Joseph Rikhof - Academia.edu (original) (raw)
Papers by Joseph Rikhof
Bergen journal of criminal law and criminal justice, Dec 31, 2014
Palgrave Macmillan UK eBooks, 2011
While the use of children as soldiers in times of war is not a recent occurrence, the last couple... more While the use of children as soldiers in times of war is not a recent occurrence, the last couple of decades have seen an enormous increase in not only the number of children involved in combat operations but also in the range of ages of such children, the variety of the means of their recruitment and the cruelty in their deployment.2 Unlike adults involved in armed conflict, children, because of their age, their victimization and limited appreciation of their actions, pose a unique situation when the question of their protection from becoming involved in such activities or the responsibility when committing such crimes during a war is raised.
The Canadian yearbook of international law, Apr 20, 2022
Frontiers in human dynamics, Apr 11, 2023
This article will discuss the relationship between International Criminal Law (ICL) and refugee l... more This article will discuss the relationship between International Criminal Law (ICL) and refugee law. The emphasis will be on the interplay between concepts developed in ICL with respect to war crimes and crimes against humanity, as well as the notion of extended liability on one hand and the exclusion provision in the Refugee Convention (Refugee Convention) on the other.
Laws
In any utopic vision of the international refugee protection regime at least these two conditions... more In any utopic vision of the international refugee protection regime at least these two conditions ought to prevail: (1) all those who are genuinely in need of refugee protection will be granted international protection; (2) all those who are responsible for criminality, especially, serious international crimes, shall be held criminally liable. This presumes that the so-called “exclusion clauses” of the 1951 Refugee Convention, Article 1F, and those found in the regional refugee rights instruments (1969 OAU Convention, 1984 Cartagena Declaration, 2011 EU Qualifications Directive) are not required. No one would be excluded from refugee protection who meets the definition of refugee as found in these international refugee rights instruments. By the same token, anyone who is responsible for serious criminality, especially, serious international crimes, (as defined by the 1998 Rome Statute of the International Criminal Court) shall be held criminally liable. This serves the ideal of brin...
Serious International Crimes, Human Rights, and Forced Migration, 2022
Research Handbook on Child Soldiers, 2019
Journal of International Criminal Justice, 2014
A introduction is presented in which the editor discusses various articles within the issue on to... more A introduction is presented in which the editor discusses various articles within the issue on topics including the laws of war and protection of war refugees, gender at the intersection of international refugee law and international criminal law, and human trafficking.
Research Handbook on International Refugee Law, 2019
The Criminalization of Migration, 2018
Smuggling of Migrants by Land, Sea and Air, which are part of the United Nations Convention again... more Smuggling of Migrants by Land, Sea and Air, which are part of the United Nations Convention against Transnational Organized Crime (Palermo Convention). 5 Regarding the use and the evolution of the terms 'displaced person' or 'externally displaced person' for asylum seekers, see I.
Terrorism and Asylum, 2020
African Journal of International Criminal Justice, 2020
Refuge: Canada's Journal on Refugees, 2001
This article explores the international and Canadian dimensions of the crossroads between crimina... more This article explores the international and Canadian dimensions of the crossroads between criminal law on one hand and the immigration and refugee law on the other, with special emphasis on the regulation and jurisprudence regarding criminal activities such as terrorism, organized crime, genocide, war crimes, and crimes against humanity. In addition to examining the context of international policy and the international criminal law in this area, the article also describes in detail the Canadian case-law in relation to the sections in the Immigration Act that address these types of serious criminality, such as the admissibility provisions and the exclusion clauses. At the same time, the policy of the Canadian government is coming to grips with its international obligations when dealing with persons involved in such criminal activities.
Laws, 2019
The 1951 Convention Relating to the Status of Refugees (“Refugee Convention”) defines ‘persecutio... more The 1951 Convention Relating to the Status of Refugees (“Refugee Convention”) defines ‘persecution’ based on five enumerated grounds: race, religion, nationality, membership of a particular social group, and political opinion. This list of protected groups has not changed in the nearly 70 years since its inception, although the political and social context that gave rise to the Refugee Convention has changed. This article examines how ‘membership in a particular social group’ (“MPSG”) has been interpreted, then surveys international human rights law, transnational criminal law, international humanitarian law, and international criminal law instruments to determine whether MPSG can encompass the broader protections afforded under other international law regimes. It concludes that the enumerated grounds are largely consistent with other instruments and protects, or at least has the potential to protect, many of the other categories through MPSG. However, as this ground is subject to d...
African Journal of International Criminal Justice, 2019
Journal of International Criminal Justice, 2017
Children and Armed Conflict, 2011
While the use of children as soldiers in times of war is not a recent occurrence, the last couple... more While the use of children as soldiers in times of war is not a recent occurrence, the last couple of decades have seen an enormous increase in not only the number of children involved in combat operations but also in the range of ages of such children, the variety of the means of their recruitment and the cruelty in their deployment.2 Unlike adults involved in armed conflict, children, because of their age, their victimization and limited appreciation of their actions, pose a unique situation when the question of their protection from becoming involved in such activities or the responsibility when committing such crimes during a war is raised.
