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The Holocaust as a Reference Point In Refugee Case Law

Advocate and ARDC Board Member Ian Jaffe recently published his dissertation in Refugee Case Law utilizing the Holocaust as a focal point.

This paper discusses refugee law cases where substantive reference, by way of analogy to The Holocaust is made. Apart from being perhaps the prime example in modern times of mass persecution and genocide, the Holocaust and similar events in World War Two were significant contributing influences on the drafting of the 1951 Refugee Convention. Quantitative research on Israeli refugee law judgments as well as a selected review of cases revealed little substantive use of Holocaust analogy. Such substantive use was, although not widespread, found in several English speaking jurisdictions. The paper suggests that comparison and or analogy to events in the Holocaust is a useful tool, at least as obiter dictum, in Refugee Law cases (Jaffe 2017).*

Read the full publication here.

ARDC is continually grateful to Ian for his dedication to the refugee and asylum-seeker community in Israel. Thank you Ian, and Mazal Tov!

* Jaffe, Ian, 'The Holocaust as a Reference Point in Refugee Case Law'. (2017).

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