Chapter I. Post-Conflict Property Restitution For Refugees And Displaced Persons Under International Law

Abstract

International law protects the right of refugees and displaced persons to return voluntarily to their country or place of origin. A number of sources are cited in support of the emergence of a right to post-conflict property restitution. It is said to derive from the recognition of a rights based approach of refugees and displaced persons to return to their homes. Property restitution is recognized as central to remedying past injustices and as an indispensable component of reconciliation, economic development and overall stability. In some post-conflict settings there has been both international and local resolve to address property rights issues and a variety of formal means for implementing and enforcing restitution rights including legal mechanisms mandated to address property issues and disputes have been established.Keywords: displaced persons; international law; property restitution; refugees