This article examines the value of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) in the general quest for the regional and global protection of internally displaced persons (IDPs). It contends that the absence of a globally binding legal instrument for the protection of IDPs underlines the importance of the Kampala Convention and the possible contribution it can make to global and regional efforts to create a binding legal framework for the protection of IDPs. While recognizing some challenges that may impact the full implementation of the Convention, the article concludes by noting its various positive elements that are invaluable in overall efforts to create a comprehensive global legal framework to enhance protection of IDPs.
Background The Framework of Analysis for Atrocity Crimes is a tool developed by the United Nations Office on Genocide Prevention and the Responsibility to Protect to guide the assessment of the risk of atrocity crimes 1 worldwide. This document builds upon the previous Framework of Analysis for the risk of genocide that was developed in 2009 by the then United Nations Office of the Special Adviser on the Prevention of Genocide, in order to fulfil its early warning mandate. That tool was based on the foundation laid by former United Nations Secretary-General Kofi Annan when he launched his plan of action to prevent genocide in April 2004. In the Secretary-General's words on that occasion: If we are serious about preventing or stopping genocide in the future, we must not be held back by legalistic arguments about whether a particular atrocity meets the definition of genocide or not. By the time we are certain, it may often be too late to act. We must recognize the signs of approaching or possible genocide, so that we can act in time to avert it. We badly need clear guidelines on how to identify such extreme cases and how to react to them. Such guidelines would ensure that we have no excuse to ignore a real danger of genocide when it does arise.
This chapter discusses the prevention of conflicts and protection of populations from atrocity crimes and large-scale human rights violations, which remains a primary responsibility of States. Indeed, in the 2005 World Summit Outcome Document, United Nations Member States reaffirmed their responsibility to protect populations from genocide, war crimes, ethnic cleansing, and crimes against humanity. The chapter argues that the international community cannot undertake meaningful prevention without respect for human rights and fundamental freedoms universally recognized and guaranteed by the International Bill of Rights and other international and regional instruments. As underscored by the preamble to the Universal Declaration of Human Rights, ‘recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace’. It is therefore crucial that respect for human rights is put at the heart of prevention of atrocity crimes.
My mandate as Special Adviser to the Secretary-General on the Prevention of Genocide entails four main functions that can be summarized as follows: collect information of violations that if not prevented or halted might lead to genocide; analyze it; alert the Secretary-General when I consider there is a risk of commission of the crime, and work with other partners to mitigate this risk.
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