Journal of International Humanitarian Legal Studies
Volume 1, Issue 2, 2010, Pages 329-381

The Interplay between International Humanitarian Law and Refugee Law (Article)

Fernández-Sánchez P.A.*
  • a Department of Public International Law, University of Seville, Spain

Abstract

International humanitarian law (IHL) is not the sole body of international law that applies in armed confl icts. Among the diff erent legal bodies that may be subject to the simultaneous application during armed confl icts is refugee law. Th e questions considered in this article are the protection of refugees under IHL, including the right of non-refoulement during armed confl icts. Th e cumulative application of IHL and refugee law is another focus of analysis. Th is article deals with inter alia the reinforced extension of alien rights to refugees during armed confl ict, the possibility to grant refugee status to new actors which appear during armed confl ict, the obligation to disarm and separate armed elements, the forced transfer of refugees for military or humanitarian reasons, and the right of ex-combatants to be treated as civilian refugees once they have disarmed and their legal status can be determined. © 2011 Koninklijke Brill NV, Leiden, The Netherlands.

Author Keywords

displaced persons security of refugee camps refugee law non refoulement during armed conflicts International humanitarian law transfers of refugees

Index Keywords

[No Keywords available]

Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-84941787280&doi=10.1163%2f187815211X560988&partnerID=40&md5=42b0e0cf8ade977ad9c9a4c63000a93c

DOI: 10.1163/187815211X560988
ISSN: 18781373
Cited by: 2
Original Language: English