caa a22 4500 397580940 CHVBK 20180308164907.0 cr unu---uuuuu 161202e199601 xx s 000 0 eng 10.1093/ijrl/8.1-2.111 doi (NATIONALLICENCE)oxford-10.1093/ijrl/8.1-2.111 WEISMAN NANCY Article 1F(a) of the 1951 Convention Relating to the Status of Refugees in Canadian Law [Elektronische Daten] [NANCY WEISMAN] Drawing on the Charter of the International Military Tribunal, the judgments of the tribunal and later developments, this paper examines the interpretation of article 1F(a) of the 1951 Convention relating to the Status of Refugees in Canadian law. Article 1F(a) has been incorporated into domestic law, and must therefore be applied and interpreted by Canadian courts and tribunals responsible for the determination of refugee status or sitting in appeal or review. In addition to examining the historical origins of the rule excluding those whom there are serious reasons to believe have committed crimes against peace, crimes against humanity, and war crimes, this paper makes extensive use of a substantial body of case law emerging from the Convention Refugee Determination Division of the Immigration and Refugee Board and from the Federal Court of Canada. It shows how the notion of war crime has grown beyond acts committed in international conflict, to cover also those committed during a civil war. With examples from countries that have suffered conflict or oppressive regimes, the author also illustrates the range of activities that may be considered as excludable crimes, including torture and murder or persecution of civilians or opponents. Various possible defences are examined, including superior orders and duress, as well as the issues of complicity and responsibility of superiors. The author notes that the notion of ‘balancing' the gravity of the crime committed against the severity of the persecution feared has been rejected by Canadian courts. © Oxford University Press Articles nationallicence International Journal of Refugee Law Oxford University Press 8/1-2(1996-01), 111-143 0953-8186 8:1-2<111 1996 8 reflaw https://doi.org/10.1093/ijrl/8.1-2.111 text/html Onlinezugriff via DOI 1 research-article jats NATIONALLICENCE 856 40 https://doi.org/10.1093/ijrl/8.1-2.111 text/html Onlinezugriff via DOI NATIONALLICENCE 100 1- WEISMAN NANCY NATIONALLICENCE 773 0- International Journal of Refugee Law Oxford University Press 8/1-2(1996-01), 111-143 0953-8186 8:1-2<111 1996 8 reflaw Metadata rights reserved CC BY-NC-4.0 http://creativecommons.org/licenses/by-nc/4.0 nationallicence BK010053 XK010053 XK010000 NATIONALLICENCE NATIONALLICENCE NL-oxford