This paper will examine both the jurisprudence in international criminal law and domestic refugee law to assess the contours of the various forms of indirect liability, their overlap as well as some difficulties, which have been encountered in applying these principles of accountability.
Joseph Rikhof, Exclusion at a Crossroads: The Interplay between International Criminal Law and Refugee Law in the Area of Extended Liability, Research Paper No.22, UN High Commissioner for Refugees (UNHCR), June 2011, https://www.refworld.org/reference/lpprs/unhcr/2011/80451 [accessed 30 April 2026]
UN High Commissioner for Refugees (UNHCR), UNHCR letter to the parties relating to the case of JS (Sri Lanka) v. Secretary of State for Home Department pending before the Supreme Court of the United Kingdom, 8 December 2009, https://www.refworld.org/jurisprudence/amicus/unhcr/2009/71745 [accessed 30 April 2026]
on the interpretation of the Article 1F(a) exclusion clause; "persecutor of others" bar to asylum; individual responsibility requirement; defenses to criminal liability; duress.
UN High Commissioner for Refugees (UNHCR), UNHCR intervention before the Supreme Court of the United States in the case of Negusie, v. Mukasey, Attorney General, No. 07-499, 23 June 2008, https://www.refworld.org/jurisprudence/amicus/unhcr/2008/58167 [accessed 30 April 2026]
UN High Commissioner for Refugees (UNHCR), UNHCR intervention before the United States Court of Appeals for the Fifth Circuit in the case of Tiuang Ling Thang v. Gonzales, Attorney General, 21 February 2007, https://www.refworld.org/jurisprudence/amicus/unhcr/2007/32723 [accessed 30 April 2026]
Cambridge University Press (CUP), Summary Conclusions: Exclusion From Refugee Status, June 2003, https://www.refworld.org/policy/legalguidance/cup/2003/49611 [accessed 30 April 2026]
Geoff Gilbert, Current Issues in the Application of the Exclusion Clauses, Cambridge University Press (CUP), June 2003, https://www.refworld.org/reference/research/cup/2003/49725 [accessed 30 April 2026]
