رضا حسینی شکیب

Abstract

Internal displacement is a subject that except for the last one or two decades has not received much attention in legal researches, even at the international level, and most of the researches in the field of displacement have focused on international refugees. The reason for this, of course, can be summed up in the fact that it is internal and everyone's neglect towards it. Since the late ۱۹۹۰s, especially with the approval of the guiding principles of internally displaced persons, the work on the sufferings of internally displaced persons began in a coherent manner, and remarkable achievements were made in the field of compiling documents and producing research content. The rights of internally displaced persons (IDPs), like international refugees, are not separate from the rights of other human beings, and the only issue is to pay basic attention to their special needs in the situation of homele  ess. Therefore, in order to effectively support IDPs, the need to draw up and develop special rights for this category of displaced people is obvious. Therefore, the aim of the current research is to identify and discover the materials and provisions that include the rights of internally displaced persons in the sources of the international human rights law system, along with other legal systems, and it is committed to doing this with a descriptive analytical method. In the end, the results of this research indicate serious legal gaps in guaranteeing and securing the rights of internally displaced persons. The reason for this is that most areas of support for IDPs, including guiding principles, are placed in the form of soft rights, and therefore, it has not led to the guarantee of exercising their rights under a comprehensive mechanism. In comparison with the legal protection frameworks for international refugees, which ensured the coherence of hard rights documents with the adoption of the ۱۹۵۱ Refugee Convention and the ۱۹۶۷ Additional Protocol, the rights of refugees at the global level still lack a universal and binding treaty for all governments and parties. It is relevant and this issue has hindered the adequate legal protection of internally displaced persons. Therefore, from the results of this research, it is clear that the basic and urgent need for legal protection of internally displaced persons in the current situation is to formulate and approve a comprehensive exclusive treaty and provide documentary support in hard law. This is undoubtedly an effective step in solving the acute conditions governing the chaotic situation of internally displaced persons in their current situation. This step, of course, requires subsequent steps as well, and the integration of the provisions of such a treaty into the national laws of the contracting states should be included in the articles of the treaty as a basic obligation, with the aim of more effectively guaranteeing the obligations of the states.