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Exclusion

Gilbert, Geoff and Bentajou, Anna Magdalena (2021) 'Exclusion.' In: Costello, Cathryn and Foster, Michelle and McAdam, Jane, (eds.) The Oxford Handbook of International Refugee Law. Oxford University Press (OUP), 711 - 727. ISBN 9780198848639

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Abstract

This chapter examines the exclusion provisions in article 1F of the Refugee Convention, which can only be properly understood when analysed in the context of international criminal law and the international law of armed conflict. Article 1F provides that the Convention shall not apply to persons with respect to whom there are serious reasons for considering that they have committed (a) war crimes, crimes against humanity, crimes against peace, (b) serious non-political crimes, or those who (c) are guilty of acts contrary to the purposes and principles of the UN Charter. The chapter then explores how article 1F was initially understood, before considering its application in practice and the increasing intermingling of certain ideas: exclusion as pre-status and retroactive; the difficulties of conceiving of refugee status without the guarantee of non-refoulement; the overlap of the different phrases used in the Refugee Convention when dealing with crimes and the security of the country of asylum; and how crimes that are not particularly serious might yet indicate a danger to the security of the hosting State or be contrary to the purposes and principles of the United Nations, a threat to national security, or even simply a public order concern. In addition, standards of proof, sequencing, regional mechanisms, and complementary human rights protection regimes add layers of complexity to the analysis.

Item Type: Book Section
Uncontrolled Keywords: international law, refugee
Divisions: Faculty of Humanities > Law, School of
Depositing User: Elements
Date Deposited: 25 Jun 2020 08:01
Last Modified: 14 Dec 2021 12:15
URI: http://repository.essex.ac.uk/id/eprint/25638

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