A/HRC/42/CRP.5 “those suspected of preparing genocide, or reasonably suspected of harbouring specific intent”.549 9. Impossibility of return 244. International law affords persons displaced from their country the right to voluntary, safe, dignified and sustainable return to their country of origin.550 These principles are embedded in the obligation of non-refoulement. The four elements reflect the basic provisions of international human rights law that protect the humanity and dignity of all people. Return on this basis is also a rule of international humanitarian law.551 Assisting with voluntary, safe, dignified and sustainable repatriation of refugees was a founding purpose of UNHCR.552 245. The requirement of voluntariness has been interpreted by UNHCR as involving the individual making a free and informed choice.553 Repatriation must also provide individuals with physical, legal and material safety and efforts towards reconciliation, including nondiscriminatory access to services, access to means of survival and basic services in early stages of return, the promotion of equity between displaced persons and local residents, and an enabling legal framework to ensure, for example, citizenship, property, registration and documentation.554 Voluntariness, safety and reconciliation are critical for ensuring that the return is safe and sustainable and that the Government and neighbouring communities are prepared to accept and facilitate the reintegration of those returning. 246. The Guiding Principles on Internally Displaced Persons (Guiding Principles) provide authoritative guidance on how States should protect people from displacement within their borders and protect people during such displacement. They provide standards for return, resettlement and reintegration.555 Though not legally binding, they reflect and are consistent with international human rights law, international humanitarian law and analogous refugee law. They also restate the relevant principles applicable to IDPs, clarify any areas of uncertainty and address the protection gaps.556 Similar to human rights, refugee and international humanitarian law, under Principle 28, Myanmar must establish conditions and provide the means that allow IDPs “to return voluntarily, in safety and with dignity, to their homes or places of habitual residence, or to resettle voluntarily in another part of the country”. Principles 28 also provides that those authorities must endeavour to facilitate the reintegration of IDPs and should “ensure the full participation” of IDPs in the “planning and management of their return or resettlement and reintegration”.557 247. When assessing the situation of the displaced Rohingya inside and outside Myanmar’s borders in the context of the right to voluntary, safe, dignified and sustainable 549 550 551 552 553 554 555 556 557 78 ICJ, Case Concerning Application of the Convention on the Prevention and Punishment of Genocide, Bosnia Herzegovina v. Yugoslavia (Serbia and Montenegro), Judgment, 27 February 2007, para. 431. See, also, ICJ, Case Concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Yugoslavia (Serbia and Montenegro), Provisional Measures, Order of 8 April 1993, para. 52 (In its provisional measures order, the Court ordered the Federal Republic of Yugoslavia (Serbia and Montenegro) to “take all measures within its power to prevent commission of the crime of genocide.”) UNHCR Executive Committee, Conclusion, No. 40 (XXXVI) – 1985 – Voluntary Repatriation. See, also, UNHCR, Handbook for Repatriation and Reintegration Activities, May 2004, available at https://www.refworld.org/docid/416bd1194.html; UNHCR Executive Committee, Conclusion No. 101 (LV) – 2004 – Legal Safety Issues in the Context of Voluntary Repatriation of Refugees. See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 132 (return of displaced persons). General Assembly Res. 428 (V) (14 December 1950). UNHCR, Handbook for Repatriation and Reintegration Activities, May 2004, available at https://www.refworld.org/docid/416bd1194.html. UNHCR, Handbook for Repatriation and Reintegration Activities, May 2004, available at https://www.refworld.org/docid/416bd1194.html. See, generally, E/CN.4/1998/53/Add.2. E/CN.4/1998/53/Add.2, para. 9 (Introductory note). E/CN.4/1998/53/Add.2, Principle 28.