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Vol 21 No 11 Nov/Dec 2016

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Protecting Civilians in Refugee Camps: Unable and Unwilling States, UNHCR and International Responsibility

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ISBN13: 9789004256972
Published: December 2013
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £123.00



Despatched in 10 to 12 days.

Rather than serving as civilian and humanitarian safe havens, refugee camps are notorious for their insecurity. Due to the host state’s inability or unwillingness to provide protection, camps are often administered by the United Nations High Commissioner for Refugees (UNHCR) and its implementing partners. When a violation occurs in these situations, to which actors shall responsibility be allocated? Through an analysis of the International Law Commission’s work on international responsibility, Maja Janmyr argues that the ‘primary’ responsibility of states does not exclude the responsibilities of other actors. Using the example of Uganda, Janmyr questions the general assumption that ‘unable and unwilling’ is the same as ‘unable or unwilling’, and argues for the necessity of distinguishing between these two scenarios. Doing so leads to different conclusions in terms of responsibility for the state, and therefore for UNHCR and its implementing partners.

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Subjects:
Public International Law, Immigration, Asylum, Refugee and Nationality Law
Contents:
Excerpt of table of contents:
Foreword
Acknowledgments
Select List of Acronyms
Part I - Introduction
1. Introduction
Part II - Theoretical and Conceptual Framework
2. Theoretical and Methodological Underpinnings
3. Key Concepts and Definitions
Part III - Identifying Refugee Camp Responsibility: Host States, UNHCR and ‘Implementing Partnerships’
4. The Host State
5. United Nations High Commissioner for Refugees: Human Rights Obligations and Presence in Host States
6. United Nations High Commissioner for Refugees: International Responsibility
7. United Nations High Commissioner for Refugees: Implementing Partners
Part IV – Conclusions
8. Concluding Remarks and Suggestions for the Future
Select Bibliography
Index.