ABSTRACT
Flight from conflict and other situations of generalised violence is a major reason for overall global displacement. Clarification of the scope of the respective protection status and the legal interpretation of the applicable instruments in the context of conflict is the first step in the correct determination and consistent implementation of the law in the host country. The conflict context or high levels of violence in the country of return pose a practical challenge to the identification and application of the different fields of law and their respective protection mechanisms. A more generalising approach to the determination of protection in both fields is not inherent and would only follow political, but not legal incentives. States’ reluctance to comply with the protection obligations to which they have voluntarily committed themselves has thwarted the underlying aspiration of the common European asylum system to become an encompassing and unique protection regime.
