The Legal Competence of the International Community to Create 'Safe Havens' in 'Zones of Turmoil'

In: Journal of refugee studies, Band 12, Heft 1, S. 23-35

Abstract

The plight of forced migrants has been high on the international agenda in the 1990s because of the many conflicts that have erupted in the post-Cold War period. To address the problems of forced migrants, the international community has resorted to a number of measures, including the creation of safe zones or havens or no-fly zones. Among the problems relating to the creation of such zones is the legal competence of the international community to create such zones. Explored here are the bases in international law for the creation of such zones of peace for forced migrants in the zones of turmoil without the consent of the state(s) concerned. Discussion of the existing regime of international law leads to the conclusion that the international community has the legal competence, under narrowly defined conditions, to create such safety zones for the protection of forced migrants. However, despite its competence & the rhetoric to this effect in relation to the problems in Kurdistan & Bosnia Herzegovina, the international community has failed to honor its words due to the lack of political will. 12 References. Adapted from the source document.