1.

Introduction to Humanitarian and Refugee Law

1. Humanitarian Law: Definition, Nature and Scope of Humanitarian Law
2. History and Development of Humanitarian Law
3. Refugee Law: Definition, Nature and Scope of Refugee Law
4. History and Development of Refugee Law
2.
Laws relating to armed conflicts – the Four Geneva Conventions of 1949 and their Historical
Antecedents (2.1)
The Role of the Red Cross (ICRC) (2.2)
Extension of the Scope of Humanitarian Law to Internal Conflicts and Guerrilla Warfare(2.4)
Two 1977 Additional Protocols to the Geneva Conventions (2.5)
Protection of Civilians and POWs (2.6)
Methods and Means of Warfare(2.9)

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

Q.1 Differentiate between international armed conflict and non-international

armed conflict with suitable examples. What are the different streams of

international humanitarian law that apply to both situations of armed

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

additional Protocol been successful in providing protection to the refugees

from Ukraine escaping from the brutalities of the aggression by Russia.

Q.2 On 12 July 2007, during the Iraq War, two United States Apache helicopter

crews engaged in a series of air strikes against a number of people on the

ground in the neighbourhood of Al- Amin al- Thaniyah in Baghdad. Some of

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

misidentified their cameras as RPGs; when Noor- Eldeen crouched to take a

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

wounding two children inside the van.

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

conflict relating to targeting and protecting objects.

1. Did the US troops commit a war crime in firing on the wounded and

those who came to their aid?

2. Critically analyse whether the defence of honest mistaken belief can

be taken or not?
Q.2 Mr. X is a gay and living in. Homosexuality is banned in Iran and attracts

strict punishment including death penalty.

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

oppressed and persecuted.

Fearing for his life, he wants to seek protection in another country and wants

to apply for a refugee status.

What kind of challenges will he face within the current refugee protection

legal framework?

Q.3 Write short notes on Any Two of the following:

a) Principle of non-refoulement as a corner stone of Refugee law

b) Protection of cultural property during armed conflict

c) Domestic Violence as a ground for claiming refugee status.

d) Martens Clause

Q.1 Discuss how the rhetoric on ‘Global War on Terror’ poses challenges for

International Humanitarian Law

Q.1 Under the 1951 Convention, a person must demonstrate a well-founded fear of

persecution to be able to seek a refugee status.

Explain the grounds of persecution and is there a need to expand the grounds on

which a person can seek refugee status.

Q.2 Write a detailed note on the methods of warfare which are prohibited under IHL

with special reference to Nuclear and Biological warfare.

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.

Today instead of providing a useful purpose in international law, the exclusion

clauses now complicate refugee law to such extent that they can actually

perpetuate injustice rather than uphold the ‘integrity’ of refugee protection, and

therefore should be reconsidered.

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

of the statement critically evaluate the role of UNHCR in refugee protection.

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

targeting decisions be informed by Pictet’s philosophy or is it too strict

especially in the context of today’s warfare?

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

the above scenario?

Q.4 Mr. X is a gay and living in Iran. Homosexuality is banned in Iran and attracts

strict punishment including death penalty.

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 and will be

oppressed and persecuted.

Fearing for his life, he wants to seek protection in another country and wants to

apply for a refugee status.

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

this test is different from over all control test.

Q.5 Explain the controversy regarding the National Register of Citizens of India

Q.6 Write short notes on Any Two:

a) Prohibition on Pillage under IHL

b) Refugee Sur Place

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.

Q.1 Explain the different ways in which international humanitarian law is

implemented and enforced and ultimately how individuals and States can be

held accountable for violations of IHL.

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

recent refugee crisis in Myanmar, Afghanistan and Europe.

Q.2 Should targeted killings be prohibited under IHL? Critically analyse with recent

examples and case laws.

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

Law by States.” Justify

Q.4 Discuss in detail ‘International Humanitarian Law’ relating to lawful and

unlawful combatants

Q.4 What do you understand by the term “Refugee Sur Place”. Explain in detail with

the help of relevant examples and case laws.

Q.5 Mr. X is a gay and living in Iran. Homosexuality is banned in Iran and attracts

strict punishment including death penalty.

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 and will be

oppressed and persecuted.

Fearing for his life, he wants to seek protection in another country and wants

to apply for a refugee status.

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

armed resistance in the beginning, but a national resistance movement is being

set up in the course of a few months. The resistance movement decides to

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.

Based on the above scenario, answer the questions given below

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

Additional Protocol to the Geneva Conventions.

3. State A is determined to keep the three members of the resistance movement

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

movement members detained?

Q.6 Write short notes on Any Two:

a. Importance of the Lieber Code

b. Protection of Child Refugees

c. The Rohingya Refugee Crisis

d. The legacy of Marten’s Clause