The Rights of Aliens in Conflict Zones Under International Law

When armed conflict erupts, foreign nationals living in the territory of a warring state suddenly find themselves in a precarious position. These individuals, known as aliens under international humanitarian law, may face suspicion, restrictions, or even detention simply because of their nationality. The Fourth Geneva Convention of 1949 established crucial protections for these vulnerable populations, recognizing that war should not strip people of their basic human dignity merely because they happen to be in the wrong place at the wrong time.

Who qualifies as an alien under international humanitarian law? 🔗

Under Article 4 of the Fourth Geneva Convention, an alien is any person who finds themselves in the territory of a party to a conflict of which they are not nationals. This definition is deliberately broad. It covers tourists caught by the outbreak of war, students studying abroad, migrant workers, long-term residents, and business travelers. The key factor is not how long someone has been in the territory or their reason for being there, but simply that they are non-nationals when conflict begins.

There are important exceptions. Nationals of neutral states who have normal diplomatic representation in the country where they find themselves are not considered protected persons under the Convention. Similarly, nationals of co-belligerent states with normal diplomatic ties are excluded from this protection, as they can rely on their own government’s diplomatic channels for assistance.

The right to leave conflict territory 🔗

Article 35 of the Fourth Geneva Convention establishes that protected persons have the right to leave the territory at the outset of, or during, a conflict. This provision recognizes that many aliens will naturally want to flee to safety when war breaks out, and states should facilitate rather than hinder their departure.

However, this right is not absolute. The state may refuse permission to leave if the departure would be contrary to its national interests. When someone applies to leave, the decision must be made through regularly established procedures and as rapidly as possible. If permission is denied, the person has the right to have this refusal reconsidered by an appropriate court or administrative board.

Procedural safeguards for departure 🔗

The Convention requires that those permitted to leave should be able to do so in satisfactory conditions regarding safety, hygiene, sanitation, and food. They must be allowed to take necessary funds for their journey and a reasonable amount of personal effects. The costs from the point of exit are borne by the country of destination or, if the person goes to a neutral country, by the power whose national is being benefited.

The protecting power must be informed of the reasons for any refusal to grant permission to leave, unless security considerations prevent this disclosure or the person objects. This transparency requirement helps prevent arbitrary denials and ensures international oversight of the process.

Protections for those who remain 🔗

Many aliens may be unable or unwilling to leave the territory. Some may lack the resources to travel, others may have family ties or property they cannot abandon, and still others may find all routes of departure blocked by the fighting. For these individuals, the Fourth Geneva Convention provides essential protections.

Humane treatment and fundamental rights 🔗

Article 27 of the Convention establishes foundational protections for all protected persons. They are entitled to respect for their persons, honor, family rights, religious convictions and practices, and customs. They must be treated humanely at all times and protected against violence, threats, insults, and public curiosity.

The Convention explicitly prohibits discrimination based on race, religion, or political opinion. Collective punishment is forbidden, meaning that groups cannot be penalized for acts committed by individuals. Reprisals against protected persons are also prohibited. These protections aim to prevent the scapegoating and persecution that aliens have historically faced during wartime.

Access to essential services and relief 🔗

Article 38 of the Convention specifies that aliens who remain in conflict territory must be enabled to receive individual or collective relief sent to them. If their health requires it, they have the right to medical attention and hospital treatment to the same extent as nationals of the state. They must be allowed to practice their religion and receive spiritual assistance from ministers of their faith.

If aliens reside in an area particularly exposed to the dangers of war, they have the right to move away from that area to the same extent as nationals. Children under fifteen, pregnant women, and mothers of children under seven must receive any preferential treatment available to the same extent as nationals.

Employment and economic rights 🔗

Armed conflicts often devastate local economies, leaving both nationals and aliens struggling to support themselves. Article 39 addresses the economic rights of protected persons who have lost their employment as a result of war. These individuals must be granted the opportunity to find paid employment, subject to security considerations, on equal terms with nationals of the state.

Where a party to the conflict applies control methods that prevent a protected person from supporting themselves, the state must ensure their support and that of their dependents. Protected persons may receive allowances from their home country, the protecting power, or relief societies.

Forced labor restrictions 🔗

Article 40 establishes strict limits on compulsory work. Aliens may be compelled to work only to the same extent as nationals. If they are of enemy nationality, they may only be compelled to do work normally necessary for feeding, sheltering, clothing, transport, and health of human beings, and which is not directly related to military operations.

When aliens are compelled to work, they must receive the same working conditions and safeguards as national workers, particularly regarding wages, hours of labor, clothing, equipment, training, and compensation for occupational accidents and diseases. If these provisions are violated, protected persons have the right to complain through established procedures.

