Inclusion of Refugees from Armed Conflict: Combatants and Ex-combatants

Abstract

This chapter seeks to identify the degree to which absence of an adequate reference to international humanitarian law (IHL) as complementary to International human rights law (IHRL) has handicapped the expression of Convention protection norms. For analytical purposes it focuses upon the treatment of three groups: refugees from armed conflict, combatants and ex-combatants, and child soldiers. The most general category of claim in which IHL use in elaborating IHRL standards is that of anyone- including combatants or former combatants but also civilians- claiming asylum from a situation in which armed conflict is occurring. An important subcategory within the wider group of claimants from a background of conflict is the subcategory of combatants and former combatants, who may have special characteristics distinguishing them from civilian claimants. Finally, child soldiers and former child soldiers represent a sub-subcategory within the wider group of claimants from a background of conflict. Keywords: armed conflict; child soldiers; civilian claimants; combatants; ex-combatants; International human rights law (IHRL); international humanitarian law (IHL)