This is a research poster presentation of 1000 words . It has to be anlytical. No AI generated responses. This does not include references.
Please use these refrences refering to OSCOLA guidelines.
International Review of the Red Cross (2001) No.843, Special issue: 50th Anniversary of the Refugee Convention. The Protection of Refugees in Armed Conflict
(available at ICRC website: www.icrc.org): in particular the articles by Brett and Lester, Contat Hickel, Forsythe, Jaquemet, Kälin and Krill
Sassòli, Bouvier and Quintin, Vol.1, 226-230
Henckaerts and Doswald-Beck, Ch.38
J. Willms, ‘Without order, anything goes? The prohibition of forced displacement in non-international armed conflict’, (2009) 91 International Review of the Red Cross 547-565
https://www.icrc.org/eng/assets/files/other/irrc-875-willms.pdf
Henckaerts and Doswald-Beck, Ch.38 – Rules 129-133
F. Boucher-Saulnier, The Practical Guide to Humanitarian Law
https://guide-humanitarian-law.org/content/index/
Goldman, “Codification of International Rules on Internally Displaced Persons”, (1998) IRRC No.324, 463-466
Lavoyer, “Refugees and Internally Displaced Persons: International Humanitarian Law and the Role of the ICRC”, (1995) IRRC No.305, 162-180
Lavoyer, “Guiding Principles on Internal Displacement”, (1998) IRRC No.324, 467-480
R. Piotrowicz and C. van Eck, “Subsidiary Protection and Primary Rights”, (2004) 53 International and Comparative Law Quarterly pp107-138, esp. 131-136
H. Storey, “Armed Conflict in Asylum Law: the “War-Flaw””, (2012) 31 Refugee Survey Quarterly 1-32
https://academic.oup.com/rsq/article/31/2/1/1572594
Who are refugees?
Situations that cause refugees:
Internal political circumstances
Natural disaster
Armed conflict – international and non-international – population movements –forced deportation and internal displacement
Definition of a refugee:
Convention Relating to the Status of Refugees 1951
Art 1A(2): a refugee is anyone who
…owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country…
OAU: Convention on the Specific Aspects of Refugee Problems in Africa 1969
Art 1 (1) – as above
Art 1(2):
The term ‘refugee’ shall also apply to every person who, owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part of the whole of his country of origin or nationality, is compelled to leave his place of habitual residence in order to seek refuge in another place outside his country of origin or nationality.
Principle of non-refoulement
Refugees Convention, Art 33(1):
No Contracting State shall expel or return (‘refouler) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.
UNHCR, Guidelines on International Protection No.12:
Claims for Refugee Status related to Situations of Armed Conflict and Violence under Article 1A(2) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees and the Regional Refugee Definitions, 2 December 2016
https://www.refworld.org/docid/583595ff4.html
Geneva Conventions
As civilians, generally entitled to same basic protections as other civilians.
GCIV, Arts 35-46 – aliens in the territory of a party to an armed conflict
GCIV, Art 44 – refugees with nationality of enemy State not to be treated as enemy aliens if they do not have protection of any government.
GCIV, Art 45(4) – prohibition on return to a State where the individual fears persecution for political or religious beliefs
GCIV, Art 49 – prohibition on individual and mass deportations from occupied territories (a grave breach – see GCIV, Art 147)
GCIV, Art 70(2) – guarantees for those who fled to a territory subsequently occupied by their own State
PI, Art 73 – stateless persons and refugees to be treated as protected persons
GCs, common Art 3 – “persons taking no active part in hostilities”
PII, Art 17 – prohibition of forced movement of civilians
Internally Displaced Persons
– not a separate category under IHL
Guiding Principles on Internally Displaced Persons
(UN Doc. E/CN.4/1998/53/Add.2); also at Sassòli and Bouvier, p.545
Definition (para 2):
Internally displaced persons are persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border.
European Union law
Temporary Protection
Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons…
Art 2 – establishes obligation for Member States to allow aliens to stay on their territory (initially for one year):
– where there has been a mass influx of displaced persons from third countries
– who cannot return in the short term
– who have fled areas of armed conflict or endemic violence; or are at serious risk of, or have been the victims of, systematic or generalized violations of their human rights
Subsidiary Protection
Council Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 (“Qualification Directive”) on standards for the qualification of third country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast)
Article 6 Persecution can be by
o the State
o parties or organizations controlling the State or a substantial part of its territory
o non-state actors, where the State or those in control are unable or unwilling to provide protection against persecution or serious harm
o Article 15: Entitlement to subsidiary protection based on following threats, which are ‘serious harm’:
o Death penalty or execution
o Torture or inhuman or degrading treatment or punishment in the country of origin
o Serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of armed conflict
Elgafaji v. Staatssecretaris van Justitie, C-465/07, European Union: European Court of Justice, 17 February 2009: http://www.unhcr.org/refworld/docid/499aaee52.html
UN High Commissioner for Refugees, UNHCR Statement on Subsidiary Protection Under the EC Qualification Directive for People Threatened by Indiscriminate Violence, January 2008
http://www.unhcr.org/uk/protection/operations/479df9532/unhcr-statement-subsidiary-protection-under-ec-qualification-directive.html
International Criminal Law and Displacement of Civilian Population
ICTY Statute
Art 2 – power to prosecute grave breaches of GCs: para (g) – unlawful deportation or transfer of a civilian
Art 5(d) – deportation a crime against humanity
ICC Statute
Art 7(d) – deportation or forcible transfer a crime against humanity
Art 8 para.2 (a)(vii) – unlawful deportation or transfer a war crime
Art 8 para.2 X(b)(viii) – the deportation or transfer of all or parts of the population of the occupied territory within or outside the territory
