This project is about conceptualising a ‘right to start again’, based on ECtHR case law on an (emerging) right to hope. The project will propose alternatives to criminal law enforcement, including a resettlement scheme for those excluded from refugee protection whilst remaining unprosecuted for international crimes. Research insights and data from the projects WP1 (B-D) and WP2(E), feed into this project, clarifying the discretion there is to not prosecute, to know who falls short of ‘deserving’ of punishment’ yet is ‘undeserving’ under international refugee law (IRL). An updated imagery around enemy of mankind allows for developing a settlement system that is ICL and IRL compliant. The role someone played and the contribution to a crime should be central to the question whether he/she is deserving of punishment. This ‘role-principle’ of punishment is a good starting-point to address the current mismatch between IRL and IC and to propose a system of settlement and ‘leave to remain’. 

Researcher: Elies van Sliedregt