Internment and assigned residence 🔗

In certain circumstances, a state may consider that the presence of certain aliens poses a security risk. Article 42 permits internment or assigned residence only if the security of the detaining power makes it absolutely necessary. This represents a significant constraint on state power, as internment cannot be ordered for administrative convenience or as a precautionary measure.

Any decision to intern or place someone in assigned residence must be made through a regular procedure that includes the right of appeal. If the decision is upheld, it must be subject to periodic review at least twice yearly by a competent body. The detaining power must inform the protecting power of the names of those interned or placed in assigned residence, unless the individuals object.

Treatment of internees 🔗

For aliens who are interned, the Fourth Geneva Convention contains detailed provisions governing their treatment. They must be accommodated in buildings that afford safeguards for hygiene and health. They must receive sufficient food and water, adequate clothing, and medical attention. Internees retain their civil capacity and must be allowed to practice their religion, receive mail, and maintain contact with family members.

The conditions of internment are regulated to ensure human dignity. Internees cannot be subjected to physical or moral coercion, torture, or degrading treatment. They have the right to file complaints and to be represented by committees elected from among themselves.

Special protections for vulnerable groups 🔗

The Convention recognizes that certain categories of aliens require additional protection due to their particular vulnerability. Women must be especially protected against attacks on their honor, particularly rape, enforced prostitution, or any form of indecent assault. Pregnant women and mothers receive special consideration in matters of food, medical care, and evacuation from danger zones.

Children benefit from enhanced protections. The party to the conflict must ensure the proper functioning of institutions devoted to child welfare and education. Children who are orphaned or separated from their families must receive care, and their education must be facilitated. The Convention prohibits any changes to their personal status or enlisting them in organizations subordinate to the occupying power.

The role of protecting powers and humanitarian organizations 🔗

The protecting power system is central to ensuring compliance with these protections. Protecting powers are neutral states that monitor implementation of the Convention, visit places where protected persons are held, and act as intermediaries between warring parties. The International Committee of the Red Cross may also perform these functions when protecting powers are not available.

These organizations have the right to visit aliens in detention, interview them without witnesses, and investigate conditions. They can raise concerns about violations with the detaining power and help facilitate communication between protected persons and their families or home governments.

Balancing security and humanity 🔗

The Fourth Geneva Convention recognizes that states engaged in armed conflict have legitimate security concerns. Article 27 explicitly allows parties to take measures of control and security regarding protected persons as necessary as a result of the war. However, these measures must be proportionate and cannot amount to inhumane treatment.

Article 5 addresses situations where an alien is suspected of activities hostile to state security. In such cases, the person may lose certain rights under the Convention if exercising them would be prejudicial to state security. However, even in these circumstances, the person must still be treated humanely and, if tried, cannot be deprived of rights to a fair and regular trial.

This balance between military necessity and humanitarian protection runs throughout the Convention. States are given flexibility to address genuine security threats, but this flexibility is constrained by fundamental principles of human dignity and procedural fairness.

Contemporary relevance 🔗

The protections established in 1949 remain highly relevant today. In conflicts from Syria to Ukraine, foreign nationals have found themselves trapped in war zones, facing difficult decisions about whether to flee or remain. The updated ICRC Commentary on the Fourth Geneva Convention, released in 2025, reaffirms these protections while addressing how they apply to modern conflicts involving urban warfare, cyber operations, and asymmetric threats.

Recent practice has shown both the strength and limitations of these legal protections. When states respect the Convention, aliens can leave safely, receive consular assistance, and avoid being scapegoated for the conflict. When states ignore these obligations, aliens become victims of arbitrary detention, discrimination, and violence.

The Convention’s framework remains vital because it establishes clear legal obligations rather than leaving treatment of aliens to the discretion of individual states. It provides a basis for international monitoring, diplomatic intervention, and eventual accountability for violations.

What do you think? How can the international community better ensure that states respect the rights of foreign nationals during armed conflicts? What additional protections might be needed to address challenges posed by modern warfare, such as cyber conflicts or the use of artificial intelligence in targeting decisions?

References

1. https://www.ohchr.org/en/instruments-mechanisms/instruments/geneva-convention-relative-protection-civilian-persons-time-war
2. https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.33_GC-IV-EN.pdf
3. https://lieber.westpoint.edu/other-side-civilian-protection-fourth-geneva-convention/
4. https://hrlibrary.umn.edu/iachr/terrorism-ch3-2.html
5. https://en.wikipedia.org/wiki/Geneva_Conventions
6. https://www.icrc.org/en/article/updated-commentary-fourth-geneva-convention