The Protection of Stateless Refugees under International Criminal Law: A Proposal for Reform

The past decade has seen an increase in forced migration and displacement worldwide. Conflict, persecution, and extreme weather events may exacerbate pre-existing vulnerabilities, exposing people in forced displacement to human rights violations that may give rise to various international crimes. This is the case for stateless refugees, a minority group whose statelessness intertwines with their forced displacement. However, the international community has not effectively addressed the complexity of these crimes. This research project explores existing theoretical and legal frameworks for the protection of stateless refugees and critically analyses whether and how the current legal framework can protect them from international crimes. Using this analysis as a foundation, the research project focuses on the role that international criminal law could acquire in offering accountability and redress to stateless refugees for international crimes committed against them. By engaging with the existing debate concerning stateless persons and refugees and developing new theories of vulnerability that account for the multifaceted situation of stateless refugees, the research project identifies intersectional vulnerability as the key to understanding and tackling their plight and to offering them redress under international criminal law. This project contributes to the academic literature by employing a multidisciplinary, mixed-methods approach to identify gaps in the international legal literature and in the practice of international criminal law mechanisms. The research project, informed by the literature and the opinions of international law experts and advocates, offers both normative and policy recommendations on alternative pathways for the prevention, prosecution, and redress of international crimes committed against stateless refugees. This study also has significant socio-political implications, as it lays the groundwork for developing a more effective protection system for individuals with intersectional vulnerabilities.