In international armed conflicts refugees are covered by the rules applicable to aliens in the territory of a party to a conflict generally as well as by the safeguards relating specifically to refugees.Refugees benefit from the protections afforded by the Fourth Geneva Convention to aliens in the territory of a party to a conflict, including:the entitlement to leave the territory in which they find themselves unless their departure would be contrary to the national interests of the state of asylum;the continued entitlement to basic protections and rights to which aliens had been entitled before the outbreak of hostilities;guarantees with regards to mean of existence, if the measures of control applied to the aliens by the party to the conflict means that they are unable to support themselves.While recognising that the party to the conflict in whose control the aliens find themselves may, if its security makes this absolutely necessary, intern the aliens or place them in assigned residence, the Convention provides that these are the strictest meas ures of control to which aliens may be subjected.Finally, the Fourth Convention also lays down limitations on the power of a belligerent to transfer aliens. Moreover, as human rights bodies are often by their very nature outspoken in their establishment and condemnation of violations, a close relationship would be hard to reconcile with ICRC’s confidential modus operandi. At a minimum they include a requirement tocarry out a review of the well-foundedness of the fear expressed by the detainee by a competent tribunal;grant the individual access to refugee status determination procedures.- issues of extraterritoriality. Currently it has a presence in 80 situations of armed conflict with more than 12,000 employees. This naturally gives rise to a relationship more at arm’s length.The Office of the High Commissioner, monitoring bodies and the Commission on Human Rights, where the ICRC has observer status, are increasingly addressing international humanitarian law in both country and thematic work and, where appropriate, the ICRC provides informal expert advice on international humanitarian law.

Different criteria determine the existence of these types of conflict, which are regulated by different rules.These are conflicts opposing two or more states. The extent, if at all, these are compatible with non-refoulement is far from clear.Moreover, the ICRC faces the risk of becoming part of the diplomatic assurances “deal” and thus giving it an element of legitimacy, when the sending state – without the ICRC's consent – requires the receiving state to the ICRC's monitoring the detention of any returned persons.Why do I tell you all of this?

At the same time, the efforts to prevent further acts of terrorism and to bring suspects to justice have put existing legal framework of protection under strain.

it is notes that the fight against terrorism has led to a re‐examination of the balance between state security and individual protections ... customary – treaty law and practice”, Yearbook of International Humanitarian and Refugee Law, Vol. 39 0 obj<> endobj Moreover, the determination and acceptance of the existence of a non-international conflict is an extremely sensitive political issue.Finally, who makes the determination of existence of an armed conflict?

The International Law Handbook was prepared by the Codification Division of the Office of Legal Affairs under the United Nations Programme of Assistance in the Teaching, Study, Dis- semination and Wider Appreciation of International Law, pursuant to General Assembly resolu- However, it may be an indirect evidence of the existence of such a situation, for example if the resolution calls upon the parties to the conflict to respect the Geneva Conventions – whose application, of course, presupposes the existence of an armed conflict.Secondly, international and/or national courts may be required to make a determination of the existence of a conflict.

Once it determines that a situation amounts to an armed conflict it sends a memorandum to the parties concerned setting out their obligations under international humanitarian law and it offers its services.For obvious reasons this is an extremely sensitive issue, particularly in non-international armed conflict, where there is a tendency by states to deny the application of international humanitarian law, often claim the violence is terrorism and not armed conflict, or as has recently been the case in Colombia, that it is narco-trafficking and not armed conflict.While international humanitarian law only applies in times of armed conflict, human rights law applies at all times; in times of peace and in times of armed conflict. For example, in recent years we have worked together to determine the legal framework regulating the separation and internment of combatants who cross borders with refugees in situations of mass influx and the development of guidelines for its implementation. Cartagena Declaration on Refugees 56 Notes 56 2. International Humanitarian Law and the Refugee 57 United Nations High Commissioner for Refugees, The State of the World's Refugees 1993: The Challenge of Protection 57 The Geneva Convention Relative to the Protection of , Civilian Persons in Time of War 58 Notes …

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