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International Journal of Refugee Law Advance Access originally published online on August 28, 2009
International Journal of Refugee Law 2009 21(3):453-507; doi:10.1093/ijrl/eep013
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© The Author (2009). Published by Oxford University Press. All rights reserved. For Permissions please email: journals.permissions@oxfordjournals.org

War Criminals Not Welcome; How Common Law Countries Approach the Phenomenon of International Crimes in the Immigration and Refugee Context

Joseph Rikhof*

* Senior Counsel and Manager of the Law, Crimes against Humanity and War Crimes Section of the Department of Justice, Canada; part-time Professor in International Criminal Law, Faculty of Common Law, University of Ottawa, Canada. The opinions expressed in the article are of the author and do not necessarily represent the positions of the Department of Justice or the Government of Canada

This article is a comparative analysis of the approaches taken in Australia, Canada, New Zealand, the United Kingdom and the United States to deal in the immigration and refugee law context with persons who have been involved in genocide, war crimes and crimes against humanity. Concepts such as international crimes, complicity and defences will be examined from both a legislative and jurisprudential perspective, while in the conclusion the various national methods will be scrutinized, both in relation to the other countries and in the use of and contribution to international criminal law.


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