Refuge from inhumanity ? : war refugees and international humanitarian law
Leiden ; Boston : Brill Nijhoff, 2014
Hugo Storey returns to the famous 'war-flaw' identified in his earlier writing. This refers to the failure of international protection to analyse claims by persons fleeing armed conflict by reference to the correct international law framework, i.e. IHL. In his view, an interpretative advocacy that affirms the autonomy of IRL is a slippery slope that may lead to the emergence of a distinct and parallel body of jurisprudence on war refugees that is disconnected from the international law devoted to armed conflict: IHL and international criminal law. Aware of the academic commentary which his proposal has attracted, Storey’s chapter refines his 'war-flaw' argument and addresses some of these subsequent comments and developments, which he takes under four sub-headings: (i) the international law context of refugee law; (ii) the difficulties that IRL has with armed conflict cases; (iii) attempts to solve these using HRL; and (iv) attempts to solve these using IHL.