Crimes against Humanity?: A Critical Analysis of Article 1F(A) of the Refugee Convention in New Zealand

Claire McGeorge

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Chapter 7 Crimes against Humanity?

A Critical Analysis of Article 1F(A) of the Refugee Convention in New Zealand

于New Zealand Yearbook of International Law

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Claire McGeorge

Claire McGeorge
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类型:: 章节

Page Range:: 153–187

DOI:: https://doi.org/10.1163/9789004469693_008

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Abstract

In this article, the author discusses the impact of the allegations of having committed crimes against humanity in refugee applications under New Zealand law as well as international standards. It critically assessed the findings of the New Zealand tribunals and finds that in the past, there had been a tendency to inflate the scope of the ‘crimes against humanity’ exception by conflating participation in acts of war with participation in crimes against humanity. Recent New Zealand decisions have taken a more restrictive approach by applying the test of participation in crimes against humanity to the individual applicant rather than the whole group to which they belong. The author argues that this is more in line with the purpose of the ‘crimes against humanity’ exception in the Refugee Convention.

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New Zealand Yearbook of International Law

Volume 17, 2019

丛编： New Zealand Yearbook of International Law, 卷： 17

Cover New Zealand Yearbook of International Law

ISBN:: 9789004469693

出版社:: Brill | Nijhoff

印刷出版日期:: 12 Jul 2022

Subjects
- Human Rights and Humanitarian Law
  - Human Rights
  - Refugee Law
- International Law
  - International Law: General Interest
  - International Law: Regional Perspectives

Front Matter

Part 1 Articles and Commentaries

Part 2 The South Pacific

Part 3 The Year in Review

Part 4 New Zealand State Conduct

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Chapter 7 Crimes against Humanity?

A Critical Analysis of Article 1F(A) of the Refugee Convention in New Zealand

Abstract

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New Zealand Yearbook of International Law

Volume 17, 2019

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