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Refugee Crisis and International Humanitarian Law

Introduction International Humanitarian Law (IHL) and international refugee law are distinct yet interconnected bodies of law that play crucial roles in protecting refugees and those affected by armed conflict. IHL focuses on regulating armed conflicts and minimizing harm to civilians and those not participating in hostilities, while refugee law specifically addresses the protection of individuals who have crossed international borders to flee persecution or conflict. The area of study aims to cover the intersection of refugee crises and international humanitarian law (IHL), focusing on the legal frameworks, protection mechanisms, and challenges faced by refugees in situations of armed conflict and displacement. Specifically, it explores how IHL, human rights law, and refugee law interact to safeguard the rights and well-being of refugees, including their protection from refoulement, access to basic necessities, and humane treatment


Background and Legal Framework

Refugee is a person who has left their country due to a well-founded fear of persecution due to their race, religion, nationality, membership in a particular social group, or political opinion, is outside the country of their nationality, and is unable or unwilling to use their rights due to this fear. International humanitarian law (IHL) is a set of rules that seeks, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not, or are no longer, directly or actively participating in hostilities, and imposes limits on the means and methods of warfare. IHL is also known as “the law of war” or “the law of armed conflict.”


Refugees have certain rights under the 1951 Convention and 1967 Protocol. However, even in countries that have legislation on refugees in those countries, or guaranteed in the Constitution of that country. India is not a signatory to the 1951 Convention on Refugees and its 1967 Protocol.  India treats all foreigners whether illegal immigrants, refugees/asylum seekers or those overstaying visa permits under


Foreigners Act of 1946: Under Section 3, the Central government is empowered to detect, detain and deport illegal foreign nationals.


Passport (Entry into India) Act,1920: Under Section 5, authorities can remove an illegal foreigner by force under Article 258(1) of the Constitution of India.

Registration of Foreigners Act of 1939: Under this, there is a mandatory requirement under which all foreign nationals (excluding overseas citizens of India) visiting India on a long-term visa (more than 180 days) are required to register themselves with a Registration Officer within 14 days of arriving in India.


Citizenship Act,1955: It provided provisions for renunciation, termination, and deprivation of citizenship. Further, Citizenship Amendment Act, 2019 (CAA) seeks to provide citizenship only to Hindu, Christian, Jain, Parsi, Sikh, and Buddhist immigrants persecuted in Bangladesh, Pakistan, and Afghanistan. India issued a Standard Operating Procedure (SOP) to be followed by all concerned agencies while dealing with foreign nationals who claim to be refugees. The Constitution of India also respects the life, liberty, and dignity of human beings. The Supreme Court in the National Human Rights Commission vs. State of Arunachal Pradesh (1996) held that while all rights are available to citizens, persons including foreign citizens are entitled to the right to equality and the right to life. IHL is part of public international law, which is made up primarily of treaties, customary international law and general principles of law (Article 38 of the Statute of the International Court of Justice). On 09 May 2025, Supreme Court of India said Rohingyas are Foreigners and may be dealt with as per the Foreigners Act. “India Is Not a Dharamshala”, On May 19 2025 Supreme Court Echoes Country's Struggle Amid Refugee Overload, on a Sri Lankan Tamil national seeking to remain in India after serving a seven-year sentence under the Unlawful Activities (Prevention) Act.


Challenges or Gaps

At first glance, this seems to be an orderly, managed process aiming to separate ‘economic migrants’ from ‘genuine refugees’. However, in practice grey areas exist where arbitrary judgements and obscure decision-making can determine the fate of those seeking protection and a better, safer life. It is not easy to separate economic migrants from refugees with a claim to international protection. Most of those arriving want to find a job and get on with their lives, yet they have also experienced persecution, violence and trauma along the way. The lines between their economic concerns and personal safety are hazy and blurred.


Practical issues faced by refugees

·       Making a living

·       Finding adequate and affordable housing

·       Staying safe and healthy

·       Post-traumatic stress — and ongoing trauma

·       Language and other cultural barriers

·       Continuing education (for themselves or their children)

·       Having loved ones back home

·       Being disabled

·       Getting food on the table & making a life.


Suggestions or Ways to solve the crisis

1. Opening up safe routes to sanctuary for refugees is one important solution. That means allowing people to reunite with their relatives, and giving refugees visas so they don’t have to spend their life savings and risk drowning to reach safety.


2. It also means resettling all refugees who need it. Resettlement is a vital solution for the most vulnerable refugees – including torture survivors and people with serious medical problems. Right now, 1.2 million people urgently need this lifeline.


3. World leaders also need to put saving lives first. No one should have to die crossing a border, and yet almost 7,000 people drowned in the Mediterranean alone in the two years since the first big shipwreck in October 2013. Thousands of people fleeing persecution in Myanmar suffered for weeks on board boats while Thailand, Malaysia and Indonesia bickered over who should help them in May 2015.


4. And whether they travel by land or by sea, people fleeing persecution or wars should be allowed to cross borders, with or without travel documents. Pushing people back and putting up massive fences only forces them to take more dangerous routes to safety.


5. All countries should investigate and prosecute trafficking gangs who exploit refugees and migrants, and put people’s safety above all else. Survivors whom Amnesty met in South east Asia said traffickers killed people on board boats when their families couldn’t pay ransoms. Others were thrown overboard and left to drown, or died from because there was no food and water.


6. Governments also need to stop blaming refugees and migrants for economic and social problems, and instead combat all kinds of xenophobia and racial discrimination. Doing otherwise is deeply unfair, stirs up tensions and fear of foreigners, and sometimes leads to violence even death.


7. “Financially broke” is how Antonio Guterres, the UN High Commissioner for Refugees, described UN agencies in September 2015. Wealthy countries quite simply aren’t keeping their high-profile promises to fund aid for refugees abroad.

For example, the UN has received less than half the funding it needs to support Syria’s 4 million refugees. This is now forcing 80% of refugees living outside camps in Jordan to do dangerous, degrading jobs or send their children out to beg. People are dying while governments spend billions on border control. They urgently need to guarantee full funding to alleviate refugee crises worldwide.


8. The world has a very short memory. In the aftermath of World War II, most countries agreed to protect refugees through the 1951 Refugee Convention, and through UN agencies like the UNHCR.

None of these eight solutions are impossible to achieve, if politicians listen to the millions of people saying “I welcome refugees”, and put solidarity and compassion above petty wrangling over who should host a few thousand refugees.

 

Conclusion

The refugee crisis is a complex and multifaceted issue that requires a comprehensive and coordinated response from the international community. Understanding the causes of the refugee crisis, the challenges faced by refugees, and the international response to this issue is crucial for developing effective solutions. By working together, we can provide protection and support to refugees and help them rebuild their lives.


References

 

DISCLAIMER- This article has been submitted by Mahboob Ur Rahman, trainee under the LLL Legal Training Program. The views and opinions expressed in this piece are solely those of the author.

 
 
 

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