Causation in international protection from armed conflict



Publication Details

H. Lambert, 'Causation in international protection from armed conflict' in D. James. Cantor & J. Derieux(eds), Refuge from Inhumanity? War Refugees and International Humanitarian Law (2014) 57-78.


This chapter builds on the seminal work of James Hathaway and Michelle Foster on causation in the context of refugee protection under the 1951 Convention relating to the Status of Refugees (Refugee Convention). Whereas the focus of Hathaway and Foster's work has been on refugee protection under the Refugee Convention, particularly the nexus between 'being persecuted' and the five grounds listed in Article 1(A)2 of the Refugee Convention. The chapter expands the scope of enquiry to other forms of international protection of pertinence to victims of armed conflict, with an empirical focus on the practice of the UK courts. Causation has long been an issue of considerable interest for the UK courts and tribunals, particularly in tort law. A search on Westlaw UK, Keyword 'causation', found 4000 hits, all under Cases, none under Legislation, Journals, current awareness or EU.

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