Max Planck Yearbook of United Nations Law 2003 (7)
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Section ii explores the extent to which the Convention deals with persons fleeing armed conflict,16 admission and mass-influx situations and it examines the reason why there are protection gaps concerning these issues. Building on this analysis, Section iii.
Weissbrodt, The Human Rights of Non-citizens oup , Wolfrum ed. Hathaway and M. Foster, The Law of Refugee Status cup When one reviews the cases con- cerning persons fleeing armed conflict in various domestic jurisprudences, it is evident that the courts have generally followed two main approaches: the 29 See for a comprehensive analysis of different tests adopted by national courts while as- sessing a well-founded fear of persecution, Hathaway and Foster, The Law of Refugee Sta- tus — Clapham and P.
Gauci, M. Goodwin-Gill and J. Hertwig and S. If racially motivated attacks in civil war circum- stances constitute a ground for Convention refugee status, then all individuals on either side of the conflict will qualify. Storey and R. Canada Minister of Employment and Immigration 3 F. D para. Cantor and J. Durieux eds , Refuge from Inhumanity? He must be able to show […] a differential impact.
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In other words, he must be able to show fear of persecution for Convention reasons over and above the ordinary risks of clan warfare. Secretary of State for the Home Department 2 A. Machts, According to Art. Yet not all persons fleeing armed conflict fear persecution on these Convention grounds since some flee because of generalized or indiscriminate violence or because they are trapped between fighting armed groups. On the national level, many States have introduced humanitarian protection statuses, complementary protection policies and leave to remain statuses to protect persons fleeing armed conflict who cannot be returned to the country of origin.
However, these initiatives which exist on different levels are fragmented; hence, there is no structured international legal framework addressing the protection gap concerning persons fleeing armed conflict in a comprehensive manner. Durieux and J. See Art.
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Sijthoff- Leiden ; W. Caroni, and L. Some commentators including the us Supreme Court in Sale v. Haitian Ctr.
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Council72 opine that Art. See ibid. Haitian Centers Council us Haitian Centers Council — Haitian Centers Council paras. Haitian Centers Council , ; J.
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Hathaway and T. Lauterpacht and D. Feller, V. It is submitted here that the protec- tion gap concerning admission arises in part because some States interpret Art. Besides Art. Protecting large number of displaced persons creates a heavy financial burden especially It must be noted however, the ECtHR in Hirsi Jamaa and Others v.
Italy established that interception at high seas of potential asylum seekers and their return to States where they would be in a risk of torture or cruel, inhuman or degrading treatment or punishment with would violate Art. Furuya, Shuichi. Edited by Teruo Komori and Karel Wellens, — Farnham, UK: Ashgate, Kleffner, Jann K.
Oxford: Oxford University Press, National suppression of core crimes at the domestic level and its implications constitute the starting point for this monograph. The work provides an original conceptualization of the principle of complementarity as a catalyst for State Party compliance.
The author further suggests that complementarity takes on a life of its own beyond the formal legal framework of the implementation rules. Miskowiak, Kristina. This book provides a short overview on complementarity and constitutes an early work on the subject. The distinction between complementarity and subsidiarity is particularly noteworthy pp. Stahn, Carsten, and Mohamed M. El Zeidy, eds. Stigen, Jo. Leiden, The Netherlands: Martinus Nijhoff, A laudable effort to analyze the complementarity principle in a broad and inclusive manner.
Particularly noteworthy is the last chapter of this book in which Stigen attempts to answer the question of whether primacy of the ICC over national courts would have been more desirable. Users without a subscription are not able to see the full content on this page. Please subscribe or login. Oxford Bibliographies Online is available by subscription and perpetual access to institutions.
Gowlland-Debbas ed. Joyner ed. Australia , Preliminary Objections, Judgment of 30 Jun. United States of America , Judgment of 27 Jun. Denmark; Federal Republic of Germany v. The Netherlands , Judgment of 20 Feb. IT, A. ITT 14 Jan. IT 2. File No. You can suggest to your library or institution to subscribe to the program OpenEdition Freemium for books.
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