چکیده:
One of the important issues that has attracted the attention of international community and with which the world in 21th century is confronted in recent years is displacement crisis. Nevertheless, the study of rights of “Displaced Persons” in international instruments shows that they are not still under the protection of legal system and just enjoy the protection of general protections existed in human rights law, humanitarian law and international criminal law that are insufficient and selective. This necessitates more and active intervention of the UN human rights system. But, owing to the fact that the duties of states toward individuals are part of erga omnes obligations and even in some cases fall under jus cogens, the present research by using descriptive-analytic method, while studying and analyzing the obligations of states towards displaced persons came to this conclusion that of the most significant obligations of states are first obligation to protect and prevent the development of displacement and then obligation to accept the displaced persons. Therefore, it seems that displacement in the emergency conditions can be considered a right for individuals and an international obligation for states. consequently, the violation of rights of displaced persons may cause the international responsibility for the wrongdoer state. In addition, a study of the displacement status in the world shows that Islamic countries are mostly exposed to the displacement crisis (more than two-thirds of the world's displaced population belongs to these countries), which is mainly due to violence and internal conflicts, which in most cases are rooted in tribal, racial and religious issues.
خلاصه ماشینی:
For this purpose, the present research, using a descriptive-analytical method and utilizing documentary studies, attempts to first refer to the concept of the displaced person and its distinction from other groups, then address the reasons for displacement, and subsequently, by taking into account relevant international documents, examine the rights of displaced persons as well as the obligations of states towards them and in provide an overview of the status of displacement in the world and Islamic countries and present the existing obligations in Islamic law.
Internally Displaced Persons It is stated in the United Nations Guiding Principles on Internal Displacement (1998): "Internally displaced persons are persons or groups of persons who have been forced to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, generalized violence, human rights violations or natural or man-made disasters, and who have not crossed an internationally recognized border" 1.
Furthermore, while international judicial practice, through its decisions and opinions, plays an essential role in the process of norm-setting and legalization in international law (Zarif and Sajjadpour, 1393: 147), it is evident that the issue of displaced persons is of such importance that even states, in support of stateless persons, refugees, and victims of violations of human rights and humanitarian law norms, can provide protection to these individuals under certain conditions (ICJ Report, 1970, Para 33).
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