Abstract:

The 1951 Geneva Convention defines the status of a refugee to persons who claim to be persecuted on the basis of legitimate grounds in their country, while the status of a refugee shall be granted in cases where the State is not willing to protect or is unable to protect them, and the status of persons who committed severe crimes shall be excluded from this status. This is a clear situation for the protection of public security in the refuge country if the criminals should not be sent without punishment. However, what is critical for children’s soldiers who are seeking asylum is the fact that they will not be able to access protection even if they carry the conditions that suit the refugee definition, and especially the fact that the Refugee Convention refuses to protect it “for the presence of severe crimes”. This study will analyze the conditions of departure from international protection as set out in Article 1(F) of the 1951 Geneva Convention and will also assess the situation of children's soldiers not subject to a separate arrangement with the provisions of this Article in the context of the Refugee Law.

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