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Ensuring respect for IHL in large

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At the end of 2024, the United Nations Refugee Agency (UNHCR) estimated that 123.2 million people worldwide had been forced to flee their homes due to persecution, armed conflict, violence, human rights violations, and events severely disrupting public order. When a large-scale conflict erupts, the intensity, scale, and pace of military operations only exacerbate this trend, affecting not only displaced persons but also the communities hosting them and potentially those who remain. The rules of international humanitarian law (IHL) aim not only to prevent displacements due to armed conflicts — while respecting the autonomy and genuine willingness of those affected to move if necessary — but also to minimize harm to civilians, including displaced populations.

In this article, part of the series “Ensuring Respect for IHL in Large-Scale Armed Conflicts,” legal advisors Matt Pollard and Helen Obregon of the ICRC examine the humanitarian challenges related to population movements, mass displacement, and the disruption of family ties that inevitably occur in such conflicts. Their article also presents some concrete measures that states can and should take to prepare for these challenges and fulfill their obligations under IHL and other relevant branches of international law. Adequate planning is essential in peacetime to ensure that international humanitarian law can provide effective protection if a large-scale conflict breaks out.

Large-scale armed conflicts generally result in massive population movements. The scale of these population movements risks overwhelming systems designed to protect, support, and manage the displacement of civilians, both within their own countries and across borders to neighboring countries and potentially further afield. This situation, in turn, exposes them to risks related to the conduct of hostilities, precarious conditions during displacement, or in temporary accommodation, as well as the loss of contact between dispersed family members.

Furthermore, in such a context, displacement situations are likely to be prolonged. Conflicts can last for years, and individuals may find themselves unable to return home even after the fighting ends. Due to the extensive destruction and damage to cities and essential infrastructure, the social fabric of communities, and a number of other obstacles, finding durable solutions in cases of mass displacement is often challenging.

International humanitarian law aims to limit these harms. It allows for the voluntary displacement of civilians — subject to significant restrictions on freedom of movement — and prevents, minimizes, and regulates involuntary displacements. It mandates that all individuals be treated humanely in all circumstances and provides specific protection measures for displaced persons. IHL also requires states to strive not to separate family members, for example during evacuation or internment. It includes concrete measures to ensure that relatives separated for conflict-related reasons can stay in contact and potentially be reunited, and that no one is left missing.

Our article is based on the recently updated commentary on the Fourth Geneva Convention published by the ICRC to highlight how states can prepare in advance so that the protections provided by IHL can be effective in the event of a large-scale international armed conflict. It is essential to take into account other international obligations of the state, including those under international human rights law and the Vienna Conventions applicable to diplomatic and consular agents and persons linked to them.

Fact Check: The content discusses the impact of large-scale armed conflicts on population displacement and highlights the importance of respecting the rights and protection of displaced persons and families. It emphasizes the role of international humanitarian law in addressing these challenges and ensuring humane treatment in conflict situations.