International humanitarian law and the interpretation of "persecution" in article 1A(2) CSR51
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International journal of refugee law, Vol. 26, issue 3, October 2014, p. 382-403
The article examines the relationship of international humanitarian law (IHL) to the definition of ‘persecution’ at article 1A(2) CSR51. Armed conflict has been a pervasive part of the human experience, and was within the immediate historical experience of the drafters of CSR51. It is argued that the reference of CSR51 to international human rights law (IHRL) and the receptivity of IHRL to external standards where necessary, enable IHL in appropriate cases to inform the application of a test more generally based upon IHRL. On this understanding IHL indirectly informs the scope of ‘persecution’ at article 1A(2) through the medium of IHRL.