Clare Hall Colloquium

Exclusion from Asylum on the Basis of Complicity in Serious International Crimes

James Simeon Associate Professor, School of Public Policy and Administration, York University, Toronto, Canada

Refugee protection is not granted to all those who are complicit in international crimes under Article 1F of the1951 Convention related to the Status of Refugees. The underlying moral and legal principle here is that those who are criminally liable for the commission of international crimes, and who are often responsible for the forced displacement that produces refugees, should not be the beneficiaries of a Convention intended to protect refugees. This presentation will seek to analyse comparatively the leading Supreme Court refugee jurisprudence dealing with exclusion on the basis of complicity in a number of common law jurisdictions as well as some international courts such as the European Court of Human Rights and the International Criminal Court (ICC).