Exclusion is not just about saying 'no' : taking exclusion seriously in complex conflicts
Refuge from inhumanity ? : war refugees and international humanitarian law
Leiden ; Boston : Brill Nijhoff, 2014
This contribution asks: what behaviour during a conflict ought to lead to exclusion from refugee status? Given that Article 1 F(a) of the Refugee Convention refers to both war crimes and crimes against humanity, it represents a conscious decision on the part of the drafters to refer to complex conflicts, not necessarily complex ‘armed’ conflicts. Since the exclusion clauses must be interpreted narrowly, Gilbert examines not only the serious crimes for which exclusion might arise, but also the attribution of individual responsibility. In doing so he assesses how far IRL may require an autonomous meaning for terms used within IHL, international criminal law and the wider corpus of international law in general.