Armed Conflict, Migration and International Humanitarian Law: The Intersection

Abstract

Migration is one of the contemporary issues raising global concerns. The situation is even exacerbated by
incidences of armed conflicts witnessing fragrant violations of the basic principles of International
Humanitarian Law (IHL) facilitating the protection of the civilian population. While existing literature
mainly focused on peacetime migrations and how they impact on economies, the paper focused on
identifying the intersection between armed conflict and migration; and the relevant International
Humanitarian Law rules for the prevention of migration. The paper adopted doctrinal method of legal
research and analytical approach. The paper found that armed conflicts are important triggers of
migration. This is particularly the case where parties to a conflict violate the fundamental rules of IHL
meant to protect civilians. The result is that many civilians are displaced as result of these violations
thereby making it necessary for them to seek refuge in safer places, sometimes across international
borders. To address the challenges revealed by the paper, the paper recommended among others respect
for the principles of distinction prohibiting indiscriminate attacks on both civilians and civilian objects.
This will help prevent the incidences of conflict-related migration.