Writer: Katherine Mastorides
Editor: Clayton Gerrans
Spring 2024
The role of the law, according to Thomas Hobbes, is to provide the government with a means of preserving peace and personal security for those it serves. However, flawed and corrupt systems of government have proven to be problematic in various countries where democratic ideals are more theoretical than practical. These differing opinions, systems, and beliefs that separate every government are proven to have the strength to be destructively divisive, as wars erupt around the globe and international conflicts ensue. Such wars exist in Ukraine and Gaza where the humanitarian crisis has led to the emergence of millions of refugees. Amidst these conflicts, protections under International Humanitarian Law and International Refugee Law are crucial for vulnerable refugees yet are inadequate to address the complex issues refugees face across the globe.
Refugees are “people who have fled their countries to escape conflict, violence, or persecution and have sought safety in another country” (United Nations High Commissioner for Refugees, n.d.). Of the 35.3 million refugees in the world today, an estimated forty percent are children. Such refugees from Gaza and Ukraine heavily rely on International Humanitarian Law for physical and political protection. This law is “a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict” (International Committee of the Red Cross, 2004). Built on the foundation of agreements made between states through treaties and conventions, it is a part of International Law. One notable convention is the Geneva Conventions of 1949, a series of four conventions protecting those who have no part in the conflict. These conventions were later reinforced by two supplementary agreements, the Additional Protocols of 1977. The Geneva Conventions and its Additional Protocols are foundational to International Humanitarian Law. They protect civilians, medical workers, the wounded, and prisoners of war. Applying both on land and at sea, it extends to occupied territories as well. Important implications of the agreement, found in Common Article 3 include “humane treatment for all persons in enemy hands,” as well as, “the wounded, sick, and shipwrecked be cared for.” It also notably protects the right of the International Committee of the Red Cross to “offer its services to the parties to the conflict” (International Committee of the Red Cross, 2010). These laws do not prohibit a state’s use of force in armed conflicts but seek compromise between humanitarian concerns and military requirements. They are enforced by both the International Criminal Court and the tribunals created to punish those who do not cooperate.
International Refugee Law is equally as important and critical for ensuring the safety of refugees during war times. Refugees are protected under the 1951 Refugee Commission and its 1967 Protocol, which began after World War I at a meeting of the League of Nations in 1921. This commission defined what a refugee is and underlined the importance of non-refoulement, a policy asserting that a refugee “should not be returned to a country where they face serious threats to their life or freedom” (United Nations High Commissioner for Refugees, n.d.). It provides a foundation for the proper treatment of refugees, highlighting a right to housing, work and education, as well as the refugees’ obligations to host countries. In this way, the document seeks to protect the fundamental human rights of those displaced by war.
The current state of refugees is dire and a solid legal foundation for protection would remedy their suffering. Russia’s attack on Ukraine in February of 2022 has led to the amassing of several millions of Ukrainian refugees seeking safety in neighboring countries and several hundreds of thousands more migrating within the country itself. There are an estimated 6.5 million Ukrainian refugees globally, largely concentrated in Eastern European countries such as Poland, the Czech Republic, and Slovakia (Ukraine Refugee Situation, n.d.). Of these refugees, the vast majority are women and children. Likewise, nearly two million people from Gaza, following the ongoing Israel-Hamas war, have experienced displacement both internally and across borders. These people, who make up 80% of the population in Gaza and are mostly Palestinians, are being encouraged to seek refuge in refugee camps located in the Sinai Desert in Egypt. This forced relocation would create detrimental global repercussions as it inflates the worsening 75-year-old Palestinian refugee crisis (Culbertson, 2023). The wars in Ukraine and Gaza are extremely dire situations, but unfortunately only two of the many conflicts that dominate the global community. The refugee population is expected to continue to grow, because of environmental disasters, poverty, and a lack of basic resources in addition to these political conflicts.
Amidst this vast number of refugees and their immensely complex situations, International Humanitarian Law and International Refugee Law fall short of providing sufficient protection for refugees. Most refugees lack the financial stability to move, subsequently forcing them to seek refuge in low-and middle-income countries (United Nations High Commissioner for Refugees, n.d.). Here they are often placed in camps with poor socioeconomic conditions, overcrowding and indecent infrastructure. The socioeconomic status of a refugee’s host region and country is important for the basic healthcare and safe living conditions they can provide for the refugee. Exclusion based on social and economic factors increases a refugee’s experience of poverty, homelessness and exploitation, as well as the risk of non-communicable diseases and other illnesses. These illnesses have only worsened following the COVID-19 pandemic. If a person is fortunate enough to find options for healthcare, they often face extreme “language and cultural differences, institutional discrimination and restricted use of health services” (Refugee and Migrant Health, 2022). In Gaza, these effects have already begun to take place. Bombings and other acts of violence have reduced most of the buildings to rubble. With them, healthcare, education and protection systems have crumbled.
Existing International Humanitarian Law and International Refugee Law need to be revisited for the safety and protection of all refugees. Rather than circumvent their duties under these conventions, states must fight for the increased provision of resources and safety conditions for refugees. Improved healthcare, and nondiscriminatory access to it, must be addressed for the health and well-being of vulnerable people facing displacement. The burden of hosting refugees should not fall on the poorest countries but should be shared among all countries with an emphasis on what richer nations can provide to eliminate the refugees’ entrance into cyclic poverty. Only by addressing these issues and being dedicated to seeking a solution may we address the refugee crisis and better protect those facing the most vulnerabilities.
References
Culbertson, S. (2023, December 4). Displaced in Gaza: The Least-Bad Option. RAND
Corporation. Retrieved March 23, 2024, from https://www.rand.org/pubs/commentary/2023/12/displaced-in-gaza-the-least-bad-option.html
Gaza: Forced and protracted displacement of Palestinians would constitute a serious breach
of international law and an atrocity crime. (2023, December 26). Norwegian Refugee Council. Retrieved March 23, 2024, from https://www.nrc.no/news/2023/december/gaza-displacement/
International Committee of the Red Cross. (2004, July). What is International Humanitarian
Law? International Committee of the Red Cross. Retrieved March 23, 2024, from https://www.icrc.org/en/doc/assets/files/other/what_is_ihl.pdf
International Committee of the Red Cross. (2010, October 29). The Geneva Conventions of
1949 and their Additional Protocols - ICRC. International Committee of the Red Cross. Retrieved March 23, 2024, from https://www.icrc.org/en/doc/war-and-law/treaties-customary-law/geneva-conventions/overview-geneva-conventions.htm
Palestine refugees. (n.d.). UNRWA. Retrieved March 23, 2024, from
Refugee and migrant health. (2022, May 2). World Health Organization (WHO). Retrieved
March 23, 2024, from https://www.who.int/news-room/fact-sheets/detail/refugee-and-migrant-health
Situation Ukraine Refugee Situation. (n.d.). UNHCR Data Portal. Retrieved March 23, 2024,
United Nations High Commissioner for Refugees. (n.d.). UNHCR. Retrieved March 23, 2024,
United Nations High Commissioner for Refugees. (n.d.). The 1951 Refugee Convention.
UNHCR. Retrieved March 23, 2024, from https://www.unhcr.org/about-unhcr/who-we-are/1951-refugee-convention
United Nations High Commissioner for Refugees. (n.d.). Refugees. UNHCR. Retrieved March
23, 2024, from https://www.unhcr.org/refugees
Comentarios