Racial discrimination and the evacuation of international armed conflict territory : the case of Russia and Ukraine

Abstract

On 24 February 2022, Russian armed forces, under the instructions of Vladimir Putin, launched a military operation into Ukraine, invading the neighbouring territory and launching full-scale ground operations in regions of Ukraine causing many to flee in a bid to evacuate. Reports also presented strong evidence that Ukrainian officials at border posts regulating evacuation seemingly gave preferential treatment to Europeans, particularly white Europeans, while not allowing black migrants access to trains and effectively not allowing them to evacuate. The research seeks to address the treatment of black migrants in Ukraine during the war and outline the injustice not from a political stance but from the lens of International Humanitarian Law and the violation of the rules and the rights conferred by International Humanitarian Law. It is essential first to investigate if migrants are protected by International Humanitarian Law, and if they are privy to the right articulated in Article 35 of the Geneva Convention (IV) which affords protected persons the right to leave a territory party to conflict. Additionally, an inquiry will be made to determine whether the right includes protection against discrimination.