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Author: Vanessa Holzer Publisher: ISBN: 9781780683188 Category : Languages : en Pages : 300
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
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: David Cantor Publisher: Martinus Nijhoff Publishers ISBN: 9004261591 Category : Law Languages : en Pages : 512
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 (IRL) 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: International Law ISBN: 9781839702341 Category : Law Languages : en Pages : 0
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: Stephanie Sammartino McPherson Publisher: Twenty-First Century Books ™ ISBN: 1541552636 Category : Young Adult Nonfiction Languages : en Pages : 128
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: Mélanie Jacques Publisher: Cambridge University Press ISBN: 1139560484 Category : Law Languages : en Pages :
Book Description
With 'displacement' as the guiding thread, the purpose of this study is twofold. Firstly, it derives from the relevant provisions of international humanitarian law a legal framework for the protection of displaced persons in armed conflict, both from and during displacement. It contains a case study on Israeli settlements in the Occupied Palestinian Territory and the recent Advisory Opinion on the Separation Wall, and addresses such issues as humanitarian assistance for displaced persons, the treatment of refugees in the hands of a party to a conflict and the militarisation of refugee camps. Secondly, it examines the issue of displacement within the broader context of civilian war victims and identifies and addresses the normative gaps of international humanitarian law, including the inadequacy of concepts such as 'protected persons' and the persistence of the dichotomy between international and non-international armed conflicts, which is at odds with the realities of contemporary armed conflicts.
Author: Volker Türk Publisher: Cambridge University Press ISBN: 1316773108 Category : Political Science Languages : en Pages : 515
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
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: Leora Auslander Publisher: Cornell University Press ISBN: 1501720090 Category : History Languages : en Pages : 422
Book Description
The book, Objects of War, illuminates the ways in which people have used things to grapple with the social, cultural, and psychological upheavals wrought by war and forced displacement.― Utah Public Radio Historians have become increasingly interested in material culture as both a category of analysis and as a teaching tool. And yet the profession tends to be suspicious of things; words are its stock-in-trade. What new insights can historians gain about the past by thinking about things? A central object (and consequence) of modern warfare is the radical destruction and transformation of the material world. And yet we know little about the role of material culture in the history of war and forced displacement: objects carried in flight; objects stolen on battlefields; objects expropriated, reappropriated, and remembered. Objects of War illuminates the ways in which people have used things to grapple with the social, cultural, and psychological upheavals wrought by war and forced displacement. Chapters consider theft and pillaging as strategies of conquest; soldiers' relationships with their weapons; and the use of clothing and domestic goods by prisoners of war, extermination camp inmates, freed people, and refugees to make claims and to create a kind of normalcy. While studies of migration and material culture have proliferated in recent years, as have histories of the Napoleonic, colonial, World Wars, and postcolonial wars, few have focused on the movement of people and things in times of war across two centuries. This focus, in combination with a broad temporal canvas, serves historians and others well as they seek to push beyond the written word. Contributors: Noah Benninga, Sandra H. Dudley, Bonnie Effros, Cathleen M. Giustino, Alice Goff, Gerdien Jonker, Aubrey Pomerance, Iris Rachamimov, Brandon M. Schechter, Jeffrey Wallen, and Sarah Jones Weicksel
Author: Vanessa Holzer
Author: Vanessa Holzer
Author: Vanessa Holzer
Author: Mélanie Jacques
Author: David Cantor
Author: Vanessa Holzer
Author: Stephanie Sammartino McPherson
Author: Mélanie Jacques
Author: Volker Türk
Author: Charlotte Lülf
Author: Leora Auslander