27 Indiana J. Global Legal Studies 391 (2020)
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.
"Temporary Protection Status: A Yugoslavian Precedent,"
Indiana Journal of Global Legal Studies: Vol. 27
, Article 9.
Available at: https://www.repository.law.indiana.edu/ijgls/vol27/iss2/9
Available for download on Sunday, August 01, 2021