Abstract
This chapter examines to what extent customary international humanitarian law (IHL) ought to provide interpretative guidance for the refugee definition as regards refugee claims arising out of situations of non-international armed conflict in the country of origin. It focuses on the interpretation of persecution and the causal link to a Refugee Convention ground. The chapter also concentrates on rules of customary IHL as opposed to international humanitarian treaty law because they are more numerous in non-international armed conflict. It begins by considering whether refugee status decision-makers should determine that a situation of violence in the country of origin constitutes an armed conflict. The chapter examines the role of customary IHL in interpreting persecution and the nexus of a well-founded fear of persecution to a Refugee Convention ground. Article 1F(a) Refugee Convention provides for the exclusion from refugee protection of suspected war criminals, with such crimes being linked to armed conflict. Keywords: customary international humanitarian law (IHL); non-international armed conflict; Refugee Convention ground; refugee status decision-makers; war criminals
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
