Evaluating the Effectiveness of International Refugee Law: The Protection of Iraqi Refugees

Front Cover
Martinus Nijhoff Publishers, 2006 - Law - 333 pages
The legal instruments, on which refugees can rely to secure international protection, are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. Supported by soft laws which were developed by the international community during the past decades, they form the "protection regime for refugees" which is set to respond to all refugee situations. This book is an evaluation of the international response to a major protracted humanitarian situation. As such, it is the first comprehensive account and assessment of the effectiveness of international law in dealing with Iraqi refugees during the regime of Saddam Hussein. It contains detailed information and analysis of the history and behaviour of Iraq and its neighbouring states as regards refugees, as well as of the operations of international organizations, both inter-governmental and non-governmental, and legal responses to humanitarian needs. The factual context in which the legal analysis is presented grounds the legal theory.
 

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Contents

Introduction
1
2 Summary of Questions and Arguments
3
Description of the Situation
11
2 The Shiites of Iraq
15
3 The Mesopotamian Background
21
4 British Occupation and Mandatory Regime
22
5 The Politics of Iraq and its Government
23
6 Major Powers and the International Community
25
3 The Lacunae
172
4 Conclusion
181
B Protection for Refugees Compared to IDPs
183
2 Protection of IDPs under International Law
187
3 Guiding Principles on Internal Displacement
190
4 Refugee Protection versus IDP Protection
192
5 Treatment of IDPs by International Organizations
194
6 Refugees versus IDPs in Iraq
200

7 The Refugee Crisis of 1974 Detailed Account
26
8 The Refugee Crisis of 1988 Detailed Account
28
9 The Refugee Crisis of 1991 Detailed Account
34
10 The Refugee Crisis of 1996 Detailed Account
43
11 The Potential Refugee Crisis 2003
48
B Role of Neighbouring Countries
52
1 Kuwait
55
2 The Hashemite Kingdom of Jordan
58
3 The Syrian Arab Republic
63
4 The Kingdom of Saudi Arabia
66
5 The Islamic Republic of Iran
68
6 Republic of Turkey
76
7 Overall Assessment
84
C Existing Humanitarian Challenges in the Region
89
2 Iraq under Occupation
92
3 Conclusion
103
Law and Humanitarian Actors
105
1 The International Relief System and Refugee Population
106
2 Funding of UN Humanitarian Agencies
109
3 Iraq the Test Case
115
4 Role of NonGovernmental Humanitarian Actors
127
5 The 2003 War and the Occupation of Iraq
129
6 Overall Assessment
134
B Legal Terms of Reference
136
2 Legal Basis for Humanitarian Intervention in Iraq
144
3 Legal Obligations of Regional States
154
Applicability of International Law
159
1 The Definition
160
2 Treaty Obligations
169
7 Conclusion
204
C Deficiency in Addressing Mass Influx
207
2 Legal Eligibility of Mass Influx Refugees
215
3 Measures Applied to Recent Cases of Mass Influx
224
4 Conclusion
230
D The Principle of BurdenSharing
232
The EU Practice
237
3 Defining Burdensharing
239
4 Should Burdensharing be an Obligation?
240
5 Burdensharing in UNHCRs Global Consultations
245
6 Burdensharing in the Context of Iraq
247
7 Conclusion
248
E Relevance of Human Rights
249
2 Human Rights as Applied to Refugees
255
3 Adherence of States in the Region
258
4 Legal Relevance of Human Rights
262
5 Human Right of Refugees and Sanctions in Iraq
266
6 Conclusion
268
Efforts to Redress Shortcomings
270
2 Why Soft Laws?
272
3 Soft Laws Formulated to Redress Shortcomings
275
4 Soft Laws Formulated to Weaken Protection
299
5 Soft Laws and Precedents for the Post War Iraq
305
6 Conclusion
310
Evaluation and Recommendations
311
Selected Bibliography
317
Index
327
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About the author (2006)

M.R. Alborzi has served as a high-ranking diplomat and researcher for the past twenty years and is an expert on the United Nations and the Middle East. He holds a Ph.D. in law from the Swiss University of Neuchâtel and has contributed to the UNHCR in the process of development of the international protection regime for refugees.

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