October 2017 - June 2018
Application start 1 March 2017
Application end 5 October 2017
Who is a refugee? What is the legal framework currently applicable to those fleeing states affected by armed conflicts like Syria, Iraq or Afghanistan? What are the related obligations of European states? This course analyzes the main international and regional legal norms governing refugee protection. It examines the sources of international refugee law, including the 1951 Geneva Convention Relating to the Status of Refugees, and their interaction with human rights law and international humanitarian law. It also analyzes the definition of a refugee under both the 1951 Geneva Convention and the Common European Asylum System, the principle of non-refoulement as well as asylum procedures. Particular attention is dedicated to the case law of State Parties to the 1951 Geneva Convention.
This course focuses on the interplay between international humanitarian law (IHL) and human rights law (HRL). It starts by examining the commonalities and differences between these two bodies of law, looking at their historical and philosophical origins as well as their different fields of application and monitoring bodies. Key issues such as the application of human rights in armed conflicts, the extraterritorial application of HRL and the different theories pertaining to the interplay between IHL and HRL, including in particular the lex specialis maxim, are addressed. Various rights and topics where the concrete interplay between IHL and HRL is particularly intricate, such as the right to life in armed conflicts – including the interplay between the conduct of hostilities and law enforcement paradigms – or detention in armed conflict situations, are discussed. Current challenges regarding the interplay between IHL and HRL in the context of occupation or in relation to drone strikes are also discussed.
This course provides a concise and systematic treatment of the peacebuilding process in post-conflict and fragile situations. It adopts a holistic definition of peacebuilding that includes social, political and economic dimensions. It also focuses on the role of the different stakeholders involved and emphasizes the importance of ownership and inclusiveness as well as the need to tailor the process to the specific peculiarities of each situation. The course critically examines the role, achievements and failures of the UN Peacebuilding Commission established in 2005, taking into account the report of the UN Advisory Group of Experts delivered in 2015. It then considers all components of the peacebuilding process in a systematic manner, with a view to offering an innovative approach combining the socio-political issues with economic growth in a sustainable development perspective. The last session of the course is devoted to a case study.