Refuge From Inhumanity War Refugees And International Humanitarian Law

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Refuge from Inhumanity? War Refugees and International Humanitarian Law

Author : David Cantor,Jean-François Durieux
Publisher : Martinus Nijhoff Publishers
Page : 512 pages
File Size : 53,6 Mb
Release : 2014-07-13
Category : Law
ISBN : 9789004261594

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Refuge from Inhumanity? War Refugees and International Humanitarian Law by David Cantor,Jean-François Durieux Pdf

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.

The Refugee in International Law

Author : Guy S. Goodwin-Gill,Jane McAdam
Publisher : Oxford University Press
Page : 847 pages
File Size : 43,5 Mb
Release : 2007-03-22
Category : Law
ISBN : 9780192520357

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The Refugee in International Law by Guy S. Goodwin-Gill,Jane McAdam Pdf

Millions of people today are forced to flee their homes as a result of conflict, systemic discrimination, persecution, and other violations of their human rights. The core instruments on which they must rely to secure international protection are the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, now complemented by international and regional human rights treaties. This book, the leading text in a field where refugee law is now a subject of global importance, examines key challenges to system of international protection, including those arising from within the asylum process, increased controls over the movements of people, and the 'new' concern with security. The situation of refugees is one of the most pressing and urgent problems facing the international community and refugee law has grown in recent years to a subject of global importance. In this long-awaited third edition, each chapter has been thoroughly revised and updated, every issue, old and new, has received fresh analysis, and 'complementary' or human rights-based protection is given special attention. Features include: analysis and assessment of developments in interpreting the refugee definition, with particular reference to 'social group', 'exclusion', procedures, and the impact of European Union harmonization initiatives. In addition, this book reviews the situation of refugee women and children; the plight of Palestinian refugees; the protection of internally displaced persons; the role and responsibilities of the UNHCR, including in the administration of camps and settlements; the current status in general international law of the fundamental principles of non-refoulement, asylum, and the right to seek asylum; and the extent of protection possibilities in human rights treaties, particularly the European Convention on Human Rights.

International Refugee Law

Author : Hne Lambert
Publisher : Routledge
Page : 554 pages
File Size : 41,7 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351562218

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International Refugee Law by Hne Lambert Pdf

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.

Status and Treatment of Deserters in International Armed Conflicts

Author : Heike Niebergall-Lackner
Publisher : BRILL
Page : 288 pages
File Size : 44,7 Mb
Release : 2016-02-11
Category : Law
ISBN : 9789004308848

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Status and Treatment of Deserters in International Armed Conflicts by Heike Niebergall-Lackner Pdf

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.

Refugee Protection

Author : Kate Jastram,Marilyn Achiron
Publisher : Unknown
Page : 154 pages
File Size : 42,8 Mb
Release : 2001
Category : Asylum, Right of
ISBN : STANFORD:36105062989574

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Refugee Protection by Kate Jastram,Marilyn Achiron Pdf

2. The role of UNHCR

An Introduction to International Refugee Law

Author : M. Rafiqul Islam,Md. Jahid Hossain Bhuiyan
Publisher : Martinus Nijhoff Publishers
Page : 447 pages
File Size : 50,8 Mb
Release : 2013-05-15
Category : Law
ISBN : 9789004226166

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An Introduction to International Refugee Law by M. Rafiqul Islam,Md. Jahid Hossain Bhuiyan Pdf

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.

The Rights of Refugees under International Law

Author : James C. Hathaway
Publisher : Cambridge University Press
Page : 1240 pages
File Size : 43,8 Mb
Release : 2005-09-15
Category : Political Science
ISBN : 1139445766

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The Rights of Refugees under International Law by James C. Hathaway Pdf

This book presents the first comprehensive analysis of the human rights of refugees as set by the UN Refugee Convention. In an era where States are increasingly challenging the logic of simply assimilating refugees to their own citizens, questions are now being raised about whether refugees should be allowed to enjoy freedom of movement, to work, to access public welfare programs, or to be reunited with family members. Doubts have been expressed about the propriety of exempting refugees from visa and other immigration rules, and whether there is a duty to admit refugees at all. Hathaway links the standards of the UN Refugee Convention to key norms of international human rights law, and applies his analysis to the world's most difficult protection challenges. This is a critical resource for advocates, judges, and policymakers. It will also be a pioneering scholarly work for graduate students of international and human rights law.

