<p>People in refuge face states with a dilemma. This dilemma consists of a wish (or obligation) to help those who need a refuge, and at the same time consider domestic issues such as financial costs and security problems. Thus, there are two perspectives which are important to consider when refugee policies are made. The aim of this paper is to see which perspective the EU had when making their migration policies. The question asked is: which perspective is behind the making of European refugee policy?</p><p>The theories realism and idealism are used to describe the conflicts in the making of European refugee policies. The method used is called qualitative text analyses in which you take out the most relevant information in the different parts of a text.</p><p>The results showed that it has been difficult for the European states to agree on a common European migration law. The agreements that have been made have made it more difficult for refugees to enter the European Union, that is, a protective politics have been made. This leads to the conclusion that EU: s refugee policies at large have been formed from a realist perspective to protect the interests of the national states.</p><p>Key words: European refugee politics, realism and idealism, Geneva Convention.</p>

The laws of war ha e existed e er since warfare began. The sources of these laws are much more diverse and complex than national laws. They include conventions such as the Hague & the Gene a Con entions to war crime special courts such as the Nuremberg War Trials. The laws of war have brought the international community together to limit the barbaric fighting that was practiced during armed conflicts. Today, however the post 9/11 world is dealing with a different kind of war. The war on terrorism that was lunched after the terrorist attacks of 9/11 certainly requires different rules and procedures and my study attempts to develop a new legislation that would effectively deal with the new challenges of the War on Terror. My thesis examines the different international documents that deal with issues arising during armed conflicts such as the treatment and prosecution of detainees. In addition, my study also considers the approach of the United States government to the war on terror. The Supreme Court case of Hamdan v. Rumsfeld 548 U.S. _ (2006) was the most important case as it deemed that many practices of the Bush Administration were unconstitutional and therefore a new approach was needed. I finally end with some recommendations that I strongly believe would strength our war on terrorism while respecting basic principles of justice and fairness.

Outrages committed during violent conflict and as part of the 'war on terror' are not only an affront to human dignity -- they also violate the Geneva Conventions. This book examines recent high-profile cases of repeated and open abuse of the Conventions. The contributors explore why these and related violations of international humanitarian law cannot be viewed as anomalies, but must be regarded as part of a pattern which is set to undermine the Geneva Conventions as a whole. The contributors argue that an international system in which there is diminishing legal restraint on the use of force means that the world will become less secure and more volatile, even for those in the most powerful countries. Individuals everywhere face the prospect of a horrifying vulnerability. This is the first scholarly yet accessible work to consider the meanings of outrages such as the normalisation of torture, as well as the worrying new normative, technical and tactical developments that challenge the purpose and standing of the Geneva Conventions.

Denna uppsats ämnar att undersöka arbetet med den gemensamma asyl policyn inom EU.Beslutet för policyn togs 1999 vid EU mötet i Finska Tammerfors och började med en plan på fem år.Jag vill i denna studie se vad som har hänt sedan 1999 och effekten av detta på personer som söker asyl inom EU:s gränser. Detta är ett interdisciplinärt arbete genom att jag ser på faktorer som de legala utvecklingarna genom vilka lagar som presenterats och implementerats samt ett frågeformulär som jag sänt till personer som jobbar för organisationer i samarbete med the European Council for Refugees and Exiles för att få deras syn på utvecklingen. Jag presenterar även statistik och diagram från the United Nations High Commissioner for Refugees för att illustrera mönster i utvecklingen av migrationsmönster. Utgångspunkten för harmoniseringen är att alla Medlems Stater ska behandla ansökningar om asyl på ett likvärdigt sätt, men under nuvarande omständigheter verkar det som att det finns stora skillnader i antalet ansökningar, antalet erkända flyktingar och vilken status som godkänns inom EU:s medlemsländer.Dublin regulationen uppfattas som ett orättvist verktyg mot asylsökanden eftersom staterna har olikheter i erkännandet och olika status för flyktingar. EU:s medlemsländer har en ganska lång väg kvar i harmoniseringsarbetet innan de kan hävda att de har likvärdig hantering av asylsökanden. / The aim of this study is to investigate the development of the Common European Asylum System which was called for at the Tampere European Council in 1999. The intention was to harmonize the legal standards of asylum seekers and refugees and coordinating the policies Thus, with this study I want to give an account as to what has happened so far and what effect this might have had on asylum seekers in the Member States of the European Union.This is done through an interdisciplinary approach by looking at the developments in the legal section as to what laws have been passed and implemented so far but also with a questionnaire sent to organizations working in connection to European Council for Refugees and Exiles aiming to understand their perception of the harmonization process. Further, I present statistics and diagrams taken from statistic publications of the United Nations High Commissioner for Refugees in order to illustrate patterns in the history of migration as to trends and patterns.The main idea of the harmonization process is that all Member States should treat asylum applications in a similar way. However at present there still seems to be major differences in the numbers of applications, the recognition rates and what status granted between the Member States of the European Union. The Dublin Regulation is perceived as an unjust tool against the asylum seekers since states have differences in the recognition and statuses. The Member States of the European Union still have a very long way to go in this harmonization process to claim equal treatment of asylum seekers.

