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Each year, countless people fall victim to crimes against humanity. These include widespread occurrences of systematic murder, torture, rape, disappearances, forced deportation and political persecution. Crimes against humanity constitute an attack on human dignity and as such they violate the human rights of the victim, as well as the laws of humanity. In recent years, following the creation of the International Criminal Court, there has been a growing interest in the prosecution of offenders and, in particular, in reparation following crimes against humanity. While such measures are meant to provide justice for victims, victims are often forgotten or lost in legal debates about what constitutes reparation and who is eligible to receive it. This book reaches beyond the boundaries of law and psychology and takes a multidisciplinary approach to the question of reparation for victims of crimes against humanity. Law does not take place in a vacuum and it is important to consider the impact of the law on the psychology of the victim, as well as the legal principles themselves. Herein lies the originality of this book, which bridges the gaps between psychology, victimology, criminology and law and will be of key interest to academics and students engaged in the study of these areas.
In Exclusion from Protection as a Refugee, Yao Li analyses Article 1F of the 1951 Refugee Convention. She argues that the exclusion clause is a quasi-punitive provision and must therefore be interpreted with due regard to (International) Criminal Law. Having developed an interpretation approach to consider external legal notions, Li provides a solution for all the relevant issues in the context of Article 1F, based on a “harmonizing interpretation”. The study therefore not only comprehensively examines the exclusion clause at the intersection of International Refugee Law and International Criminal Law, but also contributes to anti-fragmentation efforts in International Law.
The status of the refugee in international law, and of everyone entitled to protection, has ever been precarious, not least in times of heightened and heated debate: people have always moved in search of safety, and they always will. In this completely revised and updated edition, the authors cast new light on the refugee definition, the meaning of persecution, including with regard to gender and sexual orientation, and the protection due to refugees and those affected by statelessness or disasters. They review the fundamental principle of non-refoulement as a restraint on the conduct of States, even as States themselves seek new ways to prevent the arrival of those in search of refuge. Related principles of protection—non-discrimination, due process, rescue at sea, and solutions— are analysed in light of the actual practice of States, UNHCR, and treaty-monitoring bodies. The authors closely examine relevant international standards, and the role of UNHCR, States, and civil society, in providing protection, contributing to the development of international refugee law, and promoting solutions. New chapters focus on the evolving rules on nationality, statelessness, and displacement due to disasters and climate change. This expanded edition factors in the challenges posed by the movement of people across land and sea in search of refuge, and their interception, reception, and later treatment. The overall aim remains the same as in previous editions: to provide a sound basis for protection in international law, taking full account of State and community interests and recognizing the need to bridge gaps in the regime which now has 100 years of law and practice behind it.
Since the Frontex Border Agency's establishment in 2004, its activities have foregrounded the complexity and difficulty of protecting the human rights of those seeking access to the European Union. In this connection, protection from refoulement should be paramount in the Agency's work. By navigating through the intricacies of Frontex's structure and working methods, this book answers abiding questions: which circumstances would trigger European Union responsibility if violations were to occur in Frontex's joint operations? What is the legal standing of the principle of non-refoulement in relation to Frontex's activities? Can Frontex be entrusted with an exclusive search and rescue mandate? This book offers a theoretical and practical insight into the legislative intricacies of Frontex's work, examining the responsibility of the EU, and scrutinising the interaction of international law and EU law with a focus on the principle of non-refoulement.
The only comprehensive analysis of international refugee rights, anchored in the hard facts of refugee life around the world.
Forced Migration and Global Processes considers the crossroads of forced migration with three global trends: development, human rights, and security. This expert collection studies these complex interactions and aims to help determine what solutions may alleviate most of the human suffering involved in forced migrations.
The long-awaited second edition of this seminal text, reconceived as a critical analysis of the world's leading comparative asylum jurisprudence.
The articles and essays in this volume consider the problem of international terrorism from an international legal perspective. The articles address a range of issues starting with the dilemma of how to reach agreement on what constitutes terrorism and how to encapsulate this in a legitimate definition. The essays move on to examine the varied responses to terrorism by states and international organisations. These responses range from the suppression conventions of the Cold War, which were directed at criminalising and punishing various manifestations of terrorism, to more coercive, executive-led responses. Finally, the articles consider the role of the Security Council in developing legal regimes to combat terrorism, for example by the use of targeted sanctions, or by general legislative measures. An evaluation of the contribution of the sum of these measures to the goals of peace and security as embodied in the UN Charter is central to this collection.
Children are the victims of some of the most devastating examples of state-sanctioned and private human rights abuse. In increasing numbers, they are attempting to find international protection, and are forced to navigate complex administrative and legal processes that fail to take into account their distinct needs and vulnerabilities. The key challenges they face in establishing entitlement to refugee protection are their invisibility and the risk of incorrect assessment. Drawing on an extensive and original analysis of jurisprudence of leading common law jurisdictions, this book undertakes an assessment of the extent to which these challenges may be overcome by greater engagement between international refugee law and international law on the rights of the child. The result is the first comprehensive study on the manner in which these two mutually reinforcing legal regimes can interact to strengthen the protection of refugee children.