The grounds of refugee protection in the context of international human rights and humanitarian law : Canadian and United States case law compared / by Mark R. von Sternberg.
2002
JX4263.P3 V89 2002 (Map It)
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Details
Author
Title
The grounds of refugee protection in the context of international human rights and humanitarian law : Canadian and United States case law compared / by Mark R. von Sternberg.
Published
The Hague ; New York : M. Nijhoff Publishers, [2002]
Copyright
©2002
Call Number
JX4263.P3 V89 2002
ISBN
9041117261
Description
viii, 334 pages ; 25 cm.
System Control No.
(OCoLC)48144525
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
I
Introduction: The Emerging Criteria for Refugee Status
1
I.1The Convention Refugee Definition in the Context of Human Rights and Humanitarian Norms
1
I.2Unifying Elements of the Grounds of Refugee Protection
7
I.3Proposed Test for Establishing the Existence of a Refugee Ground
10
I.4Outline of Thematic Study
14
I.5A Note on the Jurisdictions
15
II
Race, Nationality, Religion: the Model of "Internal" Characteristics and Beliefs
19
II.1Race
19
II.2Nationality
27
II.3Religion
30
III
The Applicant's Persona in a Political and Social Setting: The Refugee Definition as an Evolving International Norm
45
III.1The Refugee Definition and "External" Perceptions of the Persecutor
45
III.2Intrinsic Features of the Applicant's Persona: The Exercise of Fundamental Human Rights and Specifically Protected Groups
49
III.3Trends in the Evolution of Modern Refugee Law
52
IV
Political Opinion and Its Relationship to the Other Grounds of Refugee Protection: The Rise of Attributed Characteristics and Beliefs
59
IV.1Political Opinion: The Essential Framework
59
IV.2The Ward and Elias-Zacarias Decisions: The "Political Opinion" Ground in a Modern Context
61
IV.3Persecution Based on Opinions, Associations, or Advocacy of the Applicant: Intrinsic Beliefs versus the Perception of the Persecutor Approach
66
IV.4Civil War Cases: Imputed Political Opinion, Neutrality and Other Grounds; the Growth of Attributed Characteristics and Beliefs
82
IV.4(a) Establishing Persecutory Animus during Periods of Upheaval: The New Refugee Analysis
83
IV.4(b) International Humanitarian Law as the Basis for Resolving Refugee Claims Arising from Conditions of Armed Conflict
116
IV.5Prosecution or Persecution: Refugee Status in the Context of the Purposes and Principles of the United Nations
123
IV.5(a) The Refugee Definition in the Context of State Conscription: Avoiding Human Rights and Humanitarian Law Violations as a Basis for Refugee Status
126
IV.5(b) The Modern International Law Setting of Conscription Claims: The Jus Ad Bellum and the Jus In Bello
143
IV.5(c) The Refugee Definition and Insurgency against the State: Opposition to Coercive Governments as a Basis for Refugee Status
150
IV.5(d) The International Framework of Rebellion Cases: The "Democratic Entitlement" in International Law
157
IV.6Violation of Exit Control Laws as a Basis for Political Opinion Persecution
162
IV.7"Political Opinion" Persecution and Coercive Family Planning
166
IV.8Gender-Based Claims and the Fifth Convention Ground
175
V
Social Group Persecution and the Parameters of Refugee Protection: The Role of International Law and Policy in Determining Refugee Claims
189
V.1Membership in a Particular Social Group: The Essential Framework
189
V.2The Social Group Ground in a Modern Context: The Acosta, Ward and Shah and Islam Decisions
190
V.3Evolution of the "Social Group" Ground
195
V.4Commentary on the Protected Grounds in General with Specific Reference to the Particular Social Group Category
221
V.4(a) "Policy of Discrimination" Approach
227
V.4(b) Attributed Characteristics and Beliefs and the Expanding Concept of Social Group Protection
231
V.4(c) Intrinsic Characteristics or Beliefs and the Protections of International Human Rights Law
236
V.5Specific Situations Involving the Fourth Convention ground
240
V.5(a) Particular Social Group Persecution and Coercive Family-Planning Policies
240
V.5(b) Gender-Based Claims: The Social Dimension of Refugee Status
254
V.5(b)(1) The International Law Context
257
V.5(b)(2) Claims Based on Opposition or Perceived Opposition to Gender-Based Cultural, Social or Governmental Norms
260
V.5(b)(3) Claims Based on Serious Bodily Mutilation or Other Physical Harm
272
V.5(b)(4) Claims Based on Serious Harm Inflicted in a Family Setting
278
V.5(c) International Protection and the New Humanitarian Order
298
VI
Conclusion: Human Rights, Humanitarian Norms and the Scope of the Protected Grounds
313
VI.1Human Rights and Humanitarian Norms in the Continuing Expansion of the Convention Refugee Definition
313
VI.2Practical Examples of Human Rights Violations in Relation to the Refugee Definition
314
VI.3Enhancing International Human Rights and Humanitarian Law as a Goal of Refugee Protection
317
Acknowledgments
321
Index
323