This project studies the legal meaning of 1F of the Refugee Convention (exclusion clause) and its link to international criminal law. It conducts research on all three exclusion clauses to determine the provision’s scope, which is currently unclear. The reference to “international instruments” in subparagraph 1F(a) has led to an import of broad liability theories when interpreting “committing”. Some adjudicators rely on broad concepts of membership liability, drawn from the Nuremberg Tribunal cases, to exclude claimants. Mere membership of the secret services in Afghanistan can lead to refugee exclusion. Exclusion clauses scattered in other instrument: international (Universal Declaration) and regional (human rights) documents (e.g., EU Qualification Directive, Cartagena Declaration on Refugees, and Convention Governing the Specific Aspects of Refugee Problems in Africa) are part of the research. An important component of this study is its link  to the project on the concept of deserving of prosecution/punishment. The results of this project on undeserving of protection will be linked to the typology drawn up in the project  on ‘The Outer Limits of Criminal Conduct’ to enable a ‘normative recalibration’ of undeserving.  

Researcher: Rory Sugrue