Questioning the Value of the Definition of Refugee in the 1951 Convention, This Definition’s Universal Applicability and Relevance to Armed Conflict Situations: A TWAIL Perspective

Abstract

Today, the significant groups of refugees have been created by armed conflict in Asia, Africa, and the Middle East. Many of them flee the severe deterioration in living conditions that result from generalised violence. However, the definition of refugee, as codified in Article 1A(2) of the 1951 Convention tends to be narrow in the situations of generalised violence.

This dissertation makes the argument that, while the 1967 Protocol has universalised the 1951 Convention by lifting its restriction to European refugees, it has not done so substantively.

Although the key concepts of the 1951 Convention definition, such as persecution, might present several theoretical, legal, and practical obstacles that largely undermine its applicability to Third World armed conflicts contexts, they have remained intact.