ABSTRACT

This chapter will focus on international crimes, refugee exclusion, and the interplay between international criminal law (ICL) and international refugee law (IRL). The chapter will be divided into three parts. The first part of the chapter will examine the area of international law where ICL and IRL are linked most directly: Article 1F of the 1951 Convention Relating to the Status of Refugees, exclusion from Convention refugee status. The second part of the chapter deals with the specific situation of those who are acquitted and sentenced by international courts. Examining this post-trial phase reveals the incomplete nature of ICL. International criminal justice is a one-sided exercise; it is premised on prosecution and adjudication, not on post-trial justice. The third part of the chapter will discuss the future of ICL, where I think it is going and what the impact could be on IRL. The chapter will argue that ICL, as a discipline, must become less insulated. Its impact and interaction with other areas of law and, in particular, human rights law and refugee law, should be studied and scrutinized. As a system of international criminal justice, it should not remain what it is now, criminal justice in a bubble.