This thesis focuses on political persecution as a reason for which international protection is granted. Firstly, it discusses what role persecution on political grounds has played in the past, and how the entitled person is provided with protection as a result. The following chapter assesses the way political persecution is included in the relevant international law norms, as well as European law norms, which are an important source of the legal regulation of granting international protection in the European Union. As an example of how Member States respect both international and European commitments in their national legislation, the thesis reveals the laws and regulations made applicable in the Czech Republic. The crux of this thesis centres around the interpretation of different terms which are crucial for granting international protection on political grounds. This is the imperative, determining factor of the decision-making process in individual cases. Chapter 4 compares the legal regulation of political persecution in two regional legal subsystems, European and Inter-American, and incorporating international and regional commitments in the national legislation on the American continent is demonstrated on the relevant US laws. Furthermore, the thesis deals with the question of whether...

Der Beitrag erinnert an das wechselvolle Leben des Friedensnobelpreisträgers Henry Dunant, sucht nach biografischen Wurzeln seines von Menschlichkeit und Würde getragenen Verhaltens und macht auf seine Leistungen aufmerksam. Er will aber auch die Frage nach der Bedeutung des humanitären Völkerrechts im Verhältnis von Krieg und Frieden nicht außer Acht lassen. / The article recalls the eventful life of the Nobel Peace Prize winner Henry Dunant, looking for biographical roots of his humanity and dignity and points to his achievements. It will also indicate the question of the importance of international humanitarian law in the relationship between war and peace.

The armed conflicts to humanity for centuries. Almost always the reason for armed conflict dominion over certain territories. If we focus on armed conflicts closest to us history, it is clear that these include first and second World War. These two wars have caused thousands of deaths on all sides and great hardship of the civilian population. After World War II it seemed that the end of armed conflicts. Nevertheless, followed by the war in Korea or Vietnam, where once again innocent civilians died. But this is more than fifty years of history. Unfortunately, the armed conflict is still repeated, and since 1990 there were more than a hundred and twenty. Although not a war of such magnitude, which is involved in the entire world, but they have also been responsible for hundreds of deaths. The trend of conflict after the Cold War is undoubtedly the killing of civilians. Unfortunately, the loss ratio for the armed forces and civilians dramatically changed. Particularly in Africa are relatively small losses on fighting units. But civilians are dying by the hundreds of thousands. Reasons for armed conflict after the Cold War are different. In most cases, however, it is the territory and related ethnic cleansing, or wealth, which are eg. in Africa diamonds. The purpose of my thesis was draw attention to the constant threats to fundamental human rights in armed conflicts are totally ignored. The theoretical part describes international humanitarian law, which should be the basis for armed conflict. And describes the basic principles of international humanitarian law and the types of armed conflict under international humanitarian law. The theoretical part also describes some of the articles of the Geneva Conventions and the Additional Protocols to the armed conflict since 1990 are the most commonly used and are very serious. Due to the number of armed conflicts since 1990, which was more than 120, is shown in the work of ten selected armed conflicts. In selected conflicts are described various war crimes that were committed against the civilian population. These crimes are similar in countries that are a common culture or mentality. In African countries is the same crimes. The difference is mostly in scale committing these war crimes. The same is true even in the conflicts in the former Yugoslavia. In this thesis were consumed interviews with some participants armed conflicts, which greatly helps us to better understand the war crimes that were committed during the armed conflict. Processing and evaluation of the results was done in MS Word and MS Excel.

People in refuge face states with a dilemma. This dilemma consists of a wish (or obligation) to help those who need a refuge, and at the same time consider domestic issues such as financial costs and security problems. Thus, there are two perspectives which are important to consider when refugee policies are made. The aim of this paper is to see which perspective the EU had when making their migration policies. The question asked is: which perspective is behind the making of European refugee policy? The theories realism and idealism are used to describe the conflicts in the making of European refugee policies. The method used is called qualitative text analyses in which you take out the most relevant information in the different parts of a text. The results showed that it has been difficult for the European states to agree on a common European migration law. The agreements that have been made have made it more difficult for refugees to enter the European Union, that is, a protective politics have been made. This leads to the conclusion that EU: s refugee policies at large have been formed from a realist perspective to protect the interests of the national states. Key words: European refugee politics, realism and idealism, Geneva Convention.

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Définie comme droit national puis comme droit communautaire depuis l’adoption de la Convention de Dublin en 1990 par les États membres, la politique d’asile de l’Union européenne est devenue indissociable de sa politique migratoire. Le contexte des arrivées massives d’exilés dans l’Union européenne au cours des années 2010 a permis à l’UE de renforcer l’intégration de la demande d’asile dans une politique sécuritaire en la hiérarchisant, la catégorisant et en renforçant l’externalisation de son traitement. Cependant, en confirmant le mécanisme « Dublin » qui appelle à la solidarité des États membres dans la prise en charge des demandeurs d’asile, l’Union européenne, qui formait jusque-là un bloc unifié institutionnellement autour des valeurs des droits de l’Homme et de la démocratie, est désormais traversée par des conflits qui laissent ouverte la question de l’intégration et du rejet des demandeurs d’asile et qui révèlent une crise plus large. / Defined as national law and then as Community law since the adoption of the Dublin Convention in 1990 by the Member States, the asylum policy of the European Union has become inseparable from its migration policy. The context of the mass influx of exiles into the European Union in the course of 2010 has allowed the EU to strengthen the integration of asylum demand into a security policy by prioritizing, categorizing and strengthening the outsourcing of its treatment. However, by confirming the « Dublin » mechanism which calls for the solidarity of the Member States in the care of asylum seekers, the European Union, which until then formed an institutionally unified blocaround the values of the human rights and democracy, is now crossed by conflicts that leave open the question of integration and rejection of asylum seekers and reveal a wider crisis.