Alleged Terrorists and Other Perpetrators of Serious Non-Political Crimes
The Application of Article 1F(b) of the Refugee Convention in the Netherlands
Bibliographic Data
| ID | 12211608 |
|---|---|
| Authors | Maarten P Bolhuis (0000-0001-8926-3146, Max Planck Institute for the Study of Crime, Security and Law, corresponding author), Joan Van Wijk (0000-0001-9325-2925, Netherlands Institute for the Study of Crime and Law Enforcement), Joris Van Wijk |
| Year | 2016 |
| Volume | 29 |
| Issue | 1 |
| Pages | 19-38 |
| Publication date | 2016-01-07 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Journal of Refugee Studies (JOURNAL) |
| Journal identifiers | ISSN: 0951-6328 • E-ISSN: 1471-6925 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/jrs/fev034 |
| OpenAlex | W2258135982 |
| Language | EN |
| References cited | 11 |
Alleged perpetrators of serious non-political crimes are excluded from refugee protection on the basis of Article 1F(b) of the Refugee Convention. This study offers a first complete and systematic empirical analysis of the application of Article 1F(b) in a given country, in this case the Netherlands. The analysis shows that most of the cases in which 1F(b) is applied are crimes motivated not by personal reasons or gain, but rather by political, ideological, ethnic and/or religious beliefs. The study furthermore suggests that, in determining what constitutes ‘serious’ non-political crimes, factors extraneous to the commission of the crime itself, such as post-crime rehabilitation, are deemed irrelevant. Finally, the study shows that the post-exclusion phase of 1F(b) cases is full of hurdles: domestic prosecution and extradition are often not possible, while voluntary or forced return may be barred because of non-refoulement obligations. Consequently, possibly dangerous, unwanted but unreturnable individuals disappear from the radar and travel around in Europe
Commission · Convention · Criminology · Ethnic Cleansing · Ethnic group · Genocide · Ideology · Political science · Politics · Refugee · Sociology · Terrorism · European Criminal Justice and Data Protection · International Law and Human Rights · Torture, Ethics, and Law · Law
The Refugee in International Law
The Law of Refugee Status
Article 1F(b)
The Growing Culture of Exclusion
Asylum Claims and Drug Offences
Exclusion under Article 1F(b) of the Refugee Convention
Refugee Exclusion and Extradition in the Netherlands
Refugee Protection, Counter-Terrorism, and Exclusion in the European Union
| Highly cited | No |
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