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A Question of Definition - The Concept of Internal Armed Conflict in the Swedish Aliens Act

Magnusson, Jennie LU (2008) In European Journal of Migration and Law 10(4). p.381-409
Abstract
Fleeing the horrors of an internal armed conflict constitutes a ground for subsidiary protection under the Qualification Directive and in the Swedish Aliens Act. However, what is to be defined as such a conflict is disputed. This is obvious within the European context from the inconsistent interpretations of for example the situation in Iraq amongst Member States. In Sweden, the Migration Court of Appeal established the situation in Iraq as severe, but as not amounting to an armed conflict. In France and Great Britain however, Iraq is regarded as such a conflict. The argument of this article is that the concept of internal armed conflict in the Swedish Aliens Law is incoherent and inadequate. This is due to the fact that the Swedish... (More)
Fleeing the horrors of an internal armed conflict constitutes a ground for subsidiary protection under the Qualification Directive and in the Swedish Aliens Act. However, what is to be defined as such a conflict is disputed. This is obvious within the European context from the inconsistent interpretations of for example the situation in Iraq amongst Member States. In Sweden, the Migration Court of Appeal established the situation in Iraq as severe, but as not amounting to an armed conflict. In France and Great Britain however, Iraq is regarded as such a conflict. The argument of this article is that the concept of internal armed conflict in the Swedish Aliens Law is incoherent and inadequate. This is due to the fact that the Swedish interpretation is based upon international humanitarian law, a law which provides an unclear and anachronistic concept of internal armed conflict. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
subsidiary protection, Sweden, international humanitarian law, Internal armed conflict, Directive, Qualification
in
European Journal of Migration and Law
volume
10
issue
4
pages
381 - 409
publisher
Brill Academic Publishers
external identifiers
  • wos:000262073400001
  • scopus:68249149379
ISSN
1388-364X
DOI
10.1163/157181608X376863
language
English
LU publication?
yes
id
af05294d-b5d5-4ec6-a576-ffd55158a5fc (old id 1376246)
date added to LUP
2009-06-18 13:26:40
date last changed
2017-11-12 03:19:59
@article{af05294d-b5d5-4ec6-a576-ffd55158a5fc,
  abstract     = {Fleeing the horrors of an internal armed conflict constitutes a ground for subsidiary protection under the Qualification Directive and in the Swedish Aliens Act. However, what is to be defined as such a conflict is disputed. This is obvious within the European context from the inconsistent interpretations of for example the situation in Iraq amongst Member States. In Sweden, the Migration Court of Appeal established the situation in Iraq as severe, but as not amounting to an armed conflict. In France and Great Britain however, Iraq is regarded as such a conflict. The argument of this article is that the concept of internal armed conflict in the Swedish Aliens Law is incoherent and inadequate. This is due to the fact that the Swedish interpretation is based upon international humanitarian law, a law which provides an unclear and anachronistic concept of internal armed conflict.},
  author       = {Magnusson, Jennie},
  issn         = {1388-364X},
  keyword      = {subsidiary protection,Sweden,international humanitarian law,Internal armed conflict,Directive,Qualification},
  language     = {eng},
  number       = {4},
  pages        = {381--409},
  publisher    = {Brill Academic Publishers},
  series       = {European Journal of Migration and Law},
  title        = {A Question of Definition - The Concept of Internal Armed Conflict in the Swedish Aliens Act},
  url          = {http://dx.doi.org/10.1163/157181608X376863},
  volume       = {10},
  year         = {2008},
}