Evacuations as Displacement: Conceptual and Legal Challenges

Abstract This article seeks to conceptualise evacuations as a form of human mobility. Although evacuations represent a large proportion of annual global “displacement” in official figures, they are rarely analysed as such and instead tend to be viewed positively as a form of rescue – saving lives by moving people away from danger. By reorienting the orthodox starting point for evacuations – the “rescue” paradigm – this article hypothesises that while evacuations can be life-saving, they can also displace people and undermine long-term protection needs. From this perspective, evacuees are not simply passive recipients of humanitarian assistance: they are rights-holders with legal entitlements. The first part of the article explores the complexity and contradictions involved in characterising evacuations as a form of displacement, including whether there are qualitative differences between different types of displacement. Building on this, the second part examines key legal issues that arise in evacuations, including when evacuations constitute “arbitrary”, as opposed to “permissible”, displacement. In doing so, it brings into focus issues that may be obscured if evacuations are viewed predominantly as a proactive measure to move people to safety, rather than as a potential indicator of risk and vulnerability.