2022•New Zealand Yearbook of International LawRequires access
Crimes against Humanity?
Claire McGeorge
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Abstract
In this article, the author discusses the impact of the allegations of having committed crimes against humanity in refugee applications under New Zealand law as well as international standards. It critically assessed the findings of the New Zealand tribunals and finds that in the past, there had been a tendency to inflate the scope of the ‘crimes against humanity’ exception by conflating participation in acts of war with participation in crimes against humanity. Recent New Zealand decisions have taken a more restrictive approach by applying the test of participation in crimes against humanity to the individual applicant rather than the whole group to which they belong. The author argues that this is more in line with the purpose of the ‘crimes against humanity’ exception in the Refugee Convention.