Legal Gaps in International Humanitarian Law and the Protection of Climate-Displaced Individuals in Conflict Zones

Abstract

The convergence of climate change and armed conflicts has intensified displacement in affected regions, posing acute challenges for climate-displaced individuals. International Humanitarian Law (IHL), while offering protections to civilians and internally displaced persons (IDPs) in wartime, reveals critical legal gaps in responding to displacement driven predominantly by climate-related environmental degradation, such as droughts, floods, and resource scarcity exacerbated by global warming. Traditional IHL frameworks, centered on conflict-induced causes, often overlook the compounding effects of climate stressors in conflict zones, leaving vulnerabilities unaddressed in prevention, response, and long-term solutions. This article analyzes these shortcomings through a doctrinal examination of the Geneva Conventions, Additional Protocols, and customary IHL rules including principles of distinction, proportionality, and environmental protection alongside case studies from regions like the Sahel and the Middle East. It identifies deficiencies in mechanisms to prevent environmentally driven displacement, safeguards for objects indispensable to civilian survival, and tailored humanitarian assistance amid overlapping crises. The study further explores synergies with international human rights law and climate agreements to propose normative advancements, such as climate-sensitive interpretations of IHL and enhanced obligations for conflict parties. Ultimately, the research advocates for an adaptive, integrated legal regime to safeguard individuals confronting the dual threats of armed violence and climate impacts, contributing to broader efforts to modernize protections in an era of compounding humanitarian emergencies.