THE INVICIBLE VICTIMS OF CLIMATE CHANGE: CLIMATE REFUGEES AND GAP IN INTERNATIONAL REFUGEE LAW
: https://doi.org/10.65725/JCISE/2/2/007
JOURNAL OF COMPUTATIONAL INTELLIGENCE SCIENCE AND ENGINEERING (JCISE)
ISSN: 3107-8168
Volume 2 Issue 2, Apr-Jun 2026
Abstract:
Climate change has become a major cause of human displacement through rising sea levels, floods, droughts, and other environmental disasters, leading to a growing population commonly described as climate refugees. However, those who have been relocated due to climate related reasons are not expressly recognized under current international refugee legislation, including the 1951 refugee convention and the 1967 protocol. This study aims to examine the legal status of climate refugees and identify gaps in the present refugee protection framework. This research employs a doctrinal research method with primary legal sources such as international conventions, human rights instruments, judicial decisions, and pertinent secondary literature. Th¬¬¬e research finds that the current refugee definition is limited to persecution based on race, religion,¬¬ ¬¬nationality, political opinion, or membership of a particular social group, thereby excluding those displaced solely due to environmental factors. Recent international developments demonstrate a growing awareness that climate change threatens basic human rights, yet no enforceable legal mechanism presently grants formal refugee status to climate displaced persons. Consequently, many impacted individuals rely on short-term humanitarian assistance or domestic migration policies without assurances protection. The international refugee law remains insufficient to respond to climate-induced displacement. It recommends either broadening the application of current refugee legislation or adopting a distinct international legal framework specifically for climate refugees. To provide justice and protection for vulnerable populations, more international cooperation, regional responsibility sharing, and robust climate adaptation measures are also required.
Authors: P. Afrose Rukaiya
Keywords: Climate refugees, refugee law, human rights, climate displacement, 1951 Refugee Convention, human rights, environmental migration.