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International Journal of Refugee Law Advance Access originally published online on April 15, 2008
International Journal of Refugee Law 2008 20(1):166-185; doi:10.1093/ijrl/een009
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© The Author (2008). Published by Oxford University Press. All rights reserved. For Permissions please email: journals.permissions@oxfordjournals.org

The Relevance of the Work of the International Criminal Court to Refugee Status Determinations

Matthew Smith*

This article considers the work of the International Criminal Court (ICC) and its overlaps with refugee law and practice. It focuses on ICC complementarity determinations. These involve the organs of the ICC considering whether a state is willing and able to prosecute individuals accused of international crimes. The article draws attention to the fact that such determinations provide information on the extent to which state legal systems are functional and non-discriminatory, and thus able to ensure that those who violate human rights are brought to justice. Such information, it is suggested, can and should be drawn upon in deciding whether there is a real chance that an applicant for refugee status will be able to receive the protection of their state through its justice system. The paper draws on this overlap between the work of the ICC and refugee law and practice to support its concluding recommendation that refugee practitioners should see, and take advantage of, the overlap between the work of the ICC and refugee status inquiries. It is suggested that this will help to ensure that persons deserving international protection get it. It will at the same time bring us another step closer to the development of a fully integrated system for the protection and promotion of human rights.

* BA, LLB (Hons), University of Otago, 2005. Barrister, Stout Street Chambers, Wellington, New Zealand.


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