Intersections of refugee law and international criminal law: The rise of impunity and host nation’s responsibility in pursuing justice on behalf of Asylum Seekers and Refugees under universal jurisdiction.

Abstract

‘Refugees are unquestionably a vulnerable group in our society and their plight calls for compassion.’ 1’Perpetrators responsible for the atrocities refugees suffer are seldom held to account. To date, justice systems and host nations have primarily focused on providing asylum to refugees and have consequently neglected to hold the perpetrators to account. This dissertation highlights this gap. Where countries of origin fail to execute justice on behalf of its citizens, host nations can step in using universal jurisdiction to break the cycle of impunity to ensure that a cycle of human rights violations is not perpetuated. With the increase in armed conflict and wars; the refugee problem will not be dissipating anytime soon, and it is crucial that there is a conversation on pursuing justice on behalf of refugees. Universal jurisdiction allows for states to prosecute crimes that have occurred beyond their borders thus making a way for receiving states to investigate and prosecute crimes in the refugee’s countries of origin. This paper will contribute to refugee law jurisprudence by shifting the focus from merely providing asylum to holding perpetrators accountable.