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Vol 23 No 5 May/June 2018

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Refuge from Inhumanity? War Refugees and International Humanitarian Law

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Edited by: David Cantor, Jean-Francois Durieux

ISBN13: 9789004261587
Published: September 2014
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £168.00

Despatched in 11 to 13 days.

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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Public International Law, Immigration, Asylum, Refugee and Nationality Law
Part I Introduction
Chapter 1: Refuge from Inhumanity? Canvassing the Issues Jean-François Durieux and David James Cantor

Part II Interpretive Guidance from IHL: Cross-Cutting Issues
Chapter 2: The ‘War Flaw’ and Why It Matters Hugo Storey
Chapter 3: Causation in International Protection from Armed Conflict Hélène Lambert
Chapter 4: Expanding Refugee Protection through International Humanitarian Law: Driving on a Highway or Walking near the Edge of the Abyss? Stéphane Jaquemet

Part III Interpretive Guidance from IHL: Inclusion and Exclusion under the Refugee Convention
Chapter 5: Persecution and the Nexus to a Refugee Convention Ground in Non-International Armed Conflict: Insights from Customary International Humanitarian Law Vanessa Holzer
Chapter 6: Inclusion of Refugees from Armed Conflict: Combatants and Ex-combatants Eric Fripp
Chapter 7: Exclusion is Not Just about Saying ‘No’: Taking Exclusion Seriously in Complex Conflicts Geoff Gilbert

Part IV Interpretive guidance from IHL: regional definitions and systems
Chapter 8: The African War Refugee: Using IHL to Interpret the 1969 African Refugee Convention’s Expanded Refugee Definition Tamara Wood
Chapter 9: A Simple Solution to War Refugees? The Latin American Expanded Definition and its relationship to IHL David James Cantor and Diana Trimiño Mora
Chapter 10: Revisiting the Civilian and Humanitarian Character of Refugee Camps Maja Janmyr
Chapter 11: The (Mis)Use of International Humanitarian Law under Article 15(C) of the EU Qualification Directive Céline Bauloz
Chapter 12: What Protection for Persons Fleeing Indiscriminate Violence? The Impact of the European Courts on the EU Subsidiary Protection Regime Evangelia (Lilian) Tsourdi
Chapter 13: Of Autonomy, Autarky, Purposiveness and Fragmentation: The Relationship between EU Asylum Law and International Humanitarian Law Violeta Moreno-Lax

Part V IHL Protections for Non-Return to Armed Conflict
Chapter 14: Laws of Unintended Consequence? Nationality, Allegiance and the Removal of Refugees during Wartime David James Cantor
Chapter 15: The Scope of the Obligation Not to Return Fighters under the Law of Armed Conflict Françoise J. Hampson
Chapter 16: Non-Refoulement between ‘Common Article 1’ and ‘Common Article 3’ Reuven (Ruvi) Ziegler

Part VI Wider Approaches to Protection of War Victims
Chapter 17: Protection against the Forced Return of War Refugees: An Interdisciplinary Consensus on Humanitarian Non-refoulement Jennifer Moore
Chapter 18: Non-refoulement, Temporary Refuge, and the ‘New’ Asylum Seekers Guy S. Goodwin-Gill