III.

Refugees and Displaced Persons in

International Humanitarian Law
Displaced Persons vs Refugees
Displaced Persons
Refugees
Civilians
fleeing Those who fled FROM
WITHIN their
own their country
country
Displaced Persons
A. How are they protected?
i. IHL prohibits population displacements
ii. Same protection as other civilians
iii. Instruments:
a. Document No. 26 African Union,
Convention
for
the
Protection
and
Assistance of Internally Displaced Persons
in Africa
b. Document No. 56 Guiding Principles
on Internal Displacement
Refugee
A. Who is a refugee?
i. Every person who has a well-founded fear
of being prosecuted for reasons of race,
religion,
nationality,
membership
of
a
particular social group or political opinion, is
outside his country and unable to avail himself
of the protection of that country.
ii. Every person, who because of external
aggression, occupation, foreign domination or
events seriously disturbing public order is
compelled to leave his place of habitual
residence in order to seek refuge to another
place outside of his country of origin or
nationality
(OAU Convention, the 1984 Cartegena
Declaration
And UN General Assembly resolutions)
B. Protection granted by the IHL
1. Asylum (Art. II)
2. Prohibition of Subversive Activities (Art.
III)
3. Non-Discrimination (Art. IV)
4. Voluntary Repatriation (Art. V)
C. Protected by IHL if:
i. Third country is the adverse party in an
international armed conflict.
Geneva Convention IV Art. 44
In applying the measures of control
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mentioned in the Present Convention,

the Detaining Power shall not treat as
enemy aliens exclusively on the basis of
their nationality (de jure) of an enemy
State, refugees who do not, in fact,
enjoy the protection of any government.
ii. Third country is affected by another
armed conflict.
Geneva Convention IV Art.
70 (2) Nationals of the occupying
Power who, before the outbreak of
hostilities have sought refuge in the
territory of the occupied State, shall not
be arrested, prosecuted, convicted or
deported from the occupied territory,
except for offenses committed after the
outbreak of hostilities which, according
to the law of the occupied State, would
have justified extradition in time of
peace.
C. Loss of protection
i. Committed a crime against peace, a war
crime, or a crime against humanity
ii. committed a serious non-political crime
outside the country of refuge prior to his
admission to that country as a refugee
iii. guilty of acts contrary to the purpose
and principles of the UN
(Convention of the Status of Refugee Art. 1 (F))
Principle of Non-refoulement
- In no circumstance shall a protected person
be transferred to a country where he or she
may have reason to fear persecution for his or
political opinions or religious beliefs.
(Geneva Convention IV Art. 45)
Return of Refugees and displaced
persons at the end of the conflict
A. Displaced persons
1. It is the duty of competent authorities to
establish the conditions and provide means for
their return.
2. Refugees and displaced persons must
also endeavor or help the authorities in the
management of their return.
3. No discrimination of displaced persons.
(UN Guiding Principles on Internal
Displacement)

B. Conditions for the return

1. Detaining Power may transfer protected
persons only to a power which is party to the
convention
2. Detaining power has satisfied itself of
the willingness and ability of such transferee
power to apply present convention
3 If that Power fails to carry out the
provisions of the convention, Detaining power
shall request the return of protected persons.
(GV IV Art. 45)
Special Rules on Occupied territories
A. IHL Rules
i. Protection of Civilian Population
1. Shall not be made object of attack.
Methods intended to spread terror
among
civilian
population
are
prohibited.
2. Civilians are afforded protection
unless they actively take part in the
hostilities.
3.
Methods
which
strike
indiscriminately are prohibited.
4. Presence or movements of civilians
shall not be used for military purposes.
(Draft Additional Protocols to the GV IV
Art. 46)
ii. Protection of Civilian Objects
1. Attacks shall be strictly limited to
military objects.
2. Objects designated for civilian use
shall not be made objects of attacks
except if they are used mainly to
support military effort.
(Draft Additional Protocols to the GV IV
Art. 47)
iii. Identification
1. Each party to conflict shall ensure
that personnel, buildings and means of
transport engaged in civilian defense
task are identifiable.
2. High Contracting Parties shall issue
permanent civil defense personnel a
document attesting to their character
3. Personnel, buildings, material and
means of transport shall display the
international distinctive sign of civil
defense (equilateral blue triangle on
light orange background).
4. Parties may authorize use of
distinctive signal
5. Temporary personnel may display
international distinctive sign of civil
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defense only for the duration of their

assignments.
(Draft Additional Protocols to the GV IV
Art. 59)
iv.
Application
of
GV
provisions
regarding the protection of displaced
persons and refugees
a. Peace-time
b. all cases of declared war or any
other armed conflict
c. belligerent occupation
encountering no resistance
d. absence of sovereign of the
occupying power
(GV IV Art. 2)
Protected Persons
A. Those that are in the hands of a party
to the conflict or Occupying power of which
they are not nationals
B. Nationals of State which is bound by
the Convention
PROVIDED: State of nationality has no
normal diplomatic representation in the
receiving-State.
(GV Art. 4)
Specific Prohibitions
1. Deportations
Individual or mass forcible transfers,
as well as deportations of protected
persons from occupied territory of the
Occupying power or to that of any other
country, occupied or not, are prohibited
regardless of motive.
(GV Art. 49(1))
2. Transfer of the occupying powers own
population
Occupying power shall not deport or
transfer parts of its own civilian
population
into
the
territory
it
occupies.
(GV Art. 49(6))
3. Destruction of Property
Expulsion vs Force Displacement
Expulsion
Force Displacement
To forcibly remove a
Forcibly remove a
person
from
his
person
from
his
State
of
home to another

residence/nationality
Pertains to Refugee

place WITHIN the

State
Pertains
to
Displaced persons

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