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Part III The Right to Justice, C Restrictions on Rules of Law Justified By Action to Combat Impunity, Principle 25 Restrictions on the Right of Asylum

Colin Harvey

From: The United Nations Principles to Combat Impunity: A Commentary

Edited By: Frank Haldemann, Thomas Unger

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 16 July 2024

Asylum — Refugees — Immunity from jurisdiction — Truth and Reconciliation Commissions

Principle 25 deals with restrictions on the right of asylum. In the global struggle against impunity, Principle 25 takes account of the concern that the institution of asylum might be used to evade criminal justice and accountability. Its goal is to ensure that there are no ‘safe havens’ for war criminals and those who have committed crimes against humanity. The primary focus is on denial of status to make sure that the institution of asylum is not used to avoid facing the responsibility to challenge and combat impunity. This chapter first provides a contextual and historical background on Principle 25 before discussing its theoretical framework and how the exclusion clauses of refugee law have been applied in practice.

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