Refugee law and international humanitarian law: Parallels, lessons and looking ahead - A non-governmental organization's view
30-09-2001 Article, International Review of the Red Cross, No. 843, by Rachel Brett, Eve Lester
AbstractThere is a conceptual parallel between international refugee law and international humanitarian law. Both originated in the need to address the protection of persons in the hands of a State of which they are not nationals. By contrast, international human rights law was developed to protect persons against abuses by their own State. International humanitarian law and human rights law have grown closer over the years. International humanitarian law has extended its reach into non-international armed conflicts, and human rights law has been recognized as applying to all individuals within the territory or jurisdiction of a State, even if only temporarily, including during times of armed conflict (though some restrictions can be applied to non-nationals and also during times of armed conflict or similar emergency). Similar developments are beginnin g to happen in relation to refugee law, but a radical rethinking is needed.