Refuge from Inhumanity? War Refugees and International Humanitarian Law

Refuge from Inhumanity? War Refugees and International Humanitarian Law PDF

Author: David Cantor

Publisher: Martinus Nijhoff Publishers

Published: 2014-07-10

Total Pages: 512

ISBN-13: 9004261591

DOWNLOAD EBOOK →

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.

Status and Treatment of Deserters in International Armed Conflicts

Status and Treatment of Deserters in International Armed Conflicts PDF

Author: Heike Niebergall-Lackner

Publisher: BRILL

Published: 2016-02-11

Total Pages: 288

ISBN-13: 9004308849

DOWNLOAD EBOOK →

The study examines the treatment and protection provided to deserters under human rights law, international humanitarian law and refugee law in international armed conflicts. These questions are discussed in view of the legal duties of soldiers and their criminal responsibility under international law.

International Refugee Law

International Refugee Law PDF

Author: Hne Lambert

Publisher: Routledge

Published: 2017-07-05

Total Pages: 554

ISBN-13: 1351562215

DOWNLOAD EBOOK →

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

An Introduction to International Refugee Law PDF

Author: M. Rafiqul Islam

Publisher: Martinus Nijhoff Publishers

Published: 2013-05-15

Total Pages: 447

ISBN-13: 9004226168

DOWNLOAD EBOOK →

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.

Child Refugee Asylum as a Basic Human Right

Child Refugee Asylum as a Basic Human Right PDF

Author: Sonja C. Grover

Publisher: Springer

Published: 2018-05-24

Total Pages: 251

ISBN-13: 3319780131

DOWNLOAD EBOOK →

This book addresses the intersection of various domains of international law (refugee law, human rights law including child rights international law and humanitarian law) in terms of the implications for State obligations to child refugee asylum seekers in particular; both as collectives and as individual persons. How these State obligations have been interpreted and translated into practice in different jurisdictions is explored through selected problematic significant cases. Further, various threats to refugee children realizing their asylum rights, including refoulement of these children through State extraterritorial and pushback migration control strategies, are highlighted through selected case law. The argument is made that child refugee asylum seekers must not be considered, in theory or in practice, beyond the protection of the law if the international rule of law grounded on respect for human dignity and human rights is in fact to prevail.

Mass Refugee Influx and the Limits of Public International Law

Mass Refugee Influx and the Limits of Public International Law PDF

Author: Ann Vibeke Eggli

Publisher: BRILL

Published: 2021-11-15

Total Pages: 343

ISBN-13: 9004503064

DOWNLOAD EBOOK →

Situations of mass refugee influx represent by their very size and urgency daunting evidence of human suffering and cruelty. Consequently, the level and quality of refugee protection in times of crisis is tested. The choices to be made have to take into due consideration the prevalent conditions and restraints. They will probably always result in compromises. The question is whom or what the compromises are about? The focus in the present volume has been set on a detailed examination of some legal preconceptions commonly found in situations of mass refugee in-migration. The author concludes that situations when refugees arrive en masse do not, as a rule, qualify as a public emergency that threatens the life of the nation under contemporary international human rights law, and that mass expulsion of refugees as an emergency measure is prohibited at all times when this entails the risk of violating rights immune to derogation.

The Problem of Refugees in the Light of Contemporary International Law Issues

The Problem of Refugees in the Light of Contemporary International Law Issues PDF

Author: Vera Gowlland-Debbas

Publisher: BRILL

Published: 2024-01-22

Total Pages: 205

ISBN-13: 9004636811

DOWNLOAD EBOOK →

The contributions collected in the present book go beyond refugee law in its traditional sense - largely centred on questions of durable asylum and the plight of only a small tranche of the asylum-seeking population - in situating refugee law within the broader international legal system. The refugee problem is thus seen as a prism through which a host of exploding issues confront traditional international law and international relations: creation and dissolution of states, state responsibility, human rights, international jurisdiction and the United Nations mandate. These theoretical problems and their legal incidence on the refugee condition are debated against the background of UNHCR field operations in Former Yugoslavia, Africa and Eastern Europe. The contributions were originally presented at a Colloquium held in May 1994, organised by the Graduate Institute of International Studies in collaboration with the Office of the United Nations High Commissioner for Refugees. Refugee law experts, members of the UN International Law Commission and practitioners were brought together in a dialogue between scholars and practitioners on a major and exponentially growing international problem.

Armed Conflict and Displacement

Armed Conflict and Displacement PDF

Author: Mélanie Jacques

Publisher: Cambridge University Press

Published: 2012-09-20

Total Pages: 294

ISBN-13: 1107005973

DOWNLOAD EBOOK →

A detailed analysis of contemporary issues relating to international humanitarian law and its interplay with war migrants.

Lanterna Rally - Theme by Grace Themes