المهاجر غير الشرعي بين القانون الدولي الإنساني و حقوق الإنسان

Abstract EN

The main objective of this study is to focus the author's attention on the differences between the legal status of the clandestine migrant and the refugee's legal status, in terms of international humanitarian law and international human rights law.

'man.

The clandestine migrant, the refugee or the asylum seeker, the point on these terms often badly used, something which needs to clarify the question on the legal, procedural or jurisdictional level.

The migrant, as defined by the U.

N.

U, is a person born in one country and lives in another country for more than one year, for whatever reason.

This is a general category to which, in particular, clandestine migrants belong in many forms and for many reasons.

Thus, the status of the illegal migrant is governed by international instruments on international human rights law.

In addition, the refugee is a person forced to leave his country because of a major political crisis: war, ethnic violence.

He is an asylum seeker first, while his situation is studied and if it meets the criteria of the Geneva Convention of 1951 on refugees, he then obtains refugee status, because it is not enough to come from a war zone to automatically be granted refugee status.

Therefore, the status of the refugee is governed by the principles and rules of humanitarian law and refugee legislation including the 1951 Geneva Convention.