State Responsibility Towards Climate Refugees Resulting from Environmental Damage in Armed Conflicts

Abstract

Environmental destruction in armed conflicts including water infrastructure bombing, land pollution, and scorched earth tactics can render the home region uninhabitable and push residents across borders. However, the 1951 Refugee Convention regime, International Humanitarian Law, and International Environmental Law have not provided adequate status and rights for affected groups. This normative law research uses regulatory, conceptual, and comparative approaches to map norm gaps and formulate the construction of state responsibility. The findings show that there is a void under the "conflict-environment refugee" law, so victims are not automatically entitled to asylum, international assistance, or stable residence protection. This article proposes "conflict-environment refugees" as complementary protection through identification criteria, minimum rights guarantees, and mapping of the responsibilities of the perpetrator's country, country of origin, and destination country. The integration of the three regimes is needed through progressive interpretation, standards of proof of uninhabitability, and the strengthening of reparation mechanisms linked to cross-border protection. This framework is expected to clarify access to protection, prevent impunity, and improve accountability and recovery of conflict victims.