Laws of Unintended Consequence? Nationality, Allegiance and the Removal of Refugees During Wartime

24 Pages Posted: 7 Aug 2013

See all articles by David Cantor

David Cantor

School of Advanced Study, University of London

Date Written: June 10, 2013

Abstract

Do the laws of war allow parties to an armed conflict to remove civilians from their territory? In attempting to provide an answer to this carefully delimited question, the present chapter engages with the important wider debate about regime interaction between international humanitarian law (IHL) and refugee law. Whereas each body of international law has traditionally been viewed as having a distinct field of application, the present chapter shows that during times of war they do apply simultaneously to the same subjects. Nonetheless, it is argued here that the shared underlying concepts of ‘nationality’ and ‘allegiance’ provide an important bridge between the distinct legal frameworks that allows them to operate in a largely complementary way.

Keywords: refugees, refugee law, international humanitarian law, civilians, deportations, transfers, removals, nationality, allegiance

Suggested Citation

Cantor, David, Laws of Unintended Consequence? Nationality, Allegiance and the Removal of Refugees During Wartime (June 10, 2013). Available at SSRN: https://ssrn.com/abstract=2306145 or http://dx.doi.org/10.2139/ssrn.2306145

David Cantor (Contact Author)

School of Advanced Study, University of London ( email )

London, WC1E 7HU
United Kingdom
+44/0 20 7862 8827 (Phone)

HOME PAGE: http://research.sas.ac.uk/search/staff/114/dr-david-james-cantor/

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