THE CONVERGENCE OF REFUGEE LAW AND INTERNATIONAL HUMANITARIAN LAW

Abstract

One key body of international law that regulates and manages armed conflicts is the InternationalHumanitarian Law (IHL). Over time and more recently, Refugee law now equally has a concomitant andcontemporaneous application to armed warfare. This paper seeks to determine the protection and preservationof refugees under both refugee and international humanitarian law vis-à-vis the right of asylum seekers duringarmed combats. The cumulative application of IHL and refugee law is another focus of analysis. Theconvergence and divergence between refugee and international humanitarian law in protecting the rights ofdisplaced persons, noncombatants and asylum seekers during armed conflicts will be considered. This paperequally deals with, inter alia, the legal position of refugee and international humanitarian law as regards theinternational obligations of States in the areas of non -refoulement, disarmament and separation during armedconflicts. It also deals with the issue of granting refugee status to new actors, which appears during warfare,and ways to determine the right of ex-combatants and treat them as civilian refugees. This paper submits thatdespite the divergence between international humanitarian law and refugee law, their main objective is theprotection of persons during armed conflicts.