International law and humanitarian obligations
All information on the influence of international law on German migration law (including Germany's obligations under international law).
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Here you learn ...
what position international migration law has in Germany
which important posting regulations follow from international law
how international law influences German law in the area of migration
what humanitarian obligations Germany has
Table of contents
1. International law and national law
2. International law and general residence law
2.1 General Agreement on Trade in Services (GATS)
2.2 Special agreements with individual countries
3. International humanitarian law
4. Main humanitarian obligations
4.1 Asylum and Convention refugees
4.2 Subsidiary protection
4.3 Toleration and deportation bans
4.4 Humanitarian admission programs
4.5 Hardship cases
4.6 Humanitarian settlement permit
5. FAQ International Law
6. Conclusion International Law and Migration
1. International law and national law
Germany is bound by numerous international and European law treaties in the area of migration law. EU law (especially the right to freedom of movement ) is particularly influential in this regard, with entry regulations largely determined by Schengen law. These international agreements regulate not only practical aspects such as visa exemptions , but also key humanitarian obligations towards those seeking protection.
In the hierarchy of norms, international law takes precedence over European and national law. This means that Germany cannot evade its obligations under international law. In the event of violations of international treaties, the Federal Republic must answer to international courts such as the European Court of Human Rights (ECHR) or the European Court of Justice (ECJ).
2. International law and general residence law
2.1 General Agreement on Trade in Services (GATS)
International law is primarily relevant within the framework of multilateral agreements . In addition to military and diplomatic agreements, these include, in particular, the WTO's General Agreement on Trade in Services (GATS). These agreements contain specific provisions for migration in special cases. For example, nationals of GATS-party countries may be posted to Germany under simplified conditions ("GATS posting," Section 19c (1) of the Residence Act in conjunction with Section 29 (5) of the Employment Ordinance ).
2.2 Special agreements with individual countries
In addition to these multilateral treaties, there are other treaties relevant to residence law that are limited to individual states. These include, for example:
Withdrawal Agreement between the EU and the United Kingdom (“Brexit Agreement”)
Youth Mobility Agreement with Canada and Working Holiday Programs
In addition to these agreements, there are numerous international treaties regarding the recognition of educational qualifications and social security law . A detailed list of these agreements would, however, go beyond the scope of this presentation. A VISAGUARD attorney would be happy to assist you if you have any further questions.
3. International humanitarian law
International humanitarian law plays a special role in the area of international law relevant to migration. Germany is obliged by various national and international human rights treaties to protect the rights and freedoms of the individual. This applies in particular to the right to life and an appropriate minimum standard of living (“ bed, bread, soap ”) and the right to respect for human dignity. The most important treaties and declarations include the European fundamental treaties (TFEU, TEU, EU Charter of Fundamental Rights), the Universal Declaration of Human Rights (UDHR), the European Convention on Human Rights (ECHR) and key UN human rights agreements (e.g. the UNHCR Geneva Refugee Convention ). These legal instruments form the foundation for the protection of human rights in Germany.
These international treaties and declarations have been implemented into national law in Germany at both the constitutional and statutory levels. The most important national humanitarian protection regulations for foreigners include the following:
Fundamental right to asylum in cases of political persecution and the Geneva Refugee Convention ( Article 16a of the Basic Law and the Asylum Act (AsylG) ; so-called “residence permit”)
subsidiary protection from certain countries ( Section 4 Asylum Act )
Toleration and deportation bans ( §§ 60 ff. AufenthG )
Humanitarian admission programs ( §§ 22 - 24 AufenthG )
In addition to these protection rights, there are numerous other humanitarian residence rights, which, however, are very case-specific.
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4. Main humanitarian obligations
4.1 Asylum and Convention refugees
A Convention refugee is a person who, in accordance with the Geneva Convention on Refugees, was forced to leave their country of origin due to a well-founded fear of persecution because of their race, religion, nationality, political opinion, or membership in a particular social group. In Germany, this protection status is examined and granted as part of the asylum procedure. There are no practical differences between Convention status under the Geneva Convention on Refugees and asylum status.
In order to be recognized as a Convention refugee or asylum seeker in Germany by the Federal Office for Migration and Refugees (BAMF) , the following requirements must be met in accordance with Sections 3 et seq. of the Asylum Act :
Germany's jurisdiction under Dublin law (CEAS)
Well-founded fear of individual persecution – e.g., by state bodies or groups against whom the state cannot offer protection
Residence in Germany and no safe country of origin – persons from safe countries of origin have a harder time being recognized (so-called “obvious unfoundedness”, §§ 29a ff. Asylum Act )
No alternative to internal flight – there must be no possibility of living safely within the country of origin.
