Full Description
This volume elucidates and explores the interrelationships and direct causal connection between serious international crimes, serious breaches to fundamental human rights, and gross affronts to human dignity that lead to mass forced migration.
Forced migration most often occurs in the context of protracted armed conflict of a noninternational nature where terrorism, fierce fighting, deep animosity, tit-for-tat retaliation, and "rapid dominance" doctrine all lead to the commission of atrocity crimes. Accordingly, this volume makes a valuable contribution to the literature and to the cause of trying to resolve mass forced displacement at its root cause, to explore the course that it takes, and how it might be prevented. The collection comprises original research by leading legal scholars and jurists focusing on the three central themes of serious international crimes, human rights, and forced migration. The work also includes a Foreword from Sir Howard Morrison, QC, former President of the Appeals Division of the International Criminal Court.
The book will be a valuable resource for students, academics, researchers, and policymakers working in the areas of international law, migration, human rights, and international criminal law.
Contents
Foreword - Sir Howard Morrison, QC
Introduction
1. Irreparable harm: serious international crimes, breaches in fundamental human rights and human dignity, and forced migration
Part 1: Examining the Fundamental Interrelationships with Serious International Crimes, Human Rights and Forced Migration
2. International crimes, international outlaws and the interface between ICL and IRL
3. Legal implications of the "presumption of innocence" and the exclusion clauses in international protection cases: the European law perspective
4. The "generalized risk" exception in Canadian refugee determination
5. Violations of fundamental human rights, serious international crimes, and the prosecution of those who have been excluded from refugee protection
Part 2: Comparative and National Studies of Serious International Crimes, Human Rights, and Forced Migration
6. Inadmissibility on security-related grounds under Section 34(1)(f ) of the Immigration and Refugee Protection Act: a reconsideration
7. Falling between the cracks of cornerstones: challenging the detention of asylum seekers on identity grounds
8. International crimes, refugee 'prisoner' swaps and duplicity in Australia's refugee admissions
9. The application of Article 1F UNCSR in international protection decision making in Ireland in the context of EU and international law
10. The European refugee crisis and its human rights impact on forced migrants in Greece
Part 3: Assessing and Challenging the International Legal Order and Moving Forward
11. Ethnic cleansing and exclusion
12. Staged interpretation of Article 1F(b) - 'serious non-political crime outside the country of refuge prior to [his or her] admission to that country as a refugee' - a periaktos, scene setting problem?
13. Forced displacement as a crime against humanity: can the Rohingya criminal case at the ICC bring any justice to the Syrian refugees?
14. When border control operations become crimes against humanity
Conclusions
15. Explicating the interrelationships between and among serious international crimes, human rights and human dignity, and forced migration
