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 Prepared by: Sheila May E. Inumerables
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 Prepared by: Sheila May E. Inumerables
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