Preventing the Forcibly Displaced from Returning as Persecution and Inhumane Act under International Criminal Law and the Rome Statute

Preventing the forcibly displaced from returning to the territory from which they were unlawfully expelled has not received adequate attention under international criminal law. This article addresses this gap by focusing on denial of return as a crime against humanity. It evaluates international criminal jurisprudence including the proceedings concerning the Rohingya and evolving human rights standards to show that prevention from returning is a serious and continuing denial of fundamental human rights which inflicts great suffering. As such, it may qualify as persecution and/or an inhumane act under the Rome Statute. The ramifications of this on the temporal and territorial jurisdiction of the International Criminal Court and the principle of legality are important especially in situations of protracted displacement. The article demonstrates that although criminalisation of denial of return is not a panacea, it is instrumental in tackling forced displacement which affects millions across the world

Crimes against humanity · Criminal law · Criminology · Denial · Human rights · International law · Jurisdiction · Persecution · Political science · Principle of legality · Sociology · Statute · War crime · Asian Geopolitics and Ethnography · Global Peace and Security Dynamics · International Law and Human Rights · Law · Psychology

• The Denial of the displaced Palestinians’ Right of Return

  Open Access•Mohammad Yousef•Journal of Islamicjerusalem Studies•2026

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