all acts against the Conventions and Additional Protocols.
Customary IHL imposes duty to investigate and prosecute all war crimes committed by their nationals or armed forces, or on their territory. They must also investigate and prosecute other war crimes over which they have jurisdiction and -CIHL Rule 158.

21. Protection of IDPs under IHL.
National implementation of IHL.
States must introduce and implement mechanisms to implement IHL at national level including with respect to IDPs.
Such measures must be taken in both wartime and peacetime, and can include measures:
For punishing violations of the IHL obligations.
For ensuring that protected persons enjoy fundamental rights and freedoms guaranteed by international human rights law and IHL during armed conflict.
Introducing new legislation or regulations.
For creating awareness and relevant educational programmes on IHL
For the recruitment or training of personnel.

22. Protection of IDPs under AU Kampala Convention on Internally displaced persons, 2009.
The African Convention for the Protection and Assistance of Internally Displaced Persons in Africa, AU, the Kampala Convention draws heavily from the UN Guiding Principles.
It is legally binding.
It outlines obligations of member states, non-state armed groups and international organizations in preventing displacement and for protecting and assisting IDPs.
Very comprehensive in coverage of issues regarding IDPs, and is a very good guide for States wishing to develop policy and law on IDPs.
In some aspects, it provides higher standards than in IHL: E.g. on safe and voluntary return; access to compensation and other forms of reparations.