Imminence in Refugee and Human Rights Law: A Misplaced Notion for International Protection

Abstract

This article is the first scholarly output of a major research project examining the notion of imminence in the law on international protection. It is the first piece of scholarship to identify an emerging trend, namely the introduction of imminence-whether invoked implicitly or explicitly-as a potential barrier to refugee status or complementary protection. The article analyses the jurisprudence of relevant international bodies and courts and critiques the validity of this notion as a tool for assessing States' protection obligations.

Safe Zones and the Internal Protection Alternative

“…The inquiry as to whether an individual is a refugee is forward-looking in nature but it is not clear how far forward the assessment may extend and to what extent and whether the harm feared must be imminent. 85 Moreover, it is very difficult to predict whether a proposed IPA is in fact safe and/or accessible, and whether it will remain so. This difficulty is compounded when the proposed IPA is a safe zone.…”