A simple solution to war refugees ? : the Latin American expanded definition and its relationship to IHL
David James Cantor and Diana Trimiño Mora
Refuge from inhumanity ? : war refugees and international humanitarian law
Leiden ; Boston : Brill Nijhoff, 2014
p. 204-224 : tabl.
This contribution explores how the expanded refugee definition offered by the 1984 Cartagena Declaration on Refugees protects war refugees. Noting that the existing scholarship borrows considerably from IHL in its attempt to interpret the Cartagena definition, their contribution differentiates itself by adopting a more contextual analysis that relates the expanded Cartagena definition to the Declaration’s wider approach to the protection of refugees fleeing war in Latin America. As an alternative to what they call a ‘conventional’ analysis of the Cartagena definition, the authors propose an approach that gives greater emphasis to context and purpose. Through so doing, they illustrate the current role — and future potential — of IHL in determining the scope of the Cartagena definition in Latin America.