Refugee Status and Protection: An International Legal Perspective on Displacement in Conflict Zones

Abstract

This study examines international legal frameworks for refugee status and protection, focusing on challenges and gaps in their implementation, particularly in conflict zones like Afghanistan. It aims to assess the effectiveness of existing legal instruments and propose solutions for improving refugee protection. The number of internally displaced people worldwide reached 71.1 million in 2022 and 75.9 million in 2023. A qualitative research design was employed, combining doctrinal legal analysis and case studies from selected conflict-affected regions. Data was collected through a review of international treaties, conventions, national policies, and reports from organizations such as the United Nations High Commissioner for Refugees (UNHCR) and the Internal Displacement Monitoring Centre (IDMC). The study also included secondary data analysis to evaluate legal and administrative barriers. Findings indicate that while international legal frameworks such as the 1951 Refugee Convention provide a foundation for refugee protection, their implementation remains inconsistent due to host country constraints, legal restrictions, administrative challenges, and socio-political opposition. IDPs, who do not fall under the definition of refugees, face even greater protection gaps. Additionally, security concerns and political instability in host and transit countries often lead to policy shifts that undermine the rights of displaced persons. The study highlights significant gaps in the legal and institutional mechanisms for protecting displaced persons, particularly in conflict zones. Weak enforcement of international obligations, lack of resources, and geopolitical interests further complicate refugee and IDP protection efforts. The study suggests enhancing refugee protection by strengthening international legal frameworks, increasing financial and technical support to host countries, promoting regional cooperation, improving legal pathways for refugees, and establishing clearer protections for internally displaced persons.

Keywords: Conflict zones, convention, forced displacement, internally displaced persons (IDPs), refugee status, 1951 Refugee Convention