Ni Ghrainne, B.A. (2015) UNHCR's Involvement with IDPs — 'Protection of that Country' for the Purposes of Precluding Refugee Status? International Journal of Refugee Law, 26 (4). 536 - 554. ISSN 1464-3715
Abstract
The absence of protection from persecution is a precondition to qualifying as a refugee. However, protection is not solely provided by states and may stem from non-state actors (NSAs) such as international organizations. This article will examine whether such protection may be substituted for ‘protection of that country’ and, if so, under what circumstances, and whether it may thus preclude the application of the Refugee Convention. The focus will be on the United Nations High Commissioner for Refugees owing to its significant role in the protection of Internally Displaced Persons, persons who often go on to make a refugee claim upon fleeing the state. The article will first put forward an interpretation of the term ‘protection of that country’, by examining the refugee definition, in particular the meaning of the terms ‘that country’ and ‘protection’; by analysing relevant principles of EU law; and by outlining how these concepts have been elaborated by relevant jurisprudence on international organizations. The second half of the article will analyse the legal basis and scope of UNHCR’s mandate with IDPs, and will conclude by illustrating the reasons why the activities of UNHCR cannot constitute ‘protection of that country’ for the purposes of precluding the application of the refugee definition.
Metadata
Authors/Creators: |
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Copyright, Publisher and Additional Information: | © The Author (2014). Published by Oxford University Press. This is an author produced version of a paper subsequently published in International Journal of Refugee Law. Uploaded in accordance with the publisher's self-archiving policy. |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 13 Jul 2015 14:51 |
Last Modified: | 01 Nov 2016 23:00 |
Published Version: | http://dx.doi.org/10.1093/ijrl/eeu042 |
Status: | Published |
Publisher: | Oxford University Press |
Refereed: | Yes |
Identification Number: | https://doi.org/10.1093/ijrl/eeu042 |