Refuge from Inhumanity? War Refugees and International Humanitarian Law.

Intro -- Refuge from Inhumanity? War Refugees and International Humanitarian Law -- Copyright -- Contents -- Acknowledgements -- Abbreviations -- Notes on Contributors -- Part 1: Introduction -- 1 Refuge from Inhumanity? Canvassing the Issues -- Part 2: Interpretive Guidance from ihl: Cross-Cutting Issues -- 2 The 'War Flaw' and Why It Matters -- 3 Causation in International Protection from Armed Conflict -- 4 Expanding Refugee Protection through International Humanitarian Law: Driving on a Highway or Walking near the Edge of the Abyss? -- Part 3: Interpretive Guidance from ihl: Inclusion and Exclusion under the Refugee Convention -- 5 Persecution and the Nexus to a Refugee Convention Ground in Non-International Armed Conflict: Insights from Customary International Humanitarian Law -- 6 Inclusion of Refugees from Armed Conflict: Combatants and Ex-combatants -- 7 Exclusion is Not Just about Saying 'No': Taking Exclusion Seriously in Complex Conflicts -- Part 4: Interpretive Guidance from ihl: Regional Definitions and Systems -- 8 The African War Refugee: Using ihl to Interpret the 1969 African Refugee Convention's Expanded Refugee Definition -- 9 A Simple Solution to War Refugees? The Latin American Expanded Definition and its relationship to IHL -- 10 Revisiting the Civilian and Humanitarian Character of Refugee Camps -- 11 The (Mis)Use of International Humanitarian Law under Article 15(C) of the eu Qualification Directive -- 12 What Protection for Persons Fleeing Indiscriminate Violence? The Impact of the European Courts on the eu Subsidiary Protection Regime -- 13 Of Autonomy, Autarky, Purposiveness and Fragmentation: The Relationship between eu Asylum Law and International Humanitarian Law -- Part 5: IHL Protections for Non-Return to Armed Conflict.

14 Laws of Unintended Consequence? Nationality, Allegiance and the Removal of Refugees during Wartime -- 15 The Scope of the Obligation Not to Return Fighters under the Law of Armed Conflict -- 16 Non-Refoulement between 'Common Article 1' and 'Common Article 3' -- Part 6: Wider Approaches to Protection of War Victims -- 17 Protection against the Forced Return of War Refugees: An Interdisciplinary Consensus on Humanitarian Non-refoulement -- 18 Non-refoulement, Temporary Refuge, and the 'New' Asylum Seekers -- Bibliography -- Index.

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.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.