The (mis)use of international humanitarian law under article 15(c) of the EU qualification directive
Refuge from inhumanity ? : war refugees and international humanitarian law
Leiden ; Boston : Brill Nijhoff, 2014
It is important to bear in mind that beneficiaries of subsidiary protection in EU law are not Refugee Convention refugees, such that the source of protection obligations accepted on their behalf by EU Member States must be sought elsewhere. This, creates a normative challenge for refugee lawyers. In particular, the author examines the role of IHL for the purpose of interpreting Article 15(c). She suggests that one fundamental reason militates against a purely IHL interpretation of Article 15(c), namely: the distinct functions of IHL and subsidiary protection or, more broadly, IRL. This becomes apparent when analysing three key concepts in Article 15(c) — 'indiscriminate violence', 'civilian' and 'international or internal armed conflicts'. Since the IHL contents of these terms cannot, in her view, meet the protective purpose of subsidiary protection, she concludes that recourse to IHL carries the risk of restricting the scope of the latter to the detriment of those in need of international protection.
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