The legal instruments, on which refugees can rely to secure international protection, are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. Supported by soft laws which were developed by the international community during the past decades, they form the “protection regime for refugees” which is set to respond to all refugee situations.
This book is an evaluation of the international response to a major protracted humanitarian situation. As such, it is the first comprehensive account and assessment of the effectiveness of international law in dealing with Iraqi refugees during the regime of Saddam Hussein. It contains detailed information and analysis of the history and behaviour of Iraq and its neighbouring states as regards refugees, as well as of the operations of international organizations, both inter-governmental and non-governmental, and legal responses to humanitarian needs. The factual context in which the legal analysis is presented grounds the legal theory.
M.R. Alborzi has served as a high-ranking diplomat and researcher for the past twenty years and is an expert on the United Nations and the Middle East. He holds a Ph.D. in law from the Swiss University of Neuchâtel and has contributed to the UNHCR in the process of development of the international protection regime for refugees.
Table of contents
Chapter One: Introduction;
Chapter Two: Description of the Situation;
I. Background of Refugee Crisis of Iraq;
II. Role of the Neighbouring Countries;
III. Existing Humanitarian Challenges in the Region;
Chapter Three: Law and Humanitarian Actors;
I. Role of the UN and Humanitarian Agencies Involved;
II. Legal Terms of Reference;
Chapter Four: Applicability of International Law;
I. Lacunae in the Refugee Definition and Treaty Obligations;
II. Protection for Refugees Compared to IDPs;
III. Deficiency in Addressing Mass Influx;
IV. The Principle of Burden-Sharing; V. Relevance of Human Rights;
VI. Soft Laws and Precedents: Efforts to Redress Shortcomings;
Chapter Five: Evaluation and Recommendations;