“The World Is Without Shelter, Without Protector”: Buddhism, the Protection of Displaced People, and International Humanitarian Law
“The World Is Without Shelter, Without Protector”: Buddhism, the Protection of Displaced People, and International Humanitarian Law

Author(s): Christina A. Kilby
Subject(s): Human Rights and Humanitarian Law, Theology and Religion, Asylum, Refugees, Migration as Policy-fields
Published by: Transnational Press London
Keywords: World; Shelter; Without Protector; Buddhism; Protection; Displaced People; International Humanitarian Law; International; Humanitarian; Law;
Summary/Abstract: Displacement is a common consequence of armed conflict that entails acute suffering and loss of protection. The prevention of displacement and the protection of displaced people are integral concerns of International Humanitarian Law (IHL), a universal body of law that seeks to limit the negative effects of war and to protect those who are not–––or no longer–––in the fight. To those ends, IHL includes provisions to prevent the unnecessary displacement of people and provides for the safety, shelter, health, hygiene, nutrition, and family unity of those displaced by conflict. While refugees (those who cross international boundaries) fall under the legal protection of the1951 Refugee Convention and the assistance of the United Nations Office of the High Commissioner for Refugees, internally displaced people (IDPs) move within the bounds of their state of citizenship or habitual residence. When that state is experiencing armed conflict, the government on which displaced people should normally rely for protection and assistance may be unable or unwilling to provide for their welfare. Furthermore, respect for the sovereignty of states can hinder international humanitarian intervention on behalf of IDPs. For this reason, IDPs are particularly vulnerable to prolonged suffering and de facto lack of protection during times of armed conflict, even though they are included in the provisions of IHL. The protection of IDPs during times of war remains a serious humanitarian challenge in every region of the world.

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