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The Changing Character of Armed Conflict and the Implications for Refugee Protection Jurisprudence

Journal Article


Abstract


  • This article focuses on a key aspect of the EC Qualification Directive, namely, the grounds of

    eligibility for subsidiary protection. These grounds rest on a test for the risk of ‘serious harm’

    were the applicant to be returned to his or her country of origin. If a genuine risk of harm is

    found, then the applicant would qualify for protection. Article 15 of the Directive defines

    ‘serious harm’ in terms of (a) the death penalty, (b) torture or degrading treatment, and

    (c) ‘serious and individual threat’ to a person arising from a situation of armed conflict. This

    article examines how English and French judicial authorities have applied the third paragraph

    (that is, Article 15(c) of the Qualification Directive) in recent asylum cases. In such

    cases, English and French judicial authorities have had to assess (1) the severity of the armed

    conflict and (2) the individual risk to asylum seekers. Such assessments must be informed by

    an understanding of the changing character of armed conflict, which has increased the threat

    to civilians, and by the human security paradigm, which offers a new way of conceptualising

    the threats to individuals in and from conflict.

UOW Authors


Publication Date


  • 2010

Citation


  • Lambert, H. & Farrell, T. (2010). The Changing Character of Armed Conflict and the Implications for Refugee Protection Jurisprudence. International Journal of Refugee Law, 22 (2), 237-273.

Number Of Pages


  • 36

Start Page


  • 237

End Page


  • 273

Volume


  • 22

Issue


  • 2

Place Of Publication


  • United Kingdom

Abstract


  • This article focuses on a key aspect of the EC Qualification Directive, namely, the grounds of

    eligibility for subsidiary protection. These grounds rest on a test for the risk of ‘serious harm’

    were the applicant to be returned to his or her country of origin. If a genuine risk of harm is

    found, then the applicant would qualify for protection. Article 15 of the Directive defines

    ‘serious harm’ in terms of (a) the death penalty, (b) torture or degrading treatment, and

    (c) ‘serious and individual threat’ to a person arising from a situation of armed conflict. This

    article examines how English and French judicial authorities have applied the third paragraph

    (that is, Article 15(c) of the Qualification Directive) in recent asylum cases. In such

    cases, English and French judicial authorities have had to assess (1) the severity of the armed

    conflict and (2) the individual risk to asylum seekers. Such assessments must be informed by

    an understanding of the changing character of armed conflict, which has increased the threat

    to civilians, and by the human security paradigm, which offers a new way of conceptualising

    the threats to individuals in and from conflict.

UOW Authors


Publication Date


  • 2010

Citation


  • Lambert, H. & Farrell, T. (2010). The Changing Character of Armed Conflict and the Implications for Refugee Protection Jurisprudence. International Journal of Refugee Law, 22 (2), 237-273.

Number Of Pages


  • 36

Start Page


  • 237

End Page


  • 273

Volume


  • 22

Issue


  • 2

Place Of Publication


  • United Kingdom