University of Tehran Public Law Studies Quarterly 2423-8120 Articles in Press 2026 02 04 Positive obligations of states in repatriating nationals abroad in times of crisis Positive obligations of states in repatriating nationals abroad in times of crisis 107128 10.22059/jplsq.2025.400893.3822 FA Hiva Hajimolla Department of Law, Faculty of Literature and Humanities, Lorestan University, Khorramabad, Iran 0009-0003-6709-0127 Rasoul Karamimoghadam Department of Law, Faculty of Literature and Humanities, Lorestan University, Khorramabad 0009-0000-9430-1231 Journal Article 2025 08 18 The protection of nationals abroad in times of crisis—such as armed conflicts—has emerged as a pressing issue in contemporary international law, situated at the intersection of state sovereignty and human rights obligations. Despite the growing number of evacuation and repatriation operations in recent years, there is no clear consensus on the precise nature and scope of this concept. Relying on library-based sources and state practice in recent crises, this study adopts a descriptive–analytical approach to shed light on these measures and answers the question of whether it is possible to identify an emerging customary rule of the obligation to repatriate nationals in emergency situations? The findings indicate that, contemporary international law does not recognize a general or absolute obligation to repatriate nationals. Nevertheless, a set of minimum obligations—such as issuing warnings and engaging in negotiations with host states—appears to be consolidating. The consistent repetition of this practice suggests the gradual formation of an emerging customary norm, characterized as an “obligation of conduct” rather than of result, the scope of which depends on the gravity of the crisis, the state’s actual capacities, and the duty to respect the sovereignty of the host state. The protection of nationals abroad in times of crisis—such as armed conflicts—has emerged as a pressing issue in contemporary international law, situated at the intersection of state sovereignty and human rights obligations. Despite the growing number of evacuation and repatriation operations in recent years, there is no clear consensus on the precise nature and scope of this concept. Relying on library-based sources and state practice in recent crises, this study adopts a descriptive–analytical approach to shed light on these measures and answers the question of whether it is possible to identify an emerging customary rule of the obligation to repatriate nationals in emergency situations? The findings indicate that, contemporary international law does not recognize a general or absolute obligation to repatriate nationals. Nevertheless, a set of minimum obligations—such as issuing warnings and engaging in negotiations with host states—appears to be consolidating. The consistent repetition of this practice suggests the gradual formation of an emerging customary norm, characterized as an “obligation of conduct” rather than of result, the scope of which depends on the gravity of the crisis, the state’s actual capacities, and the duty to respect the sovereignty of the host state.