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Most of all it calls for an act of displacement.
That an act of displacement might be considered pillage if both the following criteria are fulfilled: (i).
That an act of displacement might be considered pillage if both the following criteria are fulfilled: Return is not facilitated; and.
The ICRCs' [Henckaert & Doswald-Beck 2015] study of CIHL holds that parties to a conflict must avoid any act of displacement caused by their own acts, particularly those caused by acts contrary to IHL.
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The precise impact on the arts in New York from the Sept. 11 attacks is still being measured, although lost income and other acts of displacement are expected to run easily into the tens of millions of dollars, city officials have said.
If for example HLP from which civilians have been displaced is appropriated or occupied, can an act of forced displacement be considered illegal appropriation or pillage if an exception applies?
Pertinent is that a number of transitional justice scholars take the position that in order to establish the criminality of an act of forced displacement, an analysis of the conflict as it was at the time the displacement took place must be carried out (Bradley 2013; Andreu-Guzmán 2013; ICTJ Research Unit 2012).
Therefore, in legal terms, stakeholders can establish when an act of unlawful displacement should include an additional charge of pillage, if they can establish the following; a).
Establishing the illegality of an act of forced displacement, for example, may require legal analysis on a case-by-case basis.
These publications and normative frameworks, in addition, contain numerous issues which constitute gaps for protection actors attempting to reduce vulnerability to the act of forced displacement.
Moreover, the difficulties of reclaiming property, or seeking justice for an act of forced displacement in the context of transitional justice and peace agreements, further complicates civilian protection (Andreu-Guzmán 2013; Sassòli 2010; Paglione 2008; Leaning 2011; Korner 2012).
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com