Research Handbook on International Refugee Law
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Research Handbook on International Refugee Law

Edited by Satvinder Singh Juss

In an age of ethnic nationalism and anti-immigrant rhetoric, the study of refugees can help develop a new outlook on social justice, just as the post-war international order ends. The global financial crisis, the rise of populist leaders like Trump, Putin, and Erdogan, not to mention the arrival of anti-EU parties, raises the need to interrogate the refugee, migrant, citizen, stateless, legal, and illegal as concepts. This insightful Research Handbook is a timely contribution to that debate.
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Chapter 25: The exclusion clauses in refugee law

Joseph Rikhof

Abstract

This chapter considers ‘exclusion clauses’ contained in Article 1F of the Refugee Convention. The chapter demonstrates that for Article 1F(a) the interaction between exclusion law and ICL has followed a different course in the area of crimes compared to that of extended liability. The chapter goes on to examine Article 1F (b), the elements of what is a crime, what is a serious crime, what law should apply for the determination of what is a crime, the meaning of outside the country, the concept of political crime and the issue of expiation all have been, and are still, in a considerable amount of flux at the international level with only the parameters of political crimes having been resolved in a consistent and satisfactory manner. For Article 1F(c), the main issue is not as much the fact there has been disagreement among the various judicial decision-makers, but whether there is an independent meaning of 1F(c) as all forms of criminality used under this heading can also fall easily within the parameters of 1F(a) and 1F(c).

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