{"title":"The New Canadian Law of Refugee Exclusion: An Empirical Analysis of International Criminal Law Deportation Orders, January 2018 to July 2020","authors":"S. Wallace","doi":"10.1163/15718123-bja10136","DOIUrl":null,"url":null,"abstract":"\nPerpetrators of war crimes and crimes against humanity, and senior officials in notorious government regimes, can be deported from Canada. This study reports on the first complete and systematic empirical analysis of all finalized international criminality deportation cases in Canada. The analysis, a review of deportation cases finalized between January 2018 and July 2020, shows that Canada is using deportation law in place of, and instead of, refugee exclusion law. This means that scholars interested in Canadian refugee exclusion should play close attention to deportation law. This study also found that international criminality allegations were usually made against people for their involvement in problematic police, prison, or military institutions. Most international criminality deportation investigations were minimal and revolved almost entirely around a person’s self-disclosures. This article concludes with a discussion about how deportation law and process makes international criminal law unique in the deportation context.","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":" ","pages":""},"PeriodicalIF":0.8000,"publicationDate":"2022-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Criminal Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15718123-bja10136","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
引用次数: 1
Abstract
Perpetrators of war crimes and crimes against humanity, and senior officials in notorious government regimes, can be deported from Canada. This study reports on the first complete and systematic empirical analysis of all finalized international criminality deportation cases in Canada. The analysis, a review of deportation cases finalized between January 2018 and July 2020, shows that Canada is using deportation law in place of, and instead of, refugee exclusion law. This means that scholars interested in Canadian refugee exclusion should play close attention to deportation law. This study also found that international criminality allegations were usually made against people for their involvement in problematic police, prison, or military institutions. Most international criminality deportation investigations were minimal and revolved almost entirely around a person’s self-disclosures. This article concludes with a discussion about how deportation law and process makes international criminal law unique in the deportation context.
期刊介绍:
Thus there is also a need for criminological, sociological and historical research on the issues of ICL. The Review publishes in-depth analytical research that deals with these issues. The analysis may cover: • the substantive and procedural law on the international level; • important cases from national jurisdictions which have a bearing on general issues; • criminological and sociological; and, • historical research.