No grounds for exclusion (e.g. war criminals as asylum seekers)
Anyone who is recognized as a refugee or asylum seeker in Germany can receive a residence permit in accordance with Section 25 Paragraph 2 Sentence 1 Clause 1 of the Residence Act .
4.2 Subsidiary protection
Subsidiary protection is a form of international protection for individuals who, although not recognized as asylum seekers or refugees under the Convention, would suffer serious harm if they returned to their country of origin. Unlike asylum or refugee status, the danger is not based on individual persecution, but rather on general dangers such as civil war. Subsidiary protection in Germany is particularly relevant for civil war refugees from Syria.
Those granted subsidiary protection in Germany initially receive a residence permit in accordance with Section 25, Paragraph 2, Sentence 1, Clause 2 of the Residence Act . This protection status entitles them to family reunification under certain conditions and provides access to the labor market and integration measures. The decision on subsidiary protection is made by the Federal Office for Migration and Refugees (BAMF) as part of the asylum procedure.
4.3 Toleration and deportation bans
A toleration permit is not a residence permit, but merely a temporary suspension of deportation. People with tolerated status are allowed to stay in Germany even though they are actually required to leave the country – for example, because deportation is not possible for legal or factual reasons . Common reasons include missing travel documents, illness, or humanitarian objections. People with tolerated status have limited rights, but under certain circumstances can apply for permission to work in order to advance their integration. Under certain circumstances, people with tolerated status can receive a residence permit in accordance with Section 25 Paragraph 3 of the Residence Act , Section 104c of the Residence Act, or Sections 25a and 25b of the Residence Act.
4.4 Humanitarian admission programs
Another option for humanitarian protection in Germany is humanitarian admission programs . Of particular relevance, for example, is admission under the Mass Influx Directive (Directive 2001/55/EC), which has brought numerous Ukrainians to Germany ( Section 24 of the Residence Act ). There are also admission programs for Jewish citizens and people from Afghanistan ( Sections 22 et seq. of the Residence Act ). In addition, there are humanitarian admission programs run by individual federal states.
4.5 Hardship cases
To protect life and other legitimate interests, residence permits are also available for so-called hardship cases ( Section 23a of the Residence Act ). Under this regulation, foreign nationals in hardship cases can be granted residence in Germany. A corresponding decision by a so-called hardship commission is required.
4.6 Humanitarian settlement permit
In many cases, Germany's rights to foreign nationals exceed its obligations under international law. For example, foreign nationals staying in Germany for humanitarian reasons may, under certain conditions, apply for a settlement permit ( Section 26, Paragraph 3 and Paragraph 4 of the Residence Act ). One of our lawyers would be happy to advise you on this matter.
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Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Our specialised attorneys are always by your side. Contact us to book an online appointment with a German immigration lawyer!
5. FAQ
What is the significance of international law in German residence law?
International law takes precedence over national law in the hierarchy of norms. Germany is obligated to implement and comply with international agreements such as the Geneva Refugee Convention and the European Convention on Human Rights. These significantly influence the rights of migrants and those seeking protection.
Which international agreements regulate migration to Germany?
Important agreements include the GATS Agreement (Trade in Services), bilateral visa agreements, the Association Council Decision with Turkey, the Mass Influx Directive, and the Brexit Agreement. These regulate specific entry and residence rights for specific groups of people.
What is meant by international humanitarian law?
International humanitarian law protects fundamental human rights, particularly in emergencies. It obliges Germany to respect human dignity, protect life, and guarantee a minimum standard of living. This is based, among other things, on the ECHR, the UDHR, and the Geneva Refugee Convention.
6. Conclusion
German migration law is largely shaped by international law and the resulting humanitarian obligations. International treaties such as the Geneva Refugee Convention, the GATS Agreement, and specific bilateral regulations set binding standards that Germany must observe – both for entry and for the protection of particularly vulnerable groups of people. In many areas, national law even goes beyond the minimum standards required by international law. Particularly in the area of humanitarian residence permits – from toleration to settlement permits – it is clear that Germany provides comprehensive instruments for those in need of protection. Overall, it can be stated that international law not only provides a legal basis for the German migration system, but is also an expression of Germany's international responsibility and humanitarian obligation towards migrants and refugees.
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List of sources
[1] Marx, Residence, Asylum and Refugee Law, 8th edition 2023
[2] Huber/Mantel, Residence Act/Asyl Act, 4th edition, 2025
