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 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.
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-François 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.
"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.
Part I Introduction
Chapter 1: Refuge from Inhumanity? Canvassing the Issues Jean-François Durieux and David James Cantor Part II Interpretive Guidance from IHL: Cross-Cutting Issues
Chapter 2: The ‘War Flaw’ and Why It Matters Hugo Storey Chapter 3: Causation in International Protection from Armed Conflict Hélène Lambert Chapter 4: Expanding Refugee Protection through International Humanitarian Law: Driving on a Highway or Walking near the Edge of the Abyss? Stéphane Jaquemet Part III Interpretive Guidance from IHL: Inclusion and Exclusion under the Refugee Convention
Chapter 5: Persecution and the Nexus to a Refugee Convention Ground in Non-International Armed Conflict: Insights from Customary International Humanitarian Law Vanessa Holzer Chapter 6: Inclusion of Refugees from Armed Conflict: Combatants and Ex-combatants Eric Fripp Chapter 7: Exclusion is Not Just about Saying ‘No’: Taking Exclusion Seriously in Complex Conflicts Geoff Gilbert Part IV Interpretive guidance from IHL: regional definitions and systems
Chapter 8: The African War Refugee: Using IHL to Interpret the 1969 African Refugee Convention’s Expanded Refugee Definition Tamara Wood Chapter 9: A Simple Solution to War Refugees? The Latin American Expanded Definition and its relationship to IHL David James Cantor and Diana Trimiño Mora Chapter 10: Revisiting the Civilian and Humanitarian Character of Refugee Camps Maja Janmyr Chapter 11: The (Mis)Use of International Humanitarian Law under Article 15(C) of the EU Qualification Directive Céline Bauloz Chapter 12: What Protection for Persons Fleeing Indiscriminate Violence? The Impact of the European Courts on the EU Subsidiary Protection Regime Evangelia (Lilian) Tsourdi Chapter 13: Of Autonomy, Autarky, Purposiveness and Fragmentation: The Relationship between EU Asylum Law and International Humanitarian Law Violeta Moreno-Lax Part V IHL Protections for Non-Return to Armed Conflict
Chapter 14: Laws of Unintended Consequence? Nationality, Allegiance and the Removal of Refugees during Wartime David James Cantor Chapter 15: The Scope of the Obligation Not to Return Fighters under the Law of Armed Conflict Françoise J. Hampson Chapter 16: Non-Refoulement between ‘Common Article 1’ and ‘Common Article 3’ Reuven (Ruvi) Ziegler Part VI Wider Approaches to Protection of War Victims
Chapter 17: Protection against the Forced Return of War Refugees: An Interdisciplinary Consensus on Humanitarian Non-refoulementJennifer Moore Chapter 18: Non-refoulement, Temporary Refuge, and the ‘New’ Asylum Seekers Guy S. Goodwin-Gill Index.