7 - Conclusion

Summary

The Conclusion summarises the findings and makes recommendations for interpreting the Refugee Convention in a manner that better responds to the characteristics of contemporary armed conflicts. The effective international protection of persons fleeing contemporary armed conflicts would require a shift in assumptions and consideration of evidence that goes beyond the conventional warfare perspective currently adopted by appellate authorities in EU MS to focus instead on the gendered dynamics of violence. The book recommends a more detailed examination of armed groups’ strategies and tactics in conflicts, including their means, as this provides a better understanding of their reliance on violence against civilians to control populations and territories and support the financial costs of fighting. Examining the tactics and means of parties to conflicts locates a logic in the choice of violence leading to highly visible forms of human rights violations. This, in turn, enables the conceptualisation of particular incidents, such as kidnappings or sexual violence and rape at checkpoints, as strategic choices of violence rather than criminal by-products of conflicts. Thus, better understanding the dynamics of violence in conflict helps identify the Refugee Convention reasons for persecution and highlights the increasing importance of imputed Refugee Convention grounds.