The African war refugee : using IHL to interpret the 1969 African Refugee Convention's expanded refugee definition
Refuge from inhumanity ? : war refugees and international humanitarian law
Leiden ; Boston : Brill Nijhoff, 2014
The expanded refugee definition in Article 1(2) of the African Refugee Convention is the object of investigation of this chapter. This definition has often been praised for providing better protection to persons fleeing war, conflict and generalised violence than its counterpart in the Refugee Convention. Recourse to other areas of international law, including IHL, has been described as the ‘logical starting point’ for interpreting the African definition’s novel terms. Drawing on scholarship and her own field research, Wood provides detailed analysis of how IHL may be applied to the interpretation of the definition’s four refugee-producing ‘events’ — external aggression, occupation, foreign domination and events seriously disturbing public order. While recognising that full interpretation requires these events to be considered in conjunction with the definition’s other elements, her analysis of the events themselves illustrates both the potential and limitations of IHL in this regional context.
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