Abstract

This article provides an analysis of the international legal framework for the protection and assistance of refugees, particularly those fleeing armed conflicts and internal disturbances. It examines the core principles of the 1951 Refugee Convention and its 1967 Protocol, but argues that this framework is often inadequate for the mass displacement scenarios typical of modern conflicts. The study explores the complementary role of International Humanitarian Law (IHL), or the laws of war, in providing protection to civilians, including refugees and internally displaced persons, in conflict zones. The research also assesses the crucial operational role of international organizations, primarily the United Nations High Commissioner for Refugees (UNHCR) and the International Committee of the Red Cross (ICRC), in providing life-saving assistance and protection on the ground. The paper concludes that ensuring the protection of refugees in conflict situations requires a holistic approach that integrates the legal regimes of refugee law, human rights law, and international humanitarian law.

Full Text

The protection of people forced to flee their homes due to armed conflict is a cornerstone of the international humanitarian system. This paper examines the legal and operational dimensions of providing protection and assistance to refugees and internally displaced persons (IDPs) in conflict situations. The analysis begins with a critical assessment of the 1951 Refugee Convention, highlighting its strengths but also its limitations, particularly its focus on individual persecution, which does not always fit the reality of mass outflows from generalized violence. To address this gap, the paper then turns to International Humanitarian Law (IHL). It explains how the Geneva Conventions and their Additional Protocols provide crucial rules for the protection of all civilians, including the displaced, from the effects of hostilities. This section details key IHL principles such as distinction, proportionality, and the prohibition of forced displacement. The third part of the study focuses on the operational challenges. It provides a detailed overview of the mandates and activities of the UNHCR and the ICRC, the two lead agencies in this field. It discusses the immense practical difficulties they face, from securing humanitarian access in active war zones to dealing with the specific protection risks faced by women and children. The findings underscore the need for a stronger synergy between the legal frameworks and the operational realities, advocating for a "protection-based" approach to all humanitarian assistance in conflict zones.