Laws of Unintended Consequence? Nationality, Allegiance and the Removal of Refugees during Wartime

In: Refuge from Inhumanity? War Refugees and International Humanitarian Law
Author:
David James Cantor
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Type:
Chapter
Pages:
343–372
DOI:
https://doi.org/10.1163/9789004261594_015

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Series:  International Refugee Law Series, Volume: 2
Cover Refuge from Inhumanity? War Refugees and International Humanitarian Law
E-Book ISBN:
9789004261594
Publisher:
Brill | Nijhoff
Print Publication Date:
01 Jan 2014
Preliminary Material
Refuge from Inhumanity? Canvassing the Issues
The ‘War Flaw’ and Why It Matters
Causation in International Protection from Armed Conflict
Expanding Refugee Protection through International Humanitarian Law: Driving on a Highway or Walking near the Edge of the Abyss?
Persecution and the Nexus to a Refugee Convention Ground in Non-International Armed Conflict: Insights from Customary International Humanitarian Law
Inclusion of Refugees from Armed Conflict: Combatants and Ex-combatants
Exclusion is Not Just about Saying ‘No’: Taking Exclusion Seriously in Complex Conflicts
The African War Refugee: Using ihl to Interpret the 1969 African Refugee Convention’s Expanded Refugee Definition
A Simple Solution to War Refugees? The Latin American Expanded Definition and its relationship to ihl
Revisiting the Civilian and Humanitarian Character of Refugee Camps
The (Mis)Use of International Humanitarian Law under Article 15(C) of the eu Qualification Directive
What Protection for Persons Fleeing Indiscriminate Violence? The Impact of the European Courts on the eu Subsidiary Protection Regime
Of Autonomy, Autarky, Purposiveness and Fragmentation: The Relationship between eu Asylum Law and International Humanitarian Law
The Scope of the Obligation Not to Return Fighters under the Law of Armed Conflict
Non-Refoulement between ‘Common Article 1’ and ‘Common Article 3’
Protection against the Forced Return of War Refugees: An Interdisciplinary Consensus on Humanitarian Non-refoulement
Non-refoulement, Temporary Refuge, and the ‘New’ Asylum Seekers
Bibliography
Index

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