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Author: Vanessa Holzer
Publisher:
ISBN: 9781780683188
Category :
Languages : en
Pages : 300
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Book Description
Armed conflicts are a major cause of forced displacement, but people displaced by conflict are often not recognized as refugees under the 1951 Convention Relating to the Status of Refugees. They are frequently considered as having fled from generalized violence rather than from persecution. This book determines the international meaning of the refugee definition in Article 1A(2) of the Convention as regards refugee protection claims related to situations of armed conflict in the country of origin. Although the human rights based interpretation of the refugee definition is widely accepted, the interpretation and application of the Convention as regards claims to refugee status that relate to armed conflict is often marred with difficulties. Moreover, contexts of armed conflict pose the question of whether and to what extent the refugee definition should be interpreted in light of international humanitarian law. This book identifies the potential and limits of this interpretative approach. Starting from the history of international refugee law, the book situates the 1951 Convention within the international legal framework for the protection of the individual in armed conflict. It examines the refugee definition in light of human rights, international humanitarian law, and international criminal law, focusing on the elements of the refugee definition that most benefit from this interpretative approach: persecution and the requirement that the refugee claimant's predicament must be causally linked to the race, religion, nationality, and/or membership of a particular social group or political opinion. (Series: International Law - Vol. 15) [Subject: International Law, Humanitarian Law, Human Rights Law, Criminal Law]
Author: Vanessa Holzer
Publisher:
ISBN: 9781780683188
Category :
Languages : en
Pages : 300
Get Book
Book Description
Armed conflicts are a major cause of forced displacement, but people displaced by conflict are often not recognized as refugees under the 1951 Convention Relating to the Status of Refugees. They are frequently considered as having fled from generalized violence rather than from persecution. This book determines the international meaning of the refugee definition in Article 1A(2) of the Convention as regards refugee protection claims related to situations of armed conflict in the country of origin. Although the human rights based interpretation of the refugee definition is widely accepted, the interpretation and application of the Convention as regards claims to refugee status that relate to armed conflict is often marred with difficulties. Moreover, contexts of armed conflict pose the question of whether and to what extent the refugee definition should be interpreted in light of international humanitarian law. This book identifies the potential and limits of this interpretative approach. Starting from the history of international refugee law, the book situates the 1951 Convention within the international legal framework for the protection of the individual in armed conflict. It examines the refugee definition in light of human rights, international humanitarian law, and international criminal law, focusing on the elements of the refugee definition that most benefit from this interpretative approach: persecution and the requirement that the refugee claimant's predicament must be causally linked to the race, religion, nationality, and/or membership of a particular social group or political opinion. (Series: International Law - Vol. 15) [Subject: International Law, Humanitarian Law, Human Rights Law, Criminal Law]
Author: Vanessa Holzer
Publisher: International Law
ISBN: 9781839702341
Category : Law
Languages : en
Pages : 0
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Book Description
Armed conflicts are a major cause of forced displacement, but people displaced by conflict are often not recognised as refugees under the 1951 Refugee Convention. They are frequently considered as having fled from generalised violence rather than from persecution.This book determines the international meaning of the refugee definition in Article 1A(2) of the 1951 Refugee Convention as regards refugee protection claims related to situations of armed conflict in the country of origin. Although the human rights-based interpretation of the refugee definition is widely accepted, the interpretation and application of the 1951 Refugee Convention as regards claims to refugee status that relate to armed conflict is often marred with difficulties. Moreover, contexts of armed conflict pose the question of whether and to what extent the refugee definition should be interpreted in light of international humanitarian law. This book identifies the potential and limits of this interpretative approach. Starting from the history of international refugee law, the book situates the 1951 Refugee Convention within the international legal framework for the protection of the individual in armed conflict. It examines the refugee definition in light of human rights, international humanitarian law and international criminal law, focusing on the elements of the refugee definition that most benefit from this interpretative approach: persecution and the requirement that the refugee claimant's predicament must be causally linked to race, religion, nationality, membership of a particular social group or political opinion.Refugees from Armed Conflict is of interest to academics and practitioners in international refugee and human rights law.'Anyone who is interested in the present refugee debate, should at some point take up Holzer's book [...].' (ZAR, 2016, 5-6, p. 186)
Author: Mélanie Jacques
Publisher: Cambridge University Press
ISBN: 1107005973
Category : Law
Languages : en
Pages : 294
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Book Description
A detailed analysis of contemporary issues relating to international humanitarian law and its interplay with war migrants.
