Armed Conflict and Forced Migration: A Systemic Approach to International Humanitarian Law, Refugee Law and Human Rights Law

A. Clapham & P. Gaeta (eds), The Oxford Handbook of International Law in Armed Conflict, Oxford, Oxford University Press, pp. 700-734, 2014

Criminal Justice, Borders and Citizenship Research Paper No. 2308857

20 Pages Posted: 12 Aug 2013 Last revised: 28 Aug 2017

See all articles by Vincent Chetail

Vincent Chetail

Graduate Institute of International and Development Studies (HEI)

Date Written: August 12, 2013

Abstract

While sharing the same purpose of protecting individuals against abuses, international humanitarian law, refugee law and human rights law have largely evolved around their own specific sources, institutions and ethos. However a strict compartmentalization between these three branches of international law is artificial and even counterproductive for ensuring effective protection. This chapter highlights the limits of lex specialis and it calls for a systemic approach based on their cumulative application. Such an approach not only constitutes the most cogent frame of analysis for capturing the multifaceted interactions between humanitarian law, refugee law and human rights law. It also paves the way for a human rights-based approach to armed conflicts.

Keywords: humanitarian law, refugee law, human rights, armed conflict, war, lex specialis, derogation, massive influx, non-refoulement, transfer, repatriation, refugee definition, subsidiary protection

Suggested Citation

Chetail, Vincent, Armed Conflict and Forced Migration: A Systemic Approach to International Humanitarian Law, Refugee Law and Human Rights Law (August 12, 2013). A. Clapham & P. Gaeta (eds), The Oxford Handbook of International Law in Armed Conflict, Oxford, Oxford University Press, pp. 700-734, 2014; Criminal Justice, Borders and Citizenship Research Paper No. 2308857. Available at SSRN: https://ssrn.com/abstract=2308857

Vincent Chetail (Contact Author)

Graduate Institute of International and Development Studies (HEI) ( email )

PO Box 136
Geneva, CH-1211
Switzerland

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