Rikhof, Joseph --- "The exclusion clauses in refugee law" [2019] ELECD 2050; in Juss, Singh Satvinder (ed), "Research Handbook on International Refugee Law" (Edward Elgar Publishing, 2019) 390

Book Title: Research Handbook on International Refugee Law

Editor(s): Juss, Singh Satvinder

Publisher: Edward Elgar Publishing

Section: Chapter 25

Section Title: The exclusion clauses in refugee law

Author(s): Rikhof, Joseph

Number of pages: 13

Abstract/Description:

This chapter considers ‘exclusion clauses’ contained in Article 1F of the Refugee Convention. The chapter demonstrates that for Article 1F(a) the interaction between exclusion law and ICL has followed a different course in the area of crimes compared to that of extended liability. The chapter goes on to examine Article 1F (b), the elements of what is a crime, what is a serious crime, what law should apply for the determination of what is a crime, the meaning of outside the country, the concept of political crime and the issue of expiation all have been, and are still, in a considerable amount of flux at the international level with only the parameters of political crimes having been resolved in a consistent and satisfactory manner. For Article 1F(c), the main issue is not as much the fact there has been disagreement among the various judicial decision-makers, but whether there is an independent meaning of 1F(c) as all forms of criminality used under this heading can also fall easily within the parameters of 1F(a) and 1F(c).