The Protection of Persons in the Situation of Armed Conflict or Indiscriminate violence under International Law

Vol.18,No.1(2010)

Abstract
This article deals with different forms of protection in the international law in the situation of armed conflict or indiscriminate violence. The subsidiary form of protection is used to describe any status, other than Convention refugee status, which is afforded to persons who may/can not be returned to their country of origin. In the context of EU, it examines Article 15 para c) of the Qualification directive. Article 15 para c) of the Qualification directive states the conditions for the subsidiary protection in the events of the armed conflict. Those conditions are: 1) the country of residence of the person is in the situation of international or internal armed conflict, 2) applicant for the international protection is a civilian, 3) this person faced a serious and individual threat to his life or person from the reason of indiscriminate violence. This article deals with the concept of international and internal armed conflict, civilian person, combatants, crimes against humanity, genocide, ethnic cleaning. At the end I argue that Qualification directive in the Article 15 para c) limits international law.

Pages:
73–80
Author biography

Renáta Klečková

Department of International and European Law, Faculty of Law, Masaryk University, Brno

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