Expanding Refugee Protection through International Humanitarian Law: Driving on a Highway or Walking near the Edge of the Abyss?

Abstract

Refugee protection has been a consistent and relatively successful attempt at creating a synergy between international refugee law (IRL) and human rights law (HRL) as a way of expanding refugee protection. This chapter discusses some of the arguments used to refute an international humanitarian law (IHL) reading of refugee law provisions in order to then suggest that a more robust interface with IHL could at least address some of the concerns expressed by United Nations High Commissioner for Refugees (UNHCR) and others, and contributes to filling the protection gap rather than widening it. It also focuses on showing how UNHCR in its role as an operational agency adopt a more 'relaxed' and engaged approach to IHL as a body of law making a significant contribution to the protection of refugees and as a natural complement to international refugee and HRL. Keywords: human rights law (HRL); international humanitarian law (IHL); international refugee law (IRL); refugee protection; UNHCR; United Nations (UN) Security Council