'The IDP in international law'? Developments, debates, prospects

Abstract

Unlike refugees and other special interest groups under international law, the protection of internally displaced persons (IDPs) tends to be viewed as a matter of policy rather than law. Indeed, the 1998 United Nations Guiding Principles on Internal Displacement take the form of mere 'soft' law. Yet, the 20 years that have passed since their drafting call for a reassessment of this field. Using the issue of IDP returns as an example, this article draws on a diverse set of developments to argue that a distinct field of IDP law is now emerging. It suggests that this has intriguing implications for apparently long-settled debates about IDP protection, its relationship to refugee protection, and its connection to other bodies of international law.