Author: David Cantor
Publisher: Martinus Nijhoff Publishers
ISBN: 9004261591
Category : Law
Languages : en
Pages : 512
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Book Description
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.
Author: Vanessa Holzer
Publisher:
ISBN: 9781780685403
Category : Humanitarian law
Languages : en
Pages : 257
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Book Description
Author: Stephanie Sammartino McPherson
Publisher: Twenty-First Century Books ™
ISBN: 1541552636
Category : Young Adult Nonfiction
Languages : en
Pages : 128
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Book Description
According to a UN tally, more than 1 million people fled violence and persecution in 2015. Of these, more than half were children. Thousands died along the way. The Syrian civil war as well as armed conflicts in Nigeria, Afghanistan, Yemen, Somalia, and the Central African Republic contributed to the continuing exodus of people into Europe and North America. Learn more about these modern mass exoduses, what is fueling them in the 21st century, how nations are addressing the crises, how refugees contribute to and strain communities, and what kinds of solutions could help. Along the way, you'll meet actual refugees and the people who are trying to help.
Author: Volker Türk
Publisher: Cambridge University Press
ISBN: 1316773108
Category : Political Science
Languages : en
Pages : 515
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Book Description
The impact of violence and conflict on refugee status determination and international protection is a key developing field. Given the contemporary dynamics of armed conflict, how to interpret and apply the refugee definitions at global and regional levels is increasingly relevant to governmental policy-makers, decision-makers, legal practitioners, academics and students. This book will provide a comprehensive analysis of the global and regional refugee instruments as they apply to claimants in flight from situations of armed violence and conflict, exploring their interrelationship and how they are interpreted and applied (or should be applied). As part of a broader United Nations High Commissioner for Refugees project to develop guidelines on the interpretation and application of international refugee law instruments to claimants fleeing armed conflict and other situations of violence, it includes contributions from leading scholars and practitioners in this field as well as emerging authors with specific expertise.
Author: Charlotte Lülf
Publisher: Routledge
ISBN: 0429831234
Category : Law
Languages : en
Pages : 254
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Book Description
While the 21st century bears witness to several conflicts leading to mass displacement, the conflict in Syria has crystallised the need for a solid legal framework and legal certainty. This book analyses the relevant legal instruments for the provision of a protection status for persons fleeing to Europe from conflict and violence. It focuses on the conceptualisation of conflict and violence in the countries of origin and the different approaches taken in the interpretation of them in the 1951 Refugee Convention, the Recast Qualification Directive of the European Union and the European Convention on Human Rights. It traces the hierarchical order of protection granted, starting with refugee protection status, to subsidiary protection status and finally with the negative protection from non-refoulement. Recent case law and asylum status determination practices of European countries illustrate the obstacles in the interpretation as well as the divergence in the application of the legal instruments. The book fills an important gap in examining the current practices of key actors, including the United Nations High Commissioner for Refugees and European states, tracing changes in national and international policies and revealing discrepancies towards contemporary approaches to conflicts. It refines the interaction and cross-fertilisation of the different relevant fields of European asylum law, human rights law and the laws of armed conflict in order to further the development of a harmonised protection regime for conflict-induced displacement.
Author: Cathryn Costello
Publisher: Oxford University Press
ISBN: 0198848633
Category : Law
Languages : en
Pages : 1337
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Book Description
This Handbook draws together leading and emerging scholars to provide a comprehensive critical analysis of international refugee law. This book provides an account as well as a critique of the status quo, setting the agenda for future research in the field.
Author: Gil Loescher
Publisher: Oxford University Press
ISBN: 0192539841
Category : Social Science
Languages : en
Pages : 153
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Book Description
Refugees and other forced migrants are one of the great contemporary challenges the world is confronting. Throughout the world people leave their home countries to escape war, natural disasters, and cultural and political oppression. Unfortunately, even today, the international community struggles to provide an adequate response to this vast population in need. This Very Short Introduction covers a broad range of issues around the causes and impact of the contemporary refugee crisis for both receiving states and societies, for global order, and for refugees and other forced migrants themselves. Gil Loescher discusses the identity of refugees, asylum seekers, and internally displaced persons and how they differ from other forced migrants. He also investigates the long history of the refugee phenomenon and how refugees became a central concern of the international community during the twentieth and twenty first centuries, as well as considering the responses provided by governments and international aid organisations to refugee needs. Loescher concludes by focussing on the necessity of these bodies to understand the realities of the contemporary refugee situation in order to best respond to its current and future challenges. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
