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Refugees from Armed Conflict - The 1951 Refugee Convention and International Humanitarian Law (paperback) (Paperback)
Loot Price: R2,255
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Refugees from Armed Conflict - The 1951 Refugee Convention and International Humanitarian Law (paperback) (Paperback)
Series: International Law, 15
Expected to ship within 12 - 17 working days
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Armed conflicts are a major cause of forced displacement, but
people displaced by conflict are often not recognised as refugees
under the 1951 Refugee Convention. They are frequently considered
as having fled from generalised violence rather than from
persecution.This book determines the international meaning of the
refugee definition in Article 1A(2) of the 1951 Refugee Convention
as regards refugee protection claims related to situations of armed
conflict in the country of origin. Although the human rights-based
interpretation of the refugee definition is widely accepted, the
interpretation and application of the 1951 Refugee Convention as
regards claims to refugee status that relate to armed conflict is
often marred with difficulties. Moreover, contexts of armed
conflict pose the question of whether and to what extent the
refugee definition should be interpreted in light of international
humanitarian law. This book identifies the potential and limits of
this interpretative approach. Starting from the history of
international refugee law, the book situates the 1951 Refugee
Convention within the international legal framework for the
protection of the individual in armed conflict. It examines the
refugee definition in light of human rights, international
humanitarian law and international criminal law, focusing on the
elements of the refugee definition that most benefit from this
interpretative approach: persecution and the requirement that the
refugee claimant's predicament must be causally linked to race,
religion, nationality, membership of a particular social group or
political opinion.Refugees from Armed Conflict is of interest to
academics and practitioners in international refugee and human
rights law.'Anyone who is interested in the present refugee debate,
should at some point take up Holzer's book [...].' (ZAR, 2016, 5-6,
p. 186)
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