Tough on Terror, Short on Nuance: Identifying the Use of Force as a Basis for Excluding Resisters Seeking Refugee Status

Amar Khoday1

The 1951 Convention Relating to the Status of Refugees3 (as modified by the 1967 Protocol Relating to the Status of Refugees4) defines a refugee as one who, “owing to [a] well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country …”.5 However, neither this definition nor the benefits of the Convention extend, pursuant to Article 1F(b), “to any person with respect to whom there are serious reasons for considering that … [h]e has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee”.6 Implicit from this language and absent any other disqualifying criteria, a person who has committed a political crime (e.g. an act of resistance involving the use of force against a violent totalitarian regime) may still qualify as a refugee. That is, until several legislatures reacting to the 9/11 attacks intervened.

FULL PAPER  http://poseidon01.ssrn.com/delivery.php?ID=959114027008108113097101086070066023001092026034079086085025030118067080006118097096020058018036060032020102016005072114091110024048022093036092123088079113003113107067043038105094066015096086075030126066091068066125120120023112108105082113103013064&EXT=pdf&TYPE=2

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About chainsoff.

Intelligence Media Service, Monitors and Analyzes Extremists’ activities, including and not limited to: The Muslim Brotherhood, Kurdish Terrorism, Syrian Politics, Jabhet Al-Nusra, Hezbollah, Cyber Crime, and Taliban activities in Syria. Well known for her deep knowledge on Terrorism. Open Source Exploitation expert in the discovery, collection, and assessment of foreign-based publicly available information, also known as Open Source Intelligence (OSINT), HIMNT
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1 Response to Tough on Terror, Short on Nuance: Identifying the Use of Force as a Basis for Excluding Resisters Seeking Refugee Status

  1. Brittius says:

    Reblogged this on Brittius.

    Like

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