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Organisations, Innovation and Security in the Twenty-First Century.

Grant reference: RES-071-27-0069

Journal article details

Title The changing character of armed conflict and the implications for refugee protection jurisprudence

Description 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.

Url http://dx.doi.org/10.1093/ijrl/eeq017

DOI 10.1093/ijrl/eeq017

Language English

Primary contributor

Author Helene Lambert

Additional contributors

Co-author Theo Farrell

Additional details

Volume number 22

Issue number 2

Is this item peer reviewed (refereed)? Yes

ISSN 0953-8186

Publisher Oxford University Press

Date of publication 01 July 2010

Hardback or paperback Paperback

Page reference 237-273

Place of publication Oxford

Is this item a pre-print or post-print? Post-print

Title of journal International journal of refugee law

Cite this outcome

Citation Style:

Harvard

Lambert, Helene and Farrell, Theo (2010) The changing character of armed conflict and the implications for refugee protection jurisprudence. International journal of refugee law. 22 (2), pp. 237-273 Oxford: Oxford University Press.

Vancouver

Lambert Helene and Farrell Theo. The changing character of armed conflict and the implications for refugee protection jurisprudence. International journal of refugee law 2010; 22 (2): 237-273.