Book contents
- Frontmatter
- Dedication
- Acknowledgements
- Contents
- Abbreviations
- Chapter 1 Introduction
- Chapter 2 The Historical Evolution of International Refugee Law in Light of Armed Conflict
- Chapter 3 The International Legal Framework for the Protection of the Individual in Armed Conflict
- Chapter 4 The Interpretation of the Refugee Definition
- Chapter 5 The Well-Founded Fear of Being Persecuted
- Chapter 6 Lack of Protection in the Country of Origin
- Chapter 7 The Nexus to a Refugee Convention Ground in Armed Conflict
- Chapter 8 Conclusion
- Bibliography
Chapter 3 - The International Legal Framework for the Protection of the Individual in Armed Conflict
Published online by Cambridge University Press: 12 December 2017
- Frontmatter
- Dedication
- Acknowledgements
- Contents
- Abbreviations
- Chapter 1 Introduction
- Chapter 2 The Historical Evolution of International Refugee Law in Light of Armed Conflict
- Chapter 3 The International Legal Framework for the Protection of the Individual in Armed Conflict
- Chapter 4 The Interpretation of the Refugee Definition
- Chapter 5 The Well-Founded Fear of Being Persecuted
- Chapter 6 Lack of Protection in the Country of Origin
- Chapter 7 The Nexus to a Refugee Convention Ground in Armed Conflict
- Chapter 8 Conclusion
- Bibliography
Summary
INTRODUCTION
The Refugee Convention is part and parcel of the international legal framework for the protection of the individual in armed conflict, with international human rights law, IHL and international criminal law constituting the other main components of this framework. The Refugee Convention does not address protection in armed conflict as such, but rather some of the specific consequences of armed conflict. The Refugee Convention provides surrogate protection for individuals who lack the protection of their country of origin, including in situations in which there is an armed conflict in the country of origin. To recall, Article 1A(2) Refugee Convention defines a refugee as a person who:
“owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality, and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.”
In order to analyse the refugee definition in light of international human rights law, IHL and international criminal law with respect to refugee protection claims arising out of situations of armed conflict, it is first necessary to examine protection in the country of origin under international human rights law, IHL and international criminal law. This analysis will form the backdrop against which subsequent chapters will scrutinise the different elements of the refugee definition in light of international human rights law, IHL and international criminal law.
THE PROTECTION OF THE INDIVIDUAL IN ARMED CONFLICT
The refugee definition addresses both individuals who lack the protection of their country of nationality and stateless persons who lack the protection of their country of habitual residence. Therefore, this analysis considers the protection of individuals from acts by their country of nationality and the protection of stateless persons from acts by their country of habitual residence, as well as protection from non-State actors on the territory of the country of origin during armed conflict. Such protection is usually framed in terms of international human rights law and has rarely been conceived in light of IHL in armed conflict.
- Type
- Chapter
- Information
- Refugees from Armed ConflictThe 1951 Refugee Convention and International Humanitarian Law, pp. 41 - 82Publisher: IntersentiaPrint publication year: 2015