NEXUS BETWEEN REFUGEE LAW AND INTERNATIONAL HUMANITERIAN LAW
International refugee law seeks to protect people who seek asylum from persecution and those
who have been recognized as refuges. It comprises of several international legal instruments-the
most important being the 1951 UN Convention Relating to the Status of Refugee. International
Refugee law is a set of rules and procedures that aims to protect, first, persons seeking asylum
from persecution and second those recognized as refugees under the relevant instruments such as
the 1951 UN Convention relating to the status of refugees, 1969 OAU Convention governing
specific aspects of refugees in Africa, The Refugee Act of 2006.
International Humanitarian Law is a set of rules which seeks, for Humanitarian reasons, to limit
the effect of armed conflict. It protects persons who are not or are no longer in the hostilities and
restricts the means and methods of warfare.
There is a conceptual parallel between international Refugee law and international humanitarian
law. Both originated in the need to address the protection of persons in the hand of which they
are not nationals. International Humanitarian law was developed to protect persons against
abuses from their own states.
The purpose of the regime of International Refugee law is to ensure that refugees receive
protection of their basic rights which they no longer enjoy in their home country. The regime
centers in the 1951 Convention and its 1967 Protocol as well as regional refugee and other
complementary protection instruments. In contrast, IHL is concerned with the regulation of
armed conflict. The principal goals, as described by the International Committee of the Red
Cross, are to protect persons and property that are or may be affected by the conflict and to limit
the right of the parties to a conflict to use methods and means of warfare of their choice.
Bourne out of the horrors of the Second world war, they are both protection regimes-one of IHL’s
aims is to minimize harm to civilians, including refugees, in times of armed conflict; while IRL
provides international protection to persons forced to cross an international border-either because
of armed conflict but in addition, IRL also provides sanctuary to persons fleeing peacetime
oppression. For the 1951 Convention- is whether the person has a well founded fear of being
persecuted for reasons of their race, religion, nationality, membership of a particular social group
or political opinion.
, Protection of refugees in armed conflict
As the protection regime of the 1951 Convention only operates either at the frontier, or once an
individual has crossed an international border, the protection of civilians inside a country at
war is the concern of IHL, and International Human Rights Law (IHRL).
Under IHL, refugees are entitled to general protection as “protected persons” or civilians, as well
as special protection owing to the recognized vulnerability of refugees as aliens in the hands of a
party to a conflict. During the Second World War the number of refugees living in the territory
of the belligerents was greater than ever before. Article 44 of the Fourth Geneva Convention
reflects a number of countries party to the Second World War making allowances for this state
of affairs by introducing laws exempting such persons from measures taken against enemy
aliens.
In other words, refugees are protected from measures of control being imposed on them solely on
a discriminatory basis with regards to their nationality.
Refugees are protected in all circumstances from transfer to a country where they may have
reason to fear persecution for political opinions or religious beliefs. Here is one of those points of
intersection – where the term “refugee” is used in Article 45 explicitly, albeit a more narrowly
described group of refugees than those later agreed under the 1951 Convention.
Further, Article 70 of the Fourth Geneva Convention, which governs the position of refugees
vis‐ à‐vis their own country of origin when it becomes the Occupying Power, is also protective,
though less relevant given the character of today’s conflicts. It essentially ensures the
continuation of asylum for refugees, and protection against prosecution or persecution by the
Occupying Power, subject to a number of exceptions.
Refugees thus enjoy special consideration under IHL due to their unique position as nationals
without the protection of their countries of origin, or potentially without the protection of their
Countries of asylum. The only exception to either the general or special protections per the
Fourth Geneva Convention would be if the person loses their protected person status through
taking part in activities hostile to the state which is viewed as compromising the security of the
state in which they are located. At the same time, the 1951 Convention continues to apply to
refugees in States parties to that instrument at or in war. From the IHL perspective, this is based
International refugee law seeks to protect people who seek asylum from persecution and those
who have been recognized as refuges. It comprises of several international legal instruments-the
most important being the 1951 UN Convention Relating to the Status of Refugee. International
Refugee law is a set of rules and procedures that aims to protect, first, persons seeking asylum
from persecution and second those recognized as refugees under the relevant instruments such as
the 1951 UN Convention relating to the status of refugees, 1969 OAU Convention governing
specific aspects of refugees in Africa, The Refugee Act of 2006.
International Humanitarian Law is a set of rules which seeks, for Humanitarian reasons, to limit
the effect of armed conflict. It protects persons who are not or are no longer in the hostilities and
restricts the means and methods of warfare.
There is a conceptual parallel between international Refugee law and international humanitarian
law. Both originated in the need to address the protection of persons in the hand of which they
are not nationals. International Humanitarian law was developed to protect persons against
abuses from their own states.
The purpose of the regime of International Refugee law is to ensure that refugees receive
protection of their basic rights which they no longer enjoy in their home country. The regime
centers in the 1951 Convention and its 1967 Protocol as well as regional refugee and other
complementary protection instruments. In contrast, IHL is concerned with the regulation of
armed conflict. The principal goals, as described by the International Committee of the Red
Cross, are to protect persons and property that are or may be affected by the conflict and to limit
the right of the parties to a conflict to use methods and means of warfare of their choice.
Bourne out of the horrors of the Second world war, they are both protection regimes-one of IHL’s
aims is to minimize harm to civilians, including refugees, in times of armed conflict; while IRL
provides international protection to persons forced to cross an international border-either because
of armed conflict but in addition, IRL also provides sanctuary to persons fleeing peacetime
oppression. For the 1951 Convention- is whether the person has a well founded fear of being
persecuted for reasons of their race, religion, nationality, membership of a particular social group
or political opinion.
, Protection of refugees in armed conflict
As the protection regime of the 1951 Convention only operates either at the frontier, or once an
individual has crossed an international border, the protection of civilians inside a country at
war is the concern of IHL, and International Human Rights Law (IHRL).
Under IHL, refugees are entitled to general protection as “protected persons” or civilians, as well
as special protection owing to the recognized vulnerability of refugees as aliens in the hands of a
party to a conflict. During the Second World War the number of refugees living in the territory
of the belligerents was greater than ever before. Article 44 of the Fourth Geneva Convention
reflects a number of countries party to the Second World War making allowances for this state
of affairs by introducing laws exempting such persons from measures taken against enemy
aliens.
In other words, refugees are protected from measures of control being imposed on them solely on
a discriminatory basis with regards to their nationality.
Refugees are protected in all circumstances from transfer to a country where they may have
reason to fear persecution for political opinions or religious beliefs. Here is one of those points of
intersection – where the term “refugee” is used in Article 45 explicitly, albeit a more narrowly
described group of refugees than those later agreed under the 1951 Convention.
Further, Article 70 of the Fourth Geneva Convention, which governs the position of refugees
vis‐ à‐vis their own country of origin when it becomes the Occupying Power, is also protective,
though less relevant given the character of today’s conflicts. It essentially ensures the
continuation of asylum for refugees, and protection against prosecution or persecution by the
Occupying Power, subject to a number of exceptions.
Refugees thus enjoy special consideration under IHL due to their unique position as nationals
without the protection of their countries of origin, or potentially without the protection of their
Countries of asylum. The only exception to either the general or special protections per the
Fourth Geneva Convention would be if the person loses their protected person status through
taking part in activities hostile to the state which is viewed as compromising the security of the
state in which they are located. At the same time, the 1951 Convention continues to apply to
refugees in States parties to that instrument at or in war. From the IHL perspective, this is based
