Chapter

Armed conflicts and protection of refugees

Seshaiah Shasthri

An introduction to international refugee law

Leiden : M.Nijhoff, 2013

p. 159-188

English

Bibliographie : p. 187-188. - Photocopies

Contemporary practices in humanitarian law emphasise on the complementarity nature and the growing interface between international humanitarian law, human rights and international refugee law for protection of basic rights of refugees. Stress the complementary nature, and indeed the convergence of IHL, human rights and the rights of refugees as instruments for the protection of life and human dignity. Moreover, the fundamental principles of human rights and most of the provisions of IHL that protect civilians and govern the conduct of hostilities are now part of customary international law. Persons fleeing armed conflicts do not fall within the frame of refugee protection per se. National legislation, regional conventions or binding directives guarantee the protection for those individuals affected by violence in cases of armed conflicts such as the 1969 OAU Refugee Convention or the EC Qualification Directive. It is for the above said reasons one must understand the interface between IHL and international refugee law in the context of protection to the refugees and examine their relevance in addressing the said concerns.

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