INTRODUCTION

The Refugee Convention is part and parcel of the international legal framework for the protection of the individual in armed conflict, with international human rights law, IHL and international criminal law constituting the other main components of this framework. The Refugee Convention does not address protection in armed conflict as such, but rather some of the specific consequences of armed conflict. The Refugee Convention provides surrogate protection for individuals who lack the protection of their country of origin, including in situations in which there is an armed conflict in the country of origin. To recall, Article 1A(2) Refugee Convention defines a refugee as a person who:

In order to analyse the refugee definition in light of international human rights law, IHL and international criminal law with respect to refugee protection claims arising out of situations of armed conflict, it is first necessary to examine protection in the country of origin under international human rights law, IHL and international criminal law. This analysis will form the backdrop against which subsequent chapters will scrutinise the different elements of the refugee definition in light of international human rights law, IHL and international criminal law.

THE PROTECTION OF THE INDIVIDUAL IN ARMED CONFLICT

The refugee definition addresses both individuals who lack the protection of their country of nationality and stateless persons who lack the protection of their country of habitual residence. Therefore, this analysis considers the protection of individuals from acts by their country of nationality and the protection of stateless persons from acts by their country of habitual residence, as well as protection from non-State actors on the territory of the country of origin during armed conflict. Such protection is usually framed in terms of international human rights law and has rarely been conceived in light of IHL in armed conflict.