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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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