Document Type : Article
Authors
1 Department of Law, Faculty of Literature and Humanities, Lorestan University, Khorramabad, Iran
2 Department of Law, Faculty of Literature and Humanities, Lorestan University, Khorramabad
Abstract
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.
Keywords
- Emergency Situation
- Positive Obligations
- Protection of Nationals Abroad
- Right to Enter his Own Country
- Recognition of Customary Rule
Main Subjects
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