Disconnecting Humanitarian Law from EU Subsidiary Protection
A Hypothesis of Defragmentation of International Law
Bibliographic Data
| ID | 12186540 |
|---|---|
| Authors | Salvatore Fabio Nicolosi (0000-0002-8673-1968, Ghent University, corresponding author) |
| Year | 2016 |
| Volume | 29 |
| Issue | 2 |
| Pages | 463-483 |
| Publication date | 2016-04-29 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Leiden Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0922-1565 • E-ISSN: 1478-9698 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0922156516000108 |
| OpenAlex | W2344260986 |
| Language | EN |
| References cited | 29 |
The development of the Common European Asylum System (CEAS) has often revealed the tight interrelation between refugee law, humanitarian law and international criminal law. It has been argued that the latter bodies of law have, in fact, played a major role in the development of most key concept of the European Union asylum acquis . Drawing from the judgment issued by the Court of Justice of the European Union (CJEU) in Diakité , this article aims to prove that this assumption is not always true, especially with reference to the interpretation of specific concepts of international humanitarian law (IHL) and, in particular, the controversial notion of ‘internal armed conflict’. In tackling the sensitive issue of clarifying the meaning of ‘internal armed conflict’ in order to investigate the grounds to warrant subsidiary protection under the Qualification Directive, the Court provided an autonomous interpretation that goes beyond IHL, thus offering another occasion to investigate the interrelation between international law and the EU legal order. While contributing to the ongoing debate on the relationship between international law and the EU legal order, the article will consider the impact of the Court's reasoning on the EU asylum acquis , and will consider whether disconnecting the Qualification Directive from IHL, instead of producing further fragmentation of international law, may contribute to its defragmentation, conceived of as a harmonic co-ordination of different branches of law
Business · Directive · European union · International humanitarian law · International law · International trade · Political science · Proportionality (law · Computer Science · European Criminal Justice and Data Protection · International Law and Human Rights · Law · Migration, Refugees, and Integration
Internal (Non-International) Armed Conflict
Defragmentation of Public International Law Through Interpretation
The Changing Character of Armed Conflict and the Implications for Refugee Protection Jurisprudence
The Next Frontier
The CJEU and Subsidiary Protection
The European Union Qualification Directive
EU Refugee Qualification Directive
Typology of armed conflicts in international humanitarian law
The Definition of Internal Armed Conflict in Asylum Law
Implementing Amsterdam
A Human Rights Law of Internal Armed Conflict
Re-envisaging the International Law of Internal Armed Conflict
Fragmentation of International Law? Postmodern Anxieties
The Rhetoric of Fragmentation
The Area of “Freedom, Security and Justice” and the European Court of Justice—a Personal View
The Contribution of the European Court of Justice to the Area of Freedom, Security and Justice
Groundwork for International Law
| Highly cited | No |
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