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Part VI Key Issues in Times of Armed Conflict, Ch.28 Armed Conflict and Forced Migration: A Systemic Approach to International Humanitarian Law, Refugee Law and Human Rights Law

Vincent Chetail

From: The Oxford Handbook of International Law in Armed Conflict

Edited By: Andrew Clapham, Paola Gaeta, Tom Haeck (Assistant Editor), Alice Priddy (Assistant Editor)

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 02 December 2023

Armed conflict — Geneva Conventions 1949 — Combatants — Forced transfers or displacement — Refugees — Protected persons and property — Lex specialis
Although armed conflicts constitute the main cause of forced migrations, the applicable normative framework is plagued by recurrent ambiguities and controversies. Three decades ago, Dinstein asserted that ‘in its present form international law does not deal in a systematic fashion with the whole spectrum of the problem of refugees in armed conflict. […] Still there are several provisions relevant to the issue which are dispersed in various legal instruments’.1 These instruments are scattered throughout three main branches of international law: international...
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