International Law

The War in Ukraine: International Criminal Justice and Regulatory Constraints

The incursion of Russia into Ukraine’s territories has led to the commission of international infractions, potentially prosecutable under the prevailing international legal framework, bar the crime of aggression. Due to the International Criminal Court’s (ICC) lack of jurisdiction over the crime of aggression in Ukraine, and the International Court of Justice’s (ICJ) ruling preventing third …

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The Rising Role of International Law in Climate Change: A Decade in Review

Climate change has emerged as a global crisis that transcends borders, making it a focal point in international law over the past decade. Unprecedented weather events, increased global temperatures, and rising sea levels have amplified the urgent call to address this existential threat. Central to this discussion is the legal framework that governs climate action …

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The Negative Effects of Relying on Inconsistencies to Determine Credibility in Asylum Claims Involving an Initial Omission of Sexual Assault

An asylum seeker generally has several opportunities, through initial interviews and applications, to affidavits and testimony in court, to tell his or her story.  These opportunities create multiple records of the asylum seeker’s story. Decision makers in the United States examine these records for inconsistencies, by looking at facts omitted or added at any point …

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The Concept of ‘Protection’ by Non-State Actors in the Country of Origin and the Revocation of the Refugee Status

In international refugee law and under EU asylum law, an individual must demonstrate both that they face a risk of serious harm and that they lack state protection from that harm to qualify for refugee status. On 20 January 2021, the CJEU delivered a judgement on the question of ‘protection’ in the country of origin …

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Regional Disembarkation Platforms” and “Controlled Centres”: Lifting The Drawbridge, Reaching out Across The Mediterranean, or Going Nowhere?

Francesco Maiani Editorial Advisory Panel Associate Professor, Centre of Comparative, European and International Law, University of Lausanne  Introduction: The Cyclical Crises of The Common European Asylum System In 2015-2016, the Schengen common travel area and the Common European Asylum System (CEAS) risked a complete meltdown. The story has been told elsewhere on RefLaw: one million refugees landed in Greece and …

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Palestinian Refugees and the Protection Gap

In April, the UN issued a press statement regarding the desperate condition of Yarmouk, a Palestinian refugee camp in Damascus, Syria. Due to fighting between the Islamic State, Aknaf Beit Al-Maqdis (a Palestinian faction), and the Al-Nusra Front (an Al-Qaeda affiliate), UN agencies have been unable to bring much-needed humanitarian aid to Yarmouk. The camp falls under the jurisdiction …

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Khlaifia and Others v Italy: Italy again held in violation of collective expulsions by ECtHR

In a Chamber judgment of 1 September 2015 in Khlaifia and Others v Italy, the European Court of Human Rights (ECtHR) held Italy in violation of Article 4 of Protocol 4 of the European Convention on Human Rights (ECHR) regarding the collective expulsion of aliens. Furthermore, the Court held violations of Article 5 (1) (right to liberty …

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Protecting Refugee Property and Dignity: A Brief Comment on the Legal and Ethical Basis of the Danish “Jewelry Law”

by Anna Lise Purkey Assistant Professor of Sociology and Legal Studies, St. Jerome’s University, at the University of Waterloo For a brief period of several weeks between December 2015 and February 2016, the ire of the community of people and institutions engaged in refugee assistance and protection was directed not at the more typical targets …

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UNHCR Faces an RSD Crisis

In 2013, around one in five people who sought individual refugee status determination applied not to a government, but to the UN Refugee Agency (UNHCR). While sjukskrivningar UNHCR reports wholesale nfl jerseys that individual asylum applications as a whole rose globally from 2012 to 2013 by 15 percent, the burden of that increase was disproportionately absorbed by UNHCR, with a …

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