The UN Charter, the Refugee Convention and the Responsibility to Protect Doctrine

This book investigates three key frameworks applicable to the protection of asylum seekers and refugees: the Charter of the United Nations, the Convention Relating to the Status of Refugees, and the Responsibility to Protect doctrine. Through rigorous analysis, it reveals how the current international refugee protection regime embodies a narrow, reactive approach, and makes a compelling case that protection should also be preventative.

While demonstrating that these three frameworks can work to protect refugee rights adequately, the author identifies significant normative challenges. The research exposes discrepancies and contradictions that potentially undermine the frameworks' effectiveness in protecting vulnerable populations. Building on this, the book advocates for establishing a preventative protection regime grounded in the normative principles of these frameworks. For this, it articulates an R2P Preventative Assessment Tool that integrates the development of protection plans alongside risk assessments. This book posits that shifting the focus of protection toward prevention could assist in minimising the impact of mass atrocities, armed conflict, and/or humanitarian interventions.

This thought-provoking monograph will appeal to academics, researchers, students, practitioners, policymakers, and non-governmental stakeholders, including UN officials. Its interdisciplinary approach spans refugee studies, human rights, international relations, international organisations, and global governance. Readers interested in the development and evolution of international legal norms, the UN's navigation of sovereignty and displacement issues, and atrocity prevention will find this work particularly valuable.