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Based on a systematic and empirical comparative study of six European Union countries, Christel Querton explores judicial decision-making in the context of persons fleeing armed conflicts in the EU. Addressing and redressing misconceptions about the relevance of the Refugee Convention, this book demonstrates how appellate authorities across the EU approach situations of armed conflict predominantly through outdated understandings of warfare and territoriality. Thus, they apply a higher standard of proof than is warranted by international refugee law. Adopting a gender perspective, Querton also shows how appellate authorities fail to acknowledge the gender-differentiated impact of armed conflicts. Drawing from gender and security studies, this book proposes an original conceptual framework which, supported by existing international legal standards, reframes the definition of 'refugee' and better reflects the reality of violence in modern-day conflicts. In doing so, it re-asserts the Refugee Convention as the cornerstone of international protection.
Chapter 1 serves as an introduction to the book. It sets the scene by providing fundamental background information on the issues explored in the book. It then situates the present study within the existing literature. In so doing, it identifies the novel research questions, methodology, and contribution to debates in international law and beyond. It introduces key concepts that will be further discussed in the book, notably the idea of ‘new wars’ and its relationship to the environment. Further, it outlines two theories that provide the foundations and inform the critique developed in the book. The first is Rob Nixon’s concept of slow violence and the second is the notion of structural violence, taken from Johan Galtung and adapted to the present issues. Lastly, it offers an overview of arguments made in subsequent chapters.
There are several large-scale violent conflicts in Africa, which affect some but by no means all African countries. The vast majority of these conflicts are intra-state conflicts; inter-state conflicts rarely occur. This chapter explains why this is the case after having explored the only two large-scale inter-state wars in Africa since decolonization: the war between Uganda and Tanzania as well as the one between Ethiopia and Eritrea. Turning to intra-state conflicts, several reasons for the outbreak of wars – often described as “new wars” – are explained as are the reasons that motivate some to become rebels. The greed vs. grievance argument plays an important role here. Thereafter, the two post-colonial genocides – in Rwanda and Darfur – are scrutinized alongside a discussion of why genocide occur. Being of unprecedented magnitude, “Africa’s Great War”, a war complex in the Great Lakes Region (1996-2006), is also analyzed as is the situation of and in refugee camps that are often a place of insecurity themselves.
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