Expanding refugee protection through international humanitarian law : driving on a highway or walking near the edge of the abyss ?
Refuge from inhumanity ? : war refugees and international humanitarian law
Leiden ; Boston : Brill Nijhoff, 2014
Stéphane Jaquemet observes that the majority of refugee law experts and decision makers emphasise the differences between IHL and IRL rather than highlighting the points of convergence. By contrast, the United Nations Security Council is an enthusiastic — at times overenthusiastic — advocate of a more creative and protective interface between IRL, IHL and HRL. To get out of what he calls a ‘sterile debate’ between the pro and anti-IHL-reading, Jaquemet proposes a different approach that goes back to the basics of both national and international protection. In a country at war, he argues, the indicators of national protection are squarely located in the interaction between I HL and HRL. Nolens volens, the existence of grave breaches of IHL and serious violations of HRL will indicate a failure of national protection and be the trigger for international protection. By using IHL (and HRL) to determine the scope of national protection, and IRL (and HRL) for that of international protection, the interface gains in depth whilst the integrity of each branch of law is preserved.