Refugees From Armed Conflict The 1951 Refugee Convention And International Humanitarian Law Paperback Volume 15
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Refugees From Armed Conflict
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Author : Vanessa Holzer
language : en
Publisher:
Release Date : 2015-08-31
Refugees From Armed Conflict written by Vanessa Holzer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-31 with categories.
Armed conflicts are a major cause of forced displacement, but people displaced by conflict are often not recognized as refugees under the 1951 Convention Relating to the Status of Refugees. They are frequently considered as having fled from generalized violence rather than from persecution. This book determines the international meaning of the refugee definition in Article 1A(2) of the Convention as regards refugee protection claims related to situations of armed conflict in the country of origin. Although the human rights based interpretation of the refugee definition is widely accepted, the interpretation and application of the Convention as regards claims to refugee status that relate to armed conflict is often marred with difficulties. Moreover, contexts of armed conflict pose the question of whether and to what extent the refugee definition should be interpreted in light of international humanitarian law. This book identifies the potential and limits of this interpretative approach. Starting from the history of international refugee law, the book situates the 1951 Convention within the international legal framework for the protection of the individual in armed conflict. It examines the refugee definition in light of human rights, international humanitarian law, and international criminal law, focusing on the elements of the refugee definition that most benefit from this interpretative approach: persecution and the requirement that the refugee claimant's predicament must be causally linked to the race, religion, nationality, and/or membership of a particular social group or political opinion. (Series: International Law - Vol. 15) [Subject: International Law, Humanitarian Law, Human Rights Law, Criminal Law]
Refugees From Armed Conflict The 1951 Refugee Convention And International Humanitarian Law Paperback Volume 15
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Author : Vanessa Holzer
language : en
Publisher: International Law
Release Date : 2015-09-16
Refugees From Armed Conflict The 1951 Refugee Convention And International Humanitarian Law Paperback Volume 15 written by Vanessa Holzer and has been published by International Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-16 with Law categories.
Armed conflicts are a major cause of forced displacement, but people displaced by conflict are often not recognised as refugees under the 1951 Refugee Convention. They are frequently considered as having fled from generalised violence rather than from persecution.This book determines the international meaning of the refugee definition in Article 1A(2) of the 1951 Refugee Convention as regards refugee protection claims related to situations of armed conflict in the country of origin. Although the human rights-based interpretation of the refugee definition is widely accepted, the interpretation and application of the 1951 Refugee Convention as regards claims to refugee status that relate to armed conflict is often marred with difficulties. Moreover, contexts of armed conflict pose the question of whether and to what extent the refugee definition should be interpreted in light of international humanitarian law. This book identifies the potential and limits of this interpretative approach. Starting from the history of international refugee law, the book situates the 1951 Refugee Convention within the international legal framework for the protection of the individual in armed conflict. It examines the refugee definition in light of human rights, international humanitarian law and international criminal law, focusing on the elements of the refugee definition that most benefit from this interpretative approach: persecution and the requirement that the refugee claimant's predicament must be causally linked to race, religion, nationality, membership of a particular social group or political opinion.Refugees from Armed Conflict is of interest to academics and practitioners in international refugee and human rights law.'Anyone who is interested in the present refugee debate, should at some point take up Holzer's book [...].' (ZAR, 2016, 5-6, p. 186)
Conflict Displacement And Legal Protection
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Author : Charlotte Lülf
language : en
Publisher: Routledge
Release Date : 2019-02-05
Conflict Displacement And Legal Protection written by Charlotte Lülf and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-05 with Law categories.
While the 21st century bears witness to several conflicts leading to mass displacement, the conflict in Syria has crystallised the need for a solid legal framework and legal certainty. This book analyses the relevant legal instruments for the provision of a protection status for persons fleeing to Europe from conflict and violence. It focuses on the conceptualisation of conflict and violence in the countries of origin and the different approaches taken in the interpretation of them in the 1951 Refugee Convention, the Recast Qualification Directive of the European Union and the European Convention on Human Rights. It traces the hierarchical order of protection granted, starting with refugee protection status, to subsidiary protection status and finally with the negative protection from non-refoulement. Recent case law and asylum status determination practices of European countries illustrate the obstacles in the interpretation as well as the divergence in the application of the legal instruments. The book fills an important gap in examining the current practices of key actors, including the United Nations High Commissioner for Refugees and European states, tracing changes in national and international policies and revealing discrepancies towards contemporary approaches to conflicts. It refines the interaction and cross-fertilisation of the different relevant fields of European asylum law, human rights law and the laws of armed conflict in order to further the development of a harmonised protection regime for conflict-induced displacement.
Refuge From Inhumanity War Refugees And International Humanitarian Law
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Author : David Cantor
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2014-07-13
Refuge From Inhumanity War Refugees And International Humanitarian Law written by David Cantor and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-13 with Law categories.
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.
International Refugee Law
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Author : Hne Lambert
language : en
Publisher: Routledge
Release Date : 2017-07-05
International Refugee Law written by Hne Lambert and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with History categories.
