An anthology of papers by scholars of international law, this book looks at whether civilians fleeing war zones to seek asylum in another country (war refugees) are protected by international law. The book's major contribution is to look in depth at whether and how applying international humanitarian law may aid the protection of such people in useful ways. While international diplomats agree that war refugees should be protected by international refugee law, existing protections do not explicitly cover refugees from war. Contributors look at whether a combination of Geneva law and Hague law (collectively, IHL) might do the job. Sections look at cross-cutting issues, inclusion and exclusion under the Refugee Convention, regional definitions and systems, and protections for non-return to armed conflict. A final chapter looks at wider approaches. Annotation ©2014 Ringgold, Inc., Portland, OR (protoview.com)
This book contributes to a long-standing but ever topical debate about whether persons fleeing war to seek asylum in another country war refugees are protected by international law. It seeks to add to this debate by bringing together a detailed set of analyses examining the extent to which the application of international humanitarian law (IHL) may usefully advance the legal protection of such persons. This generates a range of questions about the respective protection frameworks established under international refugee law (IRL) and IHL and, specifically, the potential for interaction between them. As the first collection to deal with the subject, the eighteen chapters that make up this unique volume supply a range of perspectives on how the relationship between these two separate fields of law may be articulated and whether IHL may contribute to providing refuge from the inhumanity of war.
Recenzijos
"Over time, the conduct of hostilities, together with the protection of refugees, have undergone major changes. The assessment whether individuals can be defined as refugees within the meaning of the Refugee Convention has progressed with the support of modern technology. However, the definition of terms, such as armed conflict, civilian and combatant continues to muddy waters in this area. This collection of essays provides clarity on these interpretive issues and suggests approaches for overcoming the challenges that humanitarian law poses for refugee law. This book will be useful not only for academics, but also for legal practitioners and students, who are invited to reflect on the complex nexus between refugee law and humanitarian law." Anna Marie Brennan, Journal of International Criminal Justice (2014), Oxford University Press.
Acknowledgements |
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Abbreviations |
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Notes on Contributors |
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xii | |
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1 Refuge from Inhumanity? Canvassing the Issues |
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3 | (36) |
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PART 2 Interpretive Guidance from IHL: Cross-Cutting Issues |
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2 The `War Flaw' and Why It Matters |
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39 | (18) |
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3 Causation in International Protection from Armed Conflict |
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57 | (22) |
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4 Expanding Refugee Protection through International Humanitarian Law: Driving on a Highway or Walking near the Edge of the Abyss? |
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79 | (22) |
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PART 3 Interpretive Guidance from IHL: Inclusion and Exclusion under the Refugee Convention |
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5 Persecution and the Nexus to a Refugee Convention Ground in Non-International Armed Conflict: Insights from Customary International Humanitarian Law |
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101 | (27) |
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6 Inclusion of Refugees from Armed Conflict: Combatants and Ex-combatants |
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128 | (27) |
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7 Exclusion is Not Just about Saying `No': Taking Exclusion Seriously in Complex Conflicts |
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155 | (24) |
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PART 4 Interpretive Guidance from IHL: Regional Definitions and Systems |
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8 The African War Refugee: Using IHL to Interpret the 1969 African Refugee Convention's Expanded Refugee Definition |
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179 | (25) |
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9 A Simple Solution to War Refugees? The Latin American Expanded Definition and its relationship to IHL |
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204 | (21) |
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10 Revisiting the Civilian and Humanitarian Character of Refugee Camps |
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225 | (22) |
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11 The (Mis) Use of International Humanitarian Law under Article 15(C) of the EU Qualification Directive |
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247 | (23) |
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12 What Protection for Persons Fleeing Indiscriminate Violence? The Impact of the European Courts on the EU Subsidiary Protection Regime |
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270 | (25) |
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Evangelia (Lilian) Tsourdi |
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13 Of Autonomy, Autarky, Purposiveness and Fragmentation: The Relationship between EU Asylum Law and International Humanitarian Law |
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295 | (50) |
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PART 5 IHL Protections for Non-Return to Armed Conflict |
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14 Laws of Unintended Consequence? Nationality, Allegiance and the Removal of Refugees during Wartime |
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345 | (28) |
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15 The Scope of the Obligation Not to Return Fighters under the Law of Armed Conflict |
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373 | (13) |
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16 Non-Refoulement between `Common Article 1' and `Common Article 3' |
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386 | (25) |
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PART 6 Wider Approaches to Protection of War Victims |
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17 Protection against the Forced Return of War Refugees: An Interdisciplinary Consensus on Humanitarian Non-refoulement |
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411 | (22) |
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18 Non-refoulement, Temporary Refuge, and the `New' Asylum Seekers |
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433 | (28) |
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Bibliography |
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461 | (24) |
Index |
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485 | |
David James Cantor is Director of the Refugee Law Initiative and a Reader in Human Rights Law at the School of Advanced Study, University of London. His research addresses the protection of refugees and other displaced persons and he has carried out extensive fieldwork across Latin America. He has also trained and advised governments from Latin America, the Caribbean, Africa, Asia and the Pacific. He previously worked as a Legal Officer at the Refugee Legal Centre and for UNHCR. He holds a three-year ESRC Future Research Leaders grant for his project on Pushing the Boundaries: New Dynamics of Forced Migration and Transnational Responses in Latin America. He is director of the new distance-learning MA in Refugee Protection and Forced Migration Studies.
Jean-Franēois Durieux has taught international law at the Refugee Studies Centre (Oxford) 2007-2009, and again 2011-2012. He is currently affiliated with this Centre as a Research Associate and as Senior Adviser to the Humanitarian Innovation Project. He served with UNHCR for over 30 years, during which he worked in Africa, Asia, North America and Latin America, as well as at UNHCR Headquarters in Geneva, notably in the Division of International Protection and in the Regional Bureau for Europe. He has published widely in the field of international and regional refugee law, with a focus on legal responses to mass influxes of refugees, as well as the legal implications of refugee emergencies and protracted refugee situations. He has organised seminars and short courses on statelessness and on the cross-fertilisation of refugee law, human rights law, and international humanitarian law.