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Record W2316912699 · doi:10.1093/jicj/mqu071

Melanie Jacques, Armed Conflict and Displacement: The Protection of Refugees and Displaced Persons under International Humanitarian Law

2014· article· en· W2316912699 on OpenAlexaff
Tohouindji G. Christian Hessou

Bibliographic record

VenueJournal of International Criminal Justice · 2014
Typearticle
Languageen
FieldSocial Sciences
TopicInternational Law and Human Rights
Canadian institutionsUniversité Laval
Fundersnot available
KeywordsLawRefugeeInternational humanitarian lawHuman rightsRefugee lawGeneva ConventionsInternational lawPolitical scienceDeportationConventionInternally displaced personDisplaced personCustomary international lawInternational human rights lawSociologyPublic international lawImmigration

Abstract

fetched live from OpenAlex

While the protection of so-called ‘war migrants’ falls at the junction of several branches of international law, the topic is mainly addressed from the fragmentary perspective of refugee and human rights law. This study, authored by Mélanie Jacques,1 therefore, holds the utmost importance since it adds a valuable approach to the literature on the protection of refugees and other displaced persons from the perspective of international humanitarian law. Nonetheless, despite this focus, Jacques does not evade consideration of the concurrent applicability of human rights law and humanitarian law during an armed conflict. While this analysis is important, it renders the author’s task overwhelming from the outset. Jacques deals not only with humanitarian law, but also with human rights, refugee law and even international criminal law. The book is divided into seven chapters. The first four chapters are devoted to the prohibition of forced displacement. The analysis covers relevant provisions of the Fourth Geneva Convention, particularly Article 49, which concern the prohibition of deportation and forcible transfers in international armed conflicts. The failure to include the occupying powers’ own nationals within the scope of the prohibition laid down by Article 49 is thoroughly criticized. Turning to non-international armed conflicts, Jacques sets out the similarities and differences in scope between Article 49 of the Fourth Geneva Convention and Article 17 of Additional Protocol II, which extends the prohibition of displacement to non-international armed conflicts. The author stresses that in situations of disturbance not amounting to a non-international armed conflict, and even less to an international one, human rights instruments prohibiting illegal deportation and transfers are restricted by derogative clauses applicable to public emergency. This analysis is followed by a lengthy case study on the legality of Israeli settlements in the Occupied Palestinian Territory. The international criminal responsibility arising from unlawful displacement in international and non-international armed conflicts is then addressed. In sum, although somewhat descriptive, these four chapters construe the ban of forced movement under both human rights and humanitarian law as a preventive protection for displaced individuals and its criminalization as a deterrent.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.897
Threshold uncertainty score0.348

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.001
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.029
GPT teacher head0.322
Teacher spread0.293 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2014
Admission routes1
Has abstractyes

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