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Document Type

Article

Publication Date

Summer 8-1-2020

Publication Citation

27 Indiana J. Global Legal Studies 391 (2020)

Abstract

Analyzing the past use of temporary protection status to shield

those facing "ethnic cleansing, massacres, mass rapes, and cultural

vandalism" is fundamental in understanding how this tool can be

utilized to protect modern refugees, and why EU members have refused

to implement this status further. In other words, should temporary

protection status, considering the legal framework and the

socioeconomic effects, be granted to Syrian refugees? This note argues in

favor of granting temporary protection status to Syrian refugees

because the status (1) offers a recourse for displaced persons that would

not be covered by traditional legal protections, (2) produces quicker

results, and (3) grants refugees with basic human rights not currently

available in their home country.

Part I of this note describes how the ethnic tensions led to the

Yugoslavian war, which generated internal and external displacement.

Part II explains the EU response by setting a precedent for temporary

protection status and describes the advantages and disadvantages of

temporary protection status. Part III shows the modern picture of

temporary protection status, including its benefits and drawbacks. Part

IV illustrates the Syrian refugee crisis, and its similarities to the former

Yugoslavian refugee crisis. Finally, Part V argues that just as

temporary protection status was granted to Yugoslavian refugees, so too

should it be granted to Syrian refugees today.

Available for download on Sunday, August 01, 2021

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