Persecution and the nexus to a refugee convention ground in non-international armed conflict : insights from customary international humanitarian law
Refuge from inhumanity ? : war refugees and international humanitarian law
Leiden ; Boston : Brill Nijhoff, 2014
This chapter analyses the central international refugee law (IRL) concept of ‘persecution’ and the nexus between the well-founded fear of persecution and a Refugee Convention ground. Holzer’s contribution usefully examines in which situations the Refuge Convention refugee definition should be interpreted in the light of international humanitarian law (IHL). Her argument is that IHL provides instructive but limited guidance on the interpretation of these aspects of the refugee definition where protection claims relate to situations of non-international armed conflict, by identifying unlawful ways of conducting hostilities and by indicating the presence of causes unrelated to military necessity. Her central argument, however, is that the overall guiding principle for interpreting treaty provisions resides in their humanitarian object and purpose, which serves to ensure that recourse to I HL enhances, rather than restricts, refugee protection.
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