Thursday, May 5, 2016
Immigration Article of the Day: Displaced: A Proposal for International Law to Protect Refugees, Migrants, and States by Jill I. Goldenziel
Displaced: A Proposal for International Law to Protect Refugees, Migrants, and States by Jill I. Goldenziel, Harvard Kennedy School; Harvard University April 21, 2016 Berkeley Journal of International Law (BJIL), Forthcoming
Abstract: How can international law better protect both international security and the human rights of people fleeing violence? International refugee law protects only the refugees: those fleeing across borders due to a well-founded persecution on the basis of race, religion, nationality, political opinion, or membership in a particular social group. The world’s other 42.3 million people displaced by violence have few protections under international law. This article proposes and sketches new international law to address this crucial human rights problem. I argue that a new Displaced Persons Convention to protect people fleeing violent conflict is needed to supplement the 1951 Refugee Convention. The Refugee Convention must be preserved because of the critical protections it provides for the rights of minorities and political dissidents. Adding a new Displaced Persons Convention would better protect the human rights of individuals fleeing violent conflict and state failure, further state interests, and improve international security.