Chapter

Inclusion of refugees from armed conflict : combatants and ex-combatants

Eric Fripp

Refuge from inhumanity ? : war refugees and international humanitarian law

Leiden ; Boston : Brill Nijhoff, 2014

p. 128-154

English

Eric Fripp argues that the use of IHL as a complement to HRL in determining the protective ambit of Article 1A(2) of the Refugee Convention is true to the general rules of treaty interpretation, and that reference to IHL is valuable in assessing refugee claims made against a background of armed conflict. The thrust of his chapter is devoted to examining the interesting question of how IHL might be relevant to determining claims for refugee status under the Refugee Convention by those who cannot be considered as civilians. His analysis is directed towards the situation of persons who remain combatants, as well as those who are no longer combatants (ex-combatants), and encompasses consideration of claims by those who were children when they fought (child soldiers).

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• Refuge from inhumanity ? : war refugees and international humanitarian law / ed. by David James Cantor and Jean-François Durieux