A Simple Solution to War Refugees? The Latin American Expanded Definition and its relationship to ihl

Abstract

This chapter explores how the expanded refugee definition contained in the 1984 Cartagena Declaration on Refugees protects war refugees. It thus contributes to an existing body of scholarship, which borrows considerably from international humanitarian law (IHL) to attempt to interpret the Cartagena definition. Yet existing scholarship tends to study the expanded refugee definition as if it were the only legacy of the Cartagena Declaration. In fact, it should be acknowledged that the latter's contribution to refugee protection in Latin America includes formulating an entire regional framework for refugee protection and assistance that encompasses a strong focus on durable solutions, facilitating the institutionalisation of refugee protection in Latin America, and promoting cooperation among States, international organizations and the Inter-American Human Rights System. It also helped to promote the concept of protection and assistance to internally displaced persons. Keywords: Cartagena Declaration; Inter-American Human Rights System; international humanitarian law (IHL); Latin America; refugee protection