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Refugee Law in Context: The Exclusion Clause

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ISBN13: 9789067041188
ISBN: 9067041181
Published: May 2001
Publisher: T.M.C. Asser Press
Country of Publication: UK
Format: Hardback
Price: £59.00



Despatched in 7 to 9 days.

Asylum is meant for those who flee injustice. There are asylum seekers, however, who have blood on their hands. They may have been involved in terrorism, they may have committed war crimes or they may be guilty of acts contrary to the purposes and principles of the United Nations. Both the 1951 Refugee Convention and the 1948 Universal Declaration of Human Rights clearly indicate that these persons shall be excluded from refugee status, excluded from asylum. The refugee lawyer, in order to fully appreciate the importance and relevance of this principle, needs to look over the fences of refugee law proper. The insight needed for the decision whether or not to apply the so-called exclusion clause is to be found elsewhere within the realms of international law: international humanitarian law, international criminal law and United Nations law. In order to make the twain meet, an international conference was organized in the summer of 1999. The papers submitted by the experts have been elaborated for this publication and pay ample attention to developments in related fields.;Moreover, a wealth of other materials has been included, such as informative treaties, conventions and (draft) resolutions on these very themes. The editor, with almost 20 yearsF experience with UNHCR, is presently lecturing in international law and human rights at Webster University, Leiden, and serves as a special advisor for international affairs with the Immigration and Naturalisation Service of the Netherlands Ministry of Justice.

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Contents:
Preface
Acknowledgements
INTRODUCTION
1.ARTICLE 1F, AN OVERVIEW
1.1 INTERNATIONAL INSTRUMENTS
1.2 UNHCR DOCUMENTS
1.3 EUROPEAN INSTRUMENTS
1.4 LITERATURE
'Loss and denial of refugee status and its benefits', chapter 3 of: The Refugee in International Law, Clarenden Press (2nd ed.
1996) pp.
95-114 Guy S. Goodwin-Gill
2. ARTICLE 1F(a), CRIMES AGAINST PEACE, WAR CRIMES AND CRIMES AGAINST HUMANITY
2.1 LITERATURE
Introduction to international humanitarian law and the qualification of armed conflicts Avril McDonald
Crimes against humanity under the Rome Statute Herman von Hebel
Individual criminal responsibility for violations of international humanitarian law William Fenrick
'Prosecuting the Leaders' ('The Application of the Doctrine of Superior Responsibility before the UN ICTs for the former Yugoslavia and Rwanda'), in: Netherlands Annual Review of Military Studies (1998) pp.
109-130
Rodney Dixon
International Committee of the Red Cross Statement on Impunity (1 April 1998)
2.2 INTERNATIONAL INSTRUMENTS
3. ARTICLE 1F(b), SERIOUS NON-POLITICAL CRIMES
The political offence exception in extradition law Nico Keijzer
Additional comments Peter J. van Krieken
'Introduction', in International Law Documents Relating to Terrorism, Oxford (2nd ed., 1997) pp. xix-xxii Omer Y. Elagab
'The problem of international terrorism and the response of international organizations', in Terrorism and Hostages in International Law, Grotius (1992) excerpts Joseph J. Lambert
3.2 INTERNATIONAL INSTRUMENTS
3.3 EUROPEAN INSTRUMENTS
4. ART 1F(c), PURPOSES AND PRINCIPLES OF THE UN
4.1 LiTERATURE
Interpreting the principles and purposes of the United Nations Nico J. Schrijver
'Article 1: Purposes', in: Simma, Bruno (ed.), The Charter of the United Nations: A Commentary, Oxford (1995) pp.
49-56 Rudiger Wolfrum
'Article 2: Principles', in: Simma, Bruno (ed.), The Charter of the United Nations: A Commentary, Oxford (1995) pp.
72-76 Albrecht Randelzhofer
'Self-determination and the Use of Force', in Akehurst's Modern Introduction to International Law (1996) pp.
326-341 Peter Malanczuk
4.2 INTERNATIONAL INSTRUMENTS
5. IMPLEMENTATION CHALLENGES
5.1 CANADA
Canada's Approach towards Exclusion Ground 1F Gerry Van Kessel
5.2 FRANCE
Purposes and Principles of the United Nations: The Way in Which France Applies Article 1F(c) Nicole Michel
5.3 THE NETHERLANDS
State Secretary of Justice, Note on Article 1F to Parliament (1997) 5.4 USA
The Serious Non-Political Crime Bar (The United States Supreme Court Decision in INS v. Aguirre-Aguirre) Kelly Ryan
Selected bibliography
Contributors.