Mass Refugee Influx and the Limits of Public International Law

Author : Ann Vibeke Eggli
Publisher : BRILL
Page : 343 pages
File Size : 49,8 Mb
Release : 2021-11-15
Category : Law
ISBN : 9789004503069

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Mass Refugee Influx and the Limits of Public International Law by Ann Vibeke Eggli Pdf

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.

Child Refugee Asylum as a Basic Human Right

Author : Sonja C. Grover
Publisher : Springer
Page : 251 pages
File Size : 51,5 Mb
Release : 2018-05-24
Category : Law
ISBN : 9783319780139

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Child Refugee Asylum as a Basic Human Right by Sonja C. Grover Pdf

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.

The Practical Guide to Humanitarian Law

Author : Françoise Bouchet-Saulnier
Publisher : Rowman & Littlefield Publishers
Page : 827 pages
File Size : 48,9 Mb
Release : 2013-12-12
Category : Political Science
ISBN : 9781442221130

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The Practical Guide to Humanitarian Law by Françoise Bouchet-Saulnier Pdf

Now in a comprehensively updated edition, this indispensable handbook analyzes how international humanitarian law has evolved in the face of these many new challenges. Central concerns include the war on terror, new forms of armed conflict and humanitarian action, the emergence of international criminal justice, and the reshaping of fundamental rules and consensus in a multipolar world. ThePractical Guide to Humanitarian Law provides the precise meaning and content for over 200 terms such as terrorism, refugee, genocide, armed conflict, protection, peacekeeping, torture, and private military companies—words that the media has introduced into everyday conversation, yet whose legal and political meanings are often obscure. The Guide definitively explains the terms, concepts, and rules of humanitarian law in accessible and reader-friendly alphabetical entries. Written from the perspective of victims and those who provide assistance to them, the Guide outlines the dangers, spells out the law, and points the way toward dealing with violations of the law. Entries are complemented by analysis of the decisions of relevant courts; detailed bibliographic references; addresses, phone numbers, and Internet links to the organizations presented; a thematic index; and an up-to-date list of the status of ratification of more than thirty international conventions and treaties concerning humanitarian law, human rights, refugee law, and international criminal law. This unprecedented work is an invaluable reference for policy makers and opinion leaders, students, relief workers, and members of humanitarian organizations. Published in cooperation with Doctors Without Borders/Médecins Sans Frontières.

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

Author : Vera Gowlland-Debbas
Publisher : BRILL
Page : 205 pages
File Size : 54,7 Mb
Release : 2024-01-22
Category : Law
ISBN : 9789004636811

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The Problem of Refugees in the Light of Contemporary International Law Issues by Vera Gowlland-Debbas Pdf

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.

Refugee Protection in International Law

Author : Erika Feller,Volker Türk,Frances Nicholson
Publisher : Cambridge University Press
Page : 786 pages
File Size : 43,8 Mb
Release : 2003-06-26
Category : Law
ISBN : 0521825741

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Refugee Protection in International Law by Erika Feller,Volker Türk,Frances Nicholson Pdf

Alongside a panel of experts, the UNHCR examines the interpretation of the 1951 Refugee Convention.

Armed Conflict and Displacement

Author : Mélanie Jacques
Publisher : Cambridge University Press
Page : 128 pages
File Size : 53,9 Mb
Release : 2012-09-20
Category : Law
ISBN : 9781139560481

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Armed Conflict and Displacement by Mélanie Jacques Pdf

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.

Human Rights and Forced Displacement

Author : Anne Fruma Bayefsky,Joan Fitzpatrick
Publisher : Martinus Nijhoff Publishers
Page : 342 pages
File Size : 45,8 Mb
Release : 2000-12-21
Category : Political Science
ISBN : 9041115188

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Human Rights and Forced Displacement by Anne Fruma Bayefsky,Joan Fitzpatrick Pdf

By Dr. Francis Deng.