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R2P and Refugee Protection: Framing the Responsibility to Protect Prima Facie Refugees Fleeing Mass Atrocity Crimes

In: Global Responsibility to Protect
Author:
Hamzah S. Aldoghmi Queensland University of Technology, Australia, hamzahsuleimannaser.aldoghmi@connect.qut.edu.au

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Recently, there has been increasing recognition that the Responsibility to Protect principle (R2P) and refugee protection are inextricably linked and conceptually connected. The question remains, however, whether the link between the two protection frameworks can provide a basis for the protection of prima facie refugees fleeing mass atrocity crimes. This article identifies that prima facie refugees have the right to protection irrespective of where they arrive. It finds that the prima facie provision is one that exists under international refugee law and is highly relevant to the R2P principle. R2P facilitates a framework of prima facie protection, but it must include the political and legal norms of R2P and international refugee law. The article argues that expanding the idea of R2P and refugee protection as an interlinked agenda offers a protection-oriented framework to address the protection needs of prima facie refugees fleeing mass atrocity crimes.

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