ABSTRACT

This chapter discusses the aspects of the relationship between international humanitarian law and refugee law. The question of whether refugees are protected by international humanitarian law has been discussed on many occasions in the International Review of the Red Cross, and there is no need to return here to an issue that is rather technical. Both as civilians and as persons who do not enjoy the protection of their government, refugees are protected by humanitarian law treaties and by customary law, in the context of both international and non-international armed conflict. International humanitarian law is based on the premise that despite the existence of armed conflict, persons not taking a direct part in hostilities must be protected and treated humanely. Concerning the prohibition of forced movement of civilians, international humanitarian law is much more explicit than international human rights law. Since the adoption of the 1951 Refugee Convention, refugee law and international humanitarian law have interacted in many ways.