Refugee Law and Criminal Prosecution: A Critical Analysis of Justice in Exile

When refugees from certain conflict-affected regions apply for asylum, authorities ask another question: could the applicant also be responsible for serious international crimes such as war crimes, crimes against humanity or genocide? As states expand the use of universal jurisdiction, immigration systems have become key sites for identifying and excluding suspected perpetrators.

This book examines how asylum law—particularly Article 1F of the 1951 Refugee Convention—is used to investigate, prosecute, and exclude foreign nationals suspected of international crimes. Focusing on Canada and comparing it with the Netherlands, Dr. Didem Doğar shows how immigration law is increasingly intertwined with criminal justice and national security policies.

Drawing on in-depth interviews with Canadian legal practitioners, the book provides rare insight into how these legal rules operate in practice and how they affect the lives of accused individuals and their families, especially when judicial authorities often overlook the profound effects of their decisions on these vulnerable populations. It argues that these mechanisms disproportionately affect non-citizens from the Global South and risk producing a stratified system of justice in the Global North.