Definition and legal framework of civil war refugees
The term civil war refugees refers to people who flee their home country due to armed conflicts, particularly non-international armed conflicts (civil wars). However, the term used in legal scholarship and administrative practice does not consistently correspond to the definitions found in international or European law, and it carries different legal implications. The following presentation provides a comprehensive overview of the legal foundations, definitions, forms of protection, and the practical significance of civil war refugees in national, European, and international contexts.
Distinction: Civil war refugees and other persons seeking protection
Difference from refugees as defined by the Geneva Refugee Convention
Civil war refugees are often not considered refugees within the meaning of the Geneva Refugee Convention (GRC) . The 1951 Convention protects individuals who have left their country due to a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group, or political opinion. Fleeing from a civil war does not, according to traditional interpretation, automatically constitute the individual-directed persecution required by the GRC.
Subsidiary protection and humanitarian residence permits
Protection for civil war refugees often falls under so-called subsidiary forms of protection or humanitarian residence provisions, as the Convention requirements are not met, but there is an impediment to return due to the threat of serious danger.
Legal foundations for civil war refugees
International law
Geneva Refugee Convention and Protocols
Within the meaning of the Geneva Refugee Convention, the term civil war refugee is not expressly used. Instead, as explained above, the focus is on individual persecution. Persons who flee “only” from civil war are therefore not formally considered Convention refugees. In individual cases, however, individual persecution may still arise in the context of a civil war, for example, if particular groups of people face special danger.
European Convention on Human Rights (ECHR)
The European Convention on Human Rights and its interpretation by the European Court of Human Rights (ECHR) can mean that forced repatriation to areas affected by civil war may violate the non-refoulement principle (prohibition of removal to torture or mortal danger).
Other international law instruments
Additional protection is provided by certain provisions in the Convention against Torture (CAT) and the International Covenant on Civil and Political Rights (ICCPR), when significant human rights violations threaten in the homeland in the context of a civil war.
European law
Qualification Directive (2011/95/EU)
At the European level, the Qualification Directive is decisive. Article 15 grants subsidiary protection in the event of serious, individual threats as a result of indiscriminate violence in the context of an international or internal armed conflict. Thus, civil war refugees are explicitly included, provided they face an individual threat simply due to their presence in a war zone.
Dublin III Regulation
The Dublin III Regulation determines which Member State is responsible for examining an application for protection and indirectly affects the treatment of civil war refugees in the European Union.
German law
Asylum Act (AsylG)
According to the German Asylum Act , a claim to asylum for civil war refugees is generally not established, because – like the Geneva Refugee Convention – asylum law requires individual persecution.
Subsidiary protection (§ 4 AsylG)
According to Section 4 (1) No. 3 AsylG, persons are granted subsidiary protection if they are threatened with “serious harm” due to indiscriminate violence in the context of an international or internal armed conflict . Thus, in Germany civil war refugees are frequently granted subsidiary protection.
Removal bans (§ 60 AufenthG)
Further forms of protection exist through so-called national removal bans under Section 60 (5) and (7) of the Residence Act for cases where there are substantial, concrete dangers to life, limb or liberty due to the general situation in the country of origin, even if no protection status is established under Section 4 AsylG.
Humanitarian residence permits (§§ 23, 24 AufenthG)
In addition, the regulations on humanitarian residence, especially Sections 23 and 24 of the Residence Act, allow temporary residence permits for civil war refugees in the context of regional or national admission programs or in cases of temporary international protection.
Practical implementation and recognition practices
Relevant assessment criteria
The assessments by the Federal Office for Migration and Refugees (BAMF) in Germany are based on individual as well as group-specific risk situations in the country of origin. Key criteria are the scale of general violence, specific circumstances in the individual case, and the availability of internal flight alternatives.
Procedure and legal remedies
Civil war refugees submit an application for protection (asylum application), after which it is examined in several steps whether a protection status (GRC, subsidiary protection, removal ban, humanitarian residence) applies. Rejection notices can be legally challenged. The judicial process includes an assessment of the humanitarian situation in the country of origin.
Term history and terminological development
The term civil war refugee serves as an umbrella term for academic, media, and administrative categorization and does not have a fixed definition in the above-mentioned international or European legal frameworks. Factually, however, it has gained significance due to the ongoing movement of people fleeing from civil war countries (for example, Yugoslavia, Syria, Afghanistan, Sudan).
In official German statistics as well as international refugee reporting by the UNHCR , the term is used to illustrate situations involving mass displacement due to internal conflict.
