European and International Law and Palestinian Refugees: Bolbol, El Kott and the Application of Article 1D of the Geneva Convention

Author: Marguerite Perin

  • European and International Law and Palestinian Refugees: Bolbol, El Kott and the Application of Article 1D of the Geneva Convention

    European and International Law and Palestinian Refugees: Bolbol, El Kott and the Application of Article 1D of the Geneva Convention

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Abstract

This paper explores the recent Court of Justice of the European Union (CJEU) judgments of El Kott and Bolbol, and the implications of those judgments on the interpretation and application of Article 1D. In the first part, I seek to give a brief overview of the purpose of Article 1D, as regards the Palestinian refugee population. I then go on to look at the interpretations adopted in the Bolbol and El Kott judgments of the CJEU. In the final part of this paper, I explore the difficulties of assessing indiscriminate violence in light of the CJEU judgments, by referring to the stance adopted by other international and national courts. In particular, I establish that requiring an individualisation of the risk goes against the purpose of Article 1D.

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How to Cite:

Perin, M., (2015) “European and International Law and Palestinian Refugees: Bolbol, El Kott and the Application of Article 1D of the Geneva Convention”, Journal of Law and Jurisprudence 3(1).

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Published on
26 Jul 2015
Peer Reviewed
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