Forcible Displacement and the Right to Return Home
The number of people forcibly displaced due to armed conflict and gross human rights violations is growing at unprecedented levels across the globe. Dr Elena Katselli argues that voluntary return must be an essential part of durable solutions.
Overview
The number of people forcibly displaced due to armed conflict and gross human rights violations is growing at unprecedented levels across the globe. It is a cause of regional and international insecurity and instability. Millions have been forced into protracted displacement, which often spans across different generations. Those affected suffer severe socio-economic consequences.
This represents a significant gap that international law has failed to effectively address.
Dr Elena Katselli aims to narrow this gap by introducing new ways of addressing denial of return. as both a serious violation of fundamental human rights and an international crime. She argues that voluntary return must be an essential part of durable solutions and its denial may be punished as a crime against humanity. She has held a visiting position in the Office of the Prosecutor at the ICC and acted as an external expert to reports adopted by the United Nations. Her work has informed international criminal proceedings before the International Criminal Court (ICC).
Research Questions
Does a right of the forcibly displaced exist under international law and how does this affect international processes relating to forced displacement?
Can denial of return be punished under the Rome Statute of the International Criminal Court?
What are the requirements for investigating and prosecuting denial of return as a crime against humanity?
.jpg)
Publications
- Katselli Proukaki, ‘Forced Displacement, Prevention from Returning and the Jurisdiction of the International Criminal Court’, 91 Nordic Journal of International Law (2022) No 3, 355-389.
- Katselli Proukaki, ‘Preventing the Forcibly Displaced from Returning as Persecution and Inhumane Act under International Criminal Law and the Rome Statute’, 22 International Criminal Law Review (2022) 401–437.
- Bashfield, E. Katselli Proukaki, ‘The Rules-Based Order, the British Indian Ocean Territory and International Law: Do As I Say, Not As I Do’, 23 German Law Journal (2022) No 5, 713-737.
- Katselli Proukaki (ed.), Armed Conflict and Forcible Displacement: Individual Rights under International Law (Routledge, London, 2018).
- Katselli Proukaki, ‘The Right Not to Be Displaced by Armed Conflict under International Law’ in E. Katselli Proukaki, Armed Conflict and Forcible Displacement: Individual Rights under International Law (Routledge, London, 2018).
- E. Katselli Proukaki, ‘The Right to Return Home and the Right to Property Restitution under International Law’ in E. Katselli Proukaki, Armed Conflict and Forcible Displacement: Individual Rights under International Law (Routledge, London, 2018).