Laws of unintended consequence ? : nationality, allegiance and the removal of refugees during wartime
David James Cantor
Refuge from inhumanity ? : war refugees and international humanitarian law
Leiden ; Boston : Brill Nijhoff, 2014
IHL does offer certain forms of protection against refoulement or return to particular classes of war victims. David Cantor shows that — for civilians in the power of a party to the conflict — such protection may be located in the IHL provisions dealing with deportations, transfers and forced displacement. He begins by examining the degree to which the law of international armed conflict governing the treatment of civilians in occupied territories and that relating to the protection of aliens in the territory of a hostile belligerent provide for non-return in their provisions on transfers, deportations and repatriations. He also considers whether the provisions in the law of non-international armed conflict concerning forced displacement of civilians might offer protection against refoulement. Whilst the term 'non-return' maybe more accurate than 'non-refoulement' in describing the kinds of protection offered, he concludes that IHL does indeed offer some level of protection — albeit patchy — to civilians fearing return to armed conflict. Given the extensive ratification of IHL treaties, the practical implications of this finding for ‘refugee’ protection are not insignificant.
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