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Diakité v Commissaire Général aux Réfugiés et aux Apatrides, Judgment, C-285/12, ECLI:EU:C:2014:39, [2014] OJ C93/6, ILEC 033 (CJEU 2014), 30th January 2014, Court of Justice of the European Union [CJEU]; European Court of Justice [ECJ]; European Court of Justice (4th Chamber)

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 27 May 2019

Whether Article 15(c) of Council Directive 2004/83/EC had to be interpreted as meaning that that provision offered protection only in a situation of ‘internal armed conflict’, as interpreted by international humanitarian law, and, in particular, by reference to Common Article 3 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, the Geneva Convention relative to the Protection of Civilian Persons in Time of War, and the Geneva Convention relative to the Treatment of Prisoners of War.

To what extent the criteria for determining whether an ‘internal armed conflict’ existed pursuant to Article 15(c) of Directive 2004/83/EC was to be given an interpretation independent of Common Article 3 of the Geneva Conventions.

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