The essays selected and reproduced in this volume explore how international refugee law is dynamic and constantly evolving. From an instrument designed to protect mostly those civilians fleeing the worse excesses of World War II, the 1951 Refugee Convention has developed into a set of principles, customary rules, and values that are now firmly embedded in the human rights framework, and are applicable to a far broader range of refugees. In addition, international refugee law has been affected by international humanitarian law and international criminal law (and vice versa). Thus, there is a reinforcing dynamic in the development of these complementary areas of law. At the same time, in recent decades states have shown a renewed interest in managing migration, thereby raising issues of how to reconcile such interests with refugee protection principles. In addition, the emergence of concepts of participation and responsibility to protect promise to have an impact on international refugee law.
An Introduction To International Refugee Law
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Author : M. Rafiqul Islam
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-05-15
An Introduction To International Refugee Law written by M. Rafiqul Islam and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-15 with Law categories.
The book is designed to provide an overview of the development, meaning, and nature of international refugee law. The jurisprudence on the status of refugees, loss and denial of the refugees status, non-refoulement, asylum, problems and challenges of refugee protection, the law of return and the right of return, critical refugees and immigration law, and the role of international organizations in protection of refugees are revisited in the context of contemporary realities. The relationship between armed conflict, climate change, and human right violations induced refugees and the existing international refugee regime emerging will be succinctly highlighted and analysed in the book. This lucidly written and timely book will be immensely helpful to anyone grappling with the demonstrated inadequacies of international refugee law in real life situations today and desirous of the reorientation of its meaning and scope to cater for the changing needs and shared expectation of the international community in the 21st century.
In Flight From Conflict And Violence
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Author : Volker Türk
language : en
Publisher: Cambridge University Press
Release Date : 2017-01-20
In Flight From Conflict And Violence written by Volker Türk and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-20 with Political Science categories.
The impact of violence and conflict on refugee status determination and international protection is a key developing field. Given the contemporary dynamics of armed conflict, how to interpret and apply the refugee definitions at global and regional levels is increasingly relevant to governmental policy-makers, decision-makers, legal practitioners, academics and students. This book will provide a comprehensive analysis of the global and regional refugee instruments as they apply to claimants in flight from situations of armed violence and conflict, exploring their interrelationship and how they are interpreted and applied (or should be applied). As part of a broader United Nations High Commissioner for Refugees project to develop guidelines on the interpretation and application of international refugee law instruments to claimants fleeing armed conflict and other situations of violence, it includes contributions from leading scholars and practitioners in this field as well as emerging authors with specific expertise.
Conflict Refugees
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Author : Christel Querton
language : en
Publisher: Cambridge University Press
Release Date : 2023-08-10
Conflict Refugees written by Christel Querton and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-10 with Law categories.
Based on a systematic and empirical comparative study of six European Union countries, Christel Querton explores judicial decision-making in the context of persons fleeing armed conflicts in the EU. Addressing and redressing misconceptions about the relevance of the Refugee Convention, this book demonstrates how appellate authorities across the EU approach situations of armed conflict predominantly through outdated understandings of warfare and territoriality. Thus, they apply a higher standard of proof than is warranted by international refugee law. Adopting a gender perspective, Querton also shows how appellate authorities fail to acknowledge the gender-differentiated impact of armed conflicts. Drawing from gender and security studies, this book proposes an original conceptual framework which, supported by existing international legal standards, reframes the definition of 'refugee' and better reflects the reality of violence in modern-day conflicts. In doing so, it re-asserts the Refugee Convention as the cornerstone of international protection.
The International Protection Of Internally Displaced Persons
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Author : Catherine Phuong
language : en
Publisher: Cambridge University Press
Release Date : 2005-01-27
The International Protection Of Internally Displaced Persons written by Catherine Phuong and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-27 with Political Science categories.
Despite the fact that there are up to 25 million internally displaced persons around the world, their plight is still little known. Like refugees, internally displaced persons have been forced to leave their homes because of war and human rights abuses, but they have not left their country. This has major consequences in terms of the protection available to them. This 2005 book aims to offer a clear and easily accessible overview of this important humanitarian and human rights challenge. In contrast with other books on the topic, it provides an objective evaluation of UN efforts to protect the internally displaced. It will be of interest to all those involved with the internally displaced, as well as anyone seeking to gain an overall understanding of this complex issue.
Refugee Law And Durability Of Protection
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Author : Maria O’Sullivan
language : en
Publisher: Routledge
Release Date : 2019-05-08
Refugee Law And Durability Of Protection written by Maria O’Sullivan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-08 with Law categories.
This book examines the link between refugee protection, duration of risk and residency rights. It focuses on two main issues of importance to current state practice: the use of temporary forms of refugee status and residency and the legal criteria for cessation of refugee status under Article 1C(5) of the 1951 Refugee Convention. In analysing this issue, this book canvasses debates which are pertinent to many other contentious areas of refugee law, including the relationship between the refugee definition and complementary protection, application of the Refugee Convention in situations of armed conflict, and the role of non-state bodies as actors of protection. It also illustrates some of the central problems with the way in which the 1951 Refugee Convention is implemented domestically in key asylum host states. The arguments put forward in this book have particular significance for the return of asylum seekers and refugees to situations of ongoing conflict and post-conflict situations and is therefore highly pertinent to the future development of international refugee law.