Kneebone, Susan --- "Refugees and Displaced Persons: The Refugee Definition and ‘Humanitarian’ Protection" [2010] ELECD 198; in Joseph, Sarah; McBeth, Adam (eds), "Research Handbook on International Human Rights Law" (Edward Elgar Publishing, 2010)

Book Title: Research Handbook on International Human Rights Law

Editor(s): Joseph, Sarah; McBeth, Adam

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847203687

Section: Chapter 9

Section Title: Refugees and Displaced Persons: The Refugee Definition and ‘Humanitarian’ Protection

Author(s): Kneebone, Susan

Number of pages: 26

Extract:

9. Refugees and displaced persons: the refugee
definition and `humanitarian' protection
Susan Kneebone*



Humanitarian: Having regard to the interests of humanity or mankind at large.1

The vast majority of refugees are . . . unprotected under codified international law.
They are `humanitarian' refugees who seek shelter from conditions of general
armed violence . . . or simply bad economic conditions.2

[H]umanitarianism is the ideology of hegemonic states in the era of globalisation
marked by the end of the Cold War and the growing North­South divide . . . [T]he
Northern commitment to humanitarianism coexists with a range of practices which
violate its essence.3

1 Introduction
The discussion in this chapter was inspired by a talk by a distinguished Italian
academic who was agonising over Italy's refugee `crisis', which involves
increased numbers of persons attempting to reach Italy by sea from North
Africa and eastern Europe.4 In this speech the academic made use of a distinc-
tion between `refugees' and `humanitarian entrants'. In particular, it was


* My thanks to Karen Spitz for her research assistance in connection with this
chapter, and to Sarah Joseph for her helpful comments. I am responsible for any
remaining misconceptions.
1 C T Onions (ed), The Shorter Oxford English Dictionary On Historical
Principles (3rd ed, Clarendon Press, Oxford, 1973) 995.
2 K Hailbronner, `Non-Refoulement and "Humanitarian" Refugees: Customary
International Law or Wishful Legal Thinking?' (1985­86) 26 Virginia Journal of
International Law 857.
3 B S Chimni, `Globalization, Humanitarianism and the Erosion of Refugee
Protection' (2000) ...