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

Perin, M; (2014) European and International Law and Palestinian Refugees: Bolbol, El Kott and the Application of Article 1D of the Geneva Convention. UCL Journal of Law and Jurisprudence , 3 (1) pp. 87-114. 10.14324/111.2052-1871.019. Green open access

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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.

Type: Article
Title: European and International Law and Palestinian Refugees: Bolbol, El Kott and the Application of Article 1D of the Geneva Convention
Open access status: An open access version is available from UCL Discovery
DOI: 10.14324/111.2052-1871.019
Publisher version: http://ojs.lib.ucl.ac.uk/index.php/LaJ/article/vie...
Language: English
URI: https://discovery.ucl.ac.uk/id/eprint/1470694
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