Common but Differentiated Responsibility in Climate and Genocide Cases - A Potential Distribution Mechanism for Extraterritorial Responsibility Refugee Protection

Abstract

The search for a more equitable and legally binding responsibility distribution mechanism in global refugee protection starts with the question what responsibility states bear for the protection of refugees and other forced migrants outside of their territory. Here I discuss two potential avenues within international law: the operationalised international law principles of cooperation and solidarity, based on their application in climate cases; and the Responsibility to Protect (RtoP) doctrine from international humanitarian law. The distribution mechanism they both apply might be useful to establish and define extraterritorial protection obligations of states towards refugees.

Keywords

• Human Rights
• extraterritoriale Schutzpflichten
• refugees
• Human Rights