Summary: Legal treatment of civil war refugees
Civil war refugees are a relevant group within the internationally protected persons. Depending on individual cases, they are covered under international law by the Geneva Refugee Convention, subsidiary protection under EU Directives, and national supplementary regulations. The focus is on protection against general threats, human rights-based prohibitions on refoulement, and flexible forms of temporary residence. Their legal treatment is complex and subject to constant development through legislation, administrative practice, and judicial decisions.
Literature and further sources
- BVerwG, Judgment of June 24, 2008 – 10 C 43.07
- European Union: Qualification Directive 2011/95/EU
- UNHCR: Guidelines on International Protection No. 12 (2016)
- Asylum Act (AsylG) and Residence Act (AufenthG)
This presentation provides a comprehensive overview of the legal aspects of the term civil war refugees and their treatment within the legal framework of Germany, Europe, and internationally.
Frequently asked questions
What legal protection options are available for civil war refugees in Germany?
Civil war refugees in Germany generally have several legal avenues to obtain protection. The key legal basis is the Asylum Act (AsylG). An asylum application may be submitted, at which point it is first examined whether the requirements of the Geneva Refugee Convention (protection as a refugee under § 3 AsylG) are met. This concerns persecution directed at the individual; purely civil war situations usually do not entitle one to refugee protection, as they are generally not targeted at specific persons. As a second form of protection, so-called subsidiary protection is available (§ 4 AsylG), which applies if serious harm threatens in the country of origin—especially as a result of indiscriminate violence in the context of armed conflict. Moreover, a national removal ban (§ 60 paras. 5 and 7 AufenthG) can be imposed if return would pose a significant individual risk to life or limb. The granting of protection is always based on the specific circumstances of the country of origin and the individual level of risk.
How does the asylum claim of civil war refugees differ from that of politically persecuted persons?
The claim to asylum under Article 16a of the Basic Law and § 3 AsylG specifically addresses persons who are individually persecuted for political reasons. Civil war refugees are generally not included, as they typically flee from general violence rather than targeted political persecution. Thus, an asylum claim rarely exists in this context. However, they may be granted subsidiary protection or a removal ban if there is a serious individual threat posed by the armed conflict in their home country, even in the absence of targeted persecution of a particular group or person.
What specific rights do civil war refugees with subsidiary protection status receive?
Those who receive subsidiary protection status (§ 4 AsylG) have rights that are generally based on those of refugees under the Geneva Convention, but with certain restrictions. These include, in particular, a three-year residence permit and the right to family reunification—though the latter is limited by quotas and bottlenecks in visa issuance. There is access to the labor market (at the discretion of the authorities, usually unrestricted after one year), to integration measures, and to benefits under the Asylum Seekers’ Benefits Act, and later possibly under SGB II/XII. The option for long-term settlement is also possible, but under more difficult conditions compared to refugees with Convention protection.
What requirements must be met for a national removal ban?
The national removal ban according to § 60 paras. 5 and 7 AufenthG is granted if deportation to the country of origin would pose a significant individual risk to life, limb, or freedom, without meeting the higher protection levels (refugee status, subsidiary protection). It must be proven that the applicant would face a specific, individual threat upon return, which exceeds the general risk faced by the population as a whole in the civil war country. This applies, for example, to severe illnesses (when treatment in the home country is impossible) or the existence of personal hostilities related to the conflict.
How does the Federal Office for Migration and Refugees (BAMF) assess the individual risk to civil war refugees?
In the asylum procedure, BAMF conducts a detailed review of the applicant’s individual risk. Factors considered include, among others, place of origin, ethnicity, political activities, past reasons for fleeing, and individual conduct during the conflict. BAMF bases its assessments on up-to-date situation reports, decisions of the Federal Administrative Court, and, where applicable, information from human rights organizations and UN agencies. Only if the individual risk demonstrably exceeds the general risk of civil war can protection status be granted. In the case of general danger, protection is usually only granted in particularly exceptional risk situations (for example, single women or minorities).
Are civil war refugees subject to special obligations to cooperate in the asylum procedure?
Yes, civil war refugees, like all asylum seekers, are subject to extensive obligations to cooperate in the asylum procedure. This includes, in particular, the duty to make truthful and complete statements about their reasons for fleeing, to submit evidence (if available), and to actively cooperate in establishing their identity and nationality. In some cases, providing evidence is complicated by the loss of relevant documents due to the civil war. Nevertheless, refugees are required to exhaust all means available to make their claims credible. Failure to comply with these obligations may result in negative decisions.
