There are various causes of forced migration, with war and protracted armed conflict predominating. A mere five countries, not including the war presently in Ukraine, account for 68 percent of the world’s forcibly displaced: Syria, Venezuela, Afghanistan, South Sudan, and Myanmar. The prime characteristics of all these countries - save Venezuela which is a special case - is that they have been embroiled in protracted armed conflict for decades.

The top ten refugee producing countries in the world today have been marred in war and protracted armed conflict for years. Indeed, one of the consequences of war is, of course, the mass production of refugees. Something that everyone has been witnessing with Russia’s illegal invasion of the Ukraine is the millions of forced migrants that have been produced. It is patently obvious that forced migration or displacement is a byproduct of war and protracted armed conflict.

This Research Topic in Frontiers in Human Dynamics is dedicated to the topic of “War and Asylum.” Article submissions are welcome on any aspect of this subject, including, the four following subthemes:

‘War Refugees’ and International Protection

Generally, those who are fleeing a war zone are not considered to be refugees. Being the victim of the crossfire between the two opposing armed combatants are not grounds for a claim for refugee protection. Nor is the threat of being “collateral damage” when you happen to reside next to a legitimate military target during an armed conflict. Nonetheless, if one or the other side of those engaged in the war deliberately target civilian non-combatants, on one of the five grounds of the 1951 Convention, then, they could well have the basis of a well-founded fear of persecution. Accordingly, this thematic subsection deals with the issues of international protection whether it is under International Humanitarian Law, International Criminal Law or International Refugee Law, and their respective overlap, and those who are seeking asylum.

Foreign Occupation and Forced Displacement

When an invading armed force occupies the territory of another state it is bound by international law to treat those who are residing in the occupied territory with due regard to their fundamental human rights and dignity. The foreign occupying forces are obligated to protect the human rights of all those residing within the control of the occupying military. However, if the situation under foreign occupation does not adhere to the laws of occupation under International Humanitarian Law then those who are fleeing an area under the control of an occupying force and seeking asylum, may very well have grounds for claiming refugee status. This subtheme concentrates on those circumstances in which persons are fleeing territories that are under foreign occupation and when those persons might wish to seek asylum.

‘Atrocity Crimes’ and the Prohibition of International Protection

It is important to keep in mind that those who are responsible for the generation of refugees cannot seek international protection under the 1951 Convention or the regional refugee protection instruments such as the 1969 OAU Convention Governing Specific Aspects of Refugee Problems in Africa, the 1984 Cartegena Declaration, and the 2011 European Union Qualifications Directive. Those individuals who are responsible for serious international crimes, war crimes, crimes against humanity, genocide, the crime of aggression, must be excluded from receiving refugee protection. Indeed, it is the responsibility of states to prosecute those who are responsible for the commission of serious international crimes. Accordingly, this subtheme considers the exclusion clauses and those who are excluded from international protection for their commission of serious international crimes.

Transitional Justice and Refugees and Other Forced Migrants

At some point, it is hoped, that the war will end and there will be peace, and the hard work of maintaining the peace will commence. Peace keeping and building are essential to help ensure that the opposing forces do not resume their hostilities and break the peace. This is also when transitional justice measures become essential to ensuring that the peace is maintained. Nevertheless, not everyone can return to the pre-war status quo and if the circumstances are such that their human rights and dignity are being negatively impacted or violated then there may be grounds for obtaining refugee protection. This subtheme explores the important subject of peace making, peace keeping, and peace building in situations of transitional justice that could result in claims for refugee protection.

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