Open Access Research Article
REFUGEE PROTECTION DURING ARMED CONFLICTS: BRIDGING THE GAP BETWEEN INTERNATIONAL HUMANITARIAN LAW AND REFUGEE LAW
Abstract
Armed conflicts are among the major
causes of forced displacement, compelling millions of people to flee their homes in search
of safety and protection. Refugees
affected by armed conflicts
face multiple risks, including violence, persecution, forced displacement,
family separation, trafficking, sexual violence, lack of humanitarian assistance, and the denial
of access to asylum. International Humanitarian Law (IHL) and International
Refugee Law provide important legal protections to address these challenges.
However, the interaction between these two legal regimes remains complex and
gaps in implementation continue to affect the effective protection of refugees.
International Humanitarian Law, particularly the Geneva Conventions of
1949 and their Additional Protocols,
primarily seeks to protect civilians and persons who are no longer
participating in hostilities during armed conflicts. International Refugee Law,
particularly the 1951 Convention relating to the Status of Refugees and the 1967 Protocol, establishes specific rights and safeguards for refugees, including the
fundamental principle of non-refoulement, which prohibits returning a refugee
to a territory where their life or freedom would be threatened. Despite
their complementary objectives, differences in scope,
implementation, and
enforcement may leave refugees
vulnerable during different stages of displacement.
This
paper critically examines
the relationship between
IHL and International Refugee
Law in protecting refugees during
armed conflicts. It identifies major legal and practical gaps relating to forced displacement, access
to asylum, humanitarian assistance, border protection, and non-refoulement. The paper
also examines the challenges faced by vulnerable groups, particularly
women and children, and considers
India's approach to refugee
protection. Finally, it proposes measures to strengthen coordination
between the two legal regimes and ensure effective, rights-based protection for
refugees affected by armed conflicts.
Published Paper
Author Details
Authors: NEENALAKSHMI MRegistration ID: 1013367 | Published Paper ID: IJLRA13367Year: Oct-2026 | Volume: 3 | Issue: 7 Approved ISSN: 2582-6433 | Country: Delhi, India Page No.: 1270- 1280
Article Information
REFUGEE PROTECTION DURING ARMED CONFLICTS: BRIDGING THE GAP BETWEEN INTERNATIONAL HUMANITARIAN LAW AND REFUGEE LAW
Authors: NEENALAKSHMI M
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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