State Responsibility for Protracted Displacement: An International Legal Approach to Durable Solutions

Abstract

Abstract Since the Second World War, displacement has become increasingly protracted and return is in decline. Despite calls for greater international responsibility sharing, many displaced people are subject to a legal limbo, lacking recognition and reparation in international law. This article seeks to establish the legal contours of protracted displacement as an internationally wrongful act that can engage the responsibility of States of origin and result in redress for those displaced. The article argues that there is evidence of a customary international law right of return, which requires States to facilitate voluntary repatriation and provide restitution. Facilitation includes refraining from preventing or obstructing return, suppressing acts of retribution or discrimination, and addressing root causes of displacement. Restitution includes property restitution, compensation for material and moral damages as well as reintegration and reconciliation measures, and offering effective models for return. The article concludes that the progressive development and codification of the law on forced displacement should address temporality, the qualities of return, and the alleviation of extant crises.