Brief description:

Armed conflicts continue to exist today as an unchanging reality of history. Today, people are displaced as a result of the ongoing armed conflicts in countries such as Syria, Afghanistan, Ethiopia, Libya, Sudan, South Sudan and Myanmar. The main reason for this forced displacement that takes place inside or outside the country is armed conflicts. Both non-international armed conflicts and the protection of individuals fleeing international armed conflicts are controversial in terms of international law. In this thesis, first of all, the concept of armed conflict will be discussed and the applicable norms for people fleeing armed conflicts will be determined by determining the branches of international law applicable during armed conflicts.
The aim of the thesis is to deal with the views in the doctrine regarding the determination of the branches of law to be applied in armed conflicts and to reach the applicable norms for those fleeing armed conflicts by analyzing the relationship between these branches of law.
There are different opinions in the doctrine about the applicable branch of law during armed conflicts. By considering these views in the doctrine, it will be tried to determine the norms regarding the protection of those fleeing armed conflicts. The study aims to deal with international law texts in order to reveal the legal framework for the solution of the problem. In this regard, it is important in terms of the scarcity of Turkish resources.

Methodology:

The thesis titled The Protection Of Persons Fleeing Armed Conflict In International Law consists of three chapters. In the first chapter, the theoretical background will be examined. First of all the concept of armed conflict and the views in the doctrine regarding the law to be applied will be discussed. In determining the branch of law to be applied, the views in the doctrine and the decisions of the International Court of Justice will be used. In the second chapter, the concept of the fleeing person will be discussed. The concepts of internally displaced persons and persons displaced abroad and the law to be applied to these persons will be determined and examined the law will be applied to people fleeing as a result of armed conflicts. In the last chapter protection instruments will be stated within three main branches of international law: international humanitarian law, refugee law and human rights law. There are some shortcomings due to the fact that it is at the very beginning of the thesis. In particular, it has not been decided whether to open a chapter with international criminal law. I continue my reading and research. However, some research questions that I want to answer until this part are as follows: 1. What are the branches of law to be applied during armed conflicts? 2. What is the relationship between the branches of law to be applied during armed conflicts? 3. Who are the persons protected under international humanitarian law? 4. What are the legal instruments applicable to persons fleeing armed conflict? Do these instruments provide adequate protection? 5. Is it possible to be granted refugee status for those who are displaced abroad? In which cases are complementary protection and humanitarian visas available for these persons?

Keywords: asylum law, Forced Displacement, Forced Migration, human rights law, humanitarian law, Internally Displaced Person, international refugee law, subsidiary protection

Home University:

Ankara University

Faculty:

The Graduate School of Social Sciences/ Public Law

Supervisor: Cavid Abdullahzade

Added to catalogue on: 17-06-2022

Additional information: