International Humanitarian and Refugee Law Questions
International Humanitarian and Refugee Law Questions
3.
1. Laws Protecting Refugees – the Growing Problem and Causes of Mass Population
Movements; Problems of Definition/Eligibility
2. Convention Relating to the Status of Refugees 1951: Refugee Convention 1951
3. Protocol Relating to the Status of Refugees 1966
Expulsion (3.5)
The Role of the United Nations High Commissioner for Refugees (3.6)
Repatriation versus Resettlement (3.7)
The Burden-Sharing Principle (3.10)
4.
1. Relationship with International Law, International Human Rights Law and Municipal
Law
armed conflict with suitable examples. What are the different streams of
conflict?
Q.1 Discuss in brief the genesis and development of international refugee law
regime. Critically analyse to what extent has the Refugee Convention and its
Q.2 On 12 July 2007, during the Iraq War, two United States Apache helicopter
the men on the ground were armed with rocket- propelled grenades (RPGs).
Also, in the group were two Reuters journalists- Saeed Chmagh and Namir –
Noor Eldeen who were carrying their cameras and other equipment.
The Apache crews mistook the journalists for armed insurgents, and
photo, the Apache crew believed he was preparing to “fire the RPG”. The
Apaches opened fire on the group – eight men were killed during the first
strike, including Noor- Eldeen. When a wounded Chmagh and two other
unarmed men came to the aid of the wounded and dead, and attempted to move
them to a van, the Apaches fired on the van, killing the three men and
Information about this attack was revealed by the website Wikleaks in 2010.
Discuss this example, drawing on the relevant rules of the war of armed
1. Did the US troops commit a war crime in firing on the wounded and
be taken or not?
Q.2 Mr. X is a gay and living in. Homosexuality is banned in Iran and attracts
Recently two gay youths, who were his friends were hanged to death by the
Iranian Government. Mr X is now scared that he will be found out and will be
Fearing for his life, he wants to seek protection in another country and wants
What kind of challenges will he face within the current refugee protection
legal framework?
d) Martens Clause
Q.1 Discuss how the rhetoric on ‘Global War on Terror’ poses challenges for
Q.1 Under the 1951 Convention, a person must demonstrate a well-founded fear of
Explain the grounds of persecution and is there a need to expand the grounds on
Q.2 Write a detailed note on the methods of warfare which are prohibited under IHL
Q.2 Exclusion clause was once an important and useful tool in refugee law, however
it is argued that the conditions that gave rise to its necessity have ceased to exist.
clauses now complicate refugee law to such extent that they can actually
perpetuate injustice rather than uphold the ‘integrity’ of refugee protection, and
Do you agree with the above statement? Elucidate with relevant cases and
examples.
Q.3 “The UNHCR not only undertook a wide and massive mission of providing
assistance to refugees but also to civilians affected in the theatre of war.” In light
Q.3 Jean Pictet once commented “If we can put a soldier out of action by capturing
him, we should not wound him; if we can obtain the same result by wounding
him, we must not kill him. If there are two means to achieve the same military
advantage, we must choose the one which causes the lesser evil. Should
Q.4 Mr. X has been taken as a Prisoner of War by State A. He is now being
compelled to serve and work for the military of State A. Can State A compel
Mr. X to serve in their military? What are the provisions given in IHL regarding
Recently two gay youths, who were his friends were hanged to death by the
Fearing for his life, he wants to seek protection in another country and wants to
What kind of challenges will he face within the current refugee protection legal
framework?
Q.5 Explain what do you understand by “Effective Control Test” Also explain how
Q.5 Explain the controversy regarding the National Register of Citizens of India
c) ICRC
d) Denial of quarter
Q.1 What do you understand by Inclusion, Exclusion and Cessation clauses under
the Refugee Convention 1951? Cite relevant examples to explain the same.
implemented and enforced and ultimately how individuals and States can be
Q.2 What is meant by the “Burden Sharing Principle.” How is this principle
changing to “Burden Shifting Principle.” Critically analyse with reference to the
Q.2 Should targeted killings be prohibited under IHL? Critically analyse with recent
Q.3 Internally displaced persons are not refugees yet sometimes their situation may
Q.3 The International Committee of the Red Cross ensures respect for Humanitarian
unlawful combatants
Q.4 What do you understand by the term “Refugee Sur Place”. Explain in detail with
Q.5 Mr. X is a gay and living in Iran. Homosexuality is banned in Iran and attracts
Recently two gay youths, who were his friends were hanged to death by the
Fearing for his life, he wants to seek protection in another country and wants
What kind of challenges will he face within the current refugee protection
legal framework?
Q.5 State A starts a large military offensive against State B, resulting in the
occupation of the territory of State B within a week. State B puts up very little
sabotage a large weapons factory, which State A now controls. Four resistance
fighters manage to enter the factory during the night. They are dressed in dark
clothes, one of them is carrying a revolver, otherwise they are unarmed. They
manage to place a bomb in the large production hall, light a fuse and escape
the building just before the explosion takes place. The group of resistance
fighters are spotted and shot at by State A military guards. Two of the four
resistance fighters are killed as they try to escape, the other two are captured.
A few days later, State A military police arrests three other members of the
resistance group, who did not take part in the sabotage operation.
1. Was it lawful for State A military forces to shoot the escaping resistance
fighters?
2. What status should the two captured resistance fighters be given in this
situation? Discuss the potential difference between the rules applicable to this
situation set out in: 1) the 1949 Geneva Conventions, and 2) the 1977 First
detained for security reasons even if they did not participate in the sabotage
operation. On what legal grounds can State A use to keep the resistance