Bergen journal of criminal law and criminal justice, Dec 31, 2014
Palgrave Macmillan UK eBooks, 2011
While the use of children as soldiers in times of war is not a recent occurrence, the last couple... more While the use of children as soldiers in times of war is not a recent occurrence, the last couple of decades have seen an enormous increase in not only the number of children involved in combat operations but also in the range of ages of such children, the variety of the means of their recruitment and the cruelty in their deployment.2 Unlike adults involved in armed conflict, children, because of their age, their victimization and limited appreciation of their actions, pose a unique situation when the question of their protection from becoming involved in such activities or the responsibility when committing such crimes during a war is raised.
The Canadian yearbook of international law, Apr 20, 2022
Frontiers in human dynamics, Apr 11, 2023
This article will discuss the relationship between International Criminal Law (ICL) and refugee l... more This article will discuss the relationship between International Criminal Law (ICL) and refugee law. The emphasis will be on the interplay between concepts developed in ICL with respect to war crimes and crimes against humanity, as well as the notion of extended liability on one hand and the exclusion provision in the Refugee Convention (Refugee Convention) on the other.
Laws
In any utopic vision of the international refugee protection regime at least these two conditions... more In any utopic vision of the international refugee protection regime at least these two conditions ought to prevail: (1) all those who are genuinely in need of refugee protection will be granted international protection; (2) all those who are responsible for criminality, especially, serious international crimes, shall be held criminally liable. This presumes that the so-called “exclusion clauses” of the 1951 Refugee Convention, Article 1F, and those found in the regional refugee rights instruments (1969 OAU Convention, 1984 Cartagena Declaration, 2011 EU Qualifications Directive) are not required. No one would be excluded from refugee protection who meets the definition of refugee as found in these international refugee rights instruments. By the same token, anyone who is responsible for serious criminality, especially, serious international crimes, (as defined by the 1998 Rome Statute of the International Criminal Court) shall be held criminally liable. This serves the ideal of brin...
Serious International Crimes, Human Rights, and Forced Migration, 2022
Research Handbook on Child Soldiers, 2019
Journal of International Criminal Justice, 2014
A introduction is presented in which the editor discusses various articles within the issue on to... more A introduction is presented in which the editor discusses various articles within the issue on topics including the laws of war and protection of war refugees, gender at the intersection of international refugee law and international criminal law, and human trafficking.
Research Handbook on International Refugee Law, 2019
The Criminalization of Migration, 2018
Smuggling of Migrants by Land, Sea and Air, which are part of the United Nations Convention again... more Smuggling of Migrants by Land, Sea and Air, which are part of the United Nations Convention against Transnational Organized Crime (Palermo Convention). 5 Regarding the use and the evolution of the terms 'displaced person' or 'externally displaced person' for asylum seekers, see I.
Terrorism and Asylum, 2020
African Journal of International Criminal Justice, 2020
Refuge: Canada's Journal on Refugees, 2001
This article explores the international and Canadian dimensions of the crossroads between crimina... more This article explores the international and Canadian dimensions of the crossroads between criminal law on one hand and the immigration and refugee law on the other, with special emphasis on the regulation and jurisprudence regarding criminal activities such as terrorism, organized crime, genocide, war crimes, and crimes against humanity. In addition to examining the context of international policy and the international criminal law in this area, the article also describes in detail the Canadian case-law in relation to the sections in the Immigration Act that address these types of serious criminality, such as the admissibility provisions and the exclusion clauses. At the same time, the policy of the Canadian government is coming to grips with its international obligations when dealing with persons involved in such criminal activities.
Laws, 2019
The 1951 Convention Relating to the Status of Refugees (“Refugee Convention”) defines ‘persecutio... more The 1951 Convention Relating to the Status of Refugees (“Refugee Convention”) defines ‘persecution’ based on five enumerated grounds: race, religion, nationality, membership of a particular social group, and political opinion. This list of protected groups has not changed in the nearly 70 years since its inception, although the political and social context that gave rise to the Refugee Convention has changed. This article examines how ‘membership in a particular social group’ (“MPSG”) has been interpreted, then surveys international human rights law, transnational criminal law, international humanitarian law, and international criminal law instruments to determine whether MPSG can encompass the broader protections afforded under other international law regimes. It concludes that the enumerated grounds are largely consistent with other instruments and protects, or at least has the potential to protect, many of the other categories through MPSG. However, as this ground is subject to d...
African Journal of International Criminal Justice, 2019
Journal of International Criminal Justice, 2017
Children and Armed Conflict, 2011
While the use of children as soldiers in times of war is not a recent occurrence, the last couple... more While the use of children as soldiers in times of war is not a recent occurrence, the last couple of decades have seen an enormous increase in not only the number of children involved in combat operations but also in the range of ages of such children, the variety of the means of their recruitment and the cruelty in their deployment.2 Unlike adults involved in armed conflict, children, because of their age, their victimization and limited appreciation of their actions, pose a unique situation when the question of their protection from becoming involved in such activities or the responsibility when committing such crimes during a war is raised.