Complicity in International Criminal Law and Canadian Refugee Law: A Comparison |
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| Authors: | Rikhof Joseph |
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| Affiliation: | * Senior Counsel and Manager of the Law Crimes against Humanity and War Crimes Section Department of Justice, Canada and part-time professor in International Criminal Law at the University of Ottawa Faculty of Common Law. The opinions expressed in the article are of the author and do not necessarily represent the positions of the Department of Justice or the government of Canada. [ jrikhof{at}cyberus.ca] |
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| Abstract: | International criminal law is normally seen as the purview ofcriminal prosecutions, either internationally or domestically.However, international criminal law is also increasingly beingapplied in refugee law. This is because the 1951 Refugee Conventioncontains an exclusion clause prohibiting asylum seekers fromobtaining refugee status if they have committed a crime againstpeace, a war crime or a crime against humanity. Thus, refugeelaw refers back to international criminal law; however, whileinternational criminal tribunals deal with persons who bearthe greatest responsibility, in actual practice persons whohave been excluded from refugee protection have been mostlyfrom the lower echelons of organizations involved in atrocities.This article, based on Canadian case law, examines the conceptsof complicity, aiding and abetting and joint criminal enterprisefrom both an international criminal law point of view and froma Canadian refugee law angle, in order to determine whetherthese notions have similar contents in the two jurisdictions. |
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