What protection for persons fleeing indiscriminate violence ? : the impact of the European courts on the EU subsidiary protection regime
Evangelina (Lilian) Tsourdi
Refuge from inhumanity ? : war refugees and international humanitarian law
Leiden ; Boston : Brill Nijhoff, 2014
This chapter introduces — alongside IHL — the jurisprudence of the European Court of Human Rights (ECtHR) into an assessment of the 'value-added' of Article 15(c). Tsourdi compares and contrasts decisions of the ECtHR and of the Court of Justice of the EU (CJEU) in cases involving protection-seekers fleeing indiscriminate violence and critically analyses the findings of the CJEU in the Elgafaji judgment. She asserts that, based on the latest case law of the ECtHR, protection against refoulement under Article 3 of the ECHR is not substantially different in scope from that available under Article 15(c) of the EU Qualification Directive. For the latter to retain relevance, she suggests, a limited importing of IHL provisions into the interpretative process may prove necessary — and she shows how, in this area too, ECtHR jurisprudence may offer valuable guidance.