Italy - Rome Court, 14 September 2012, No. RG 10952/2011
Keywords:
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Armed conflict
Description
A dispute involving the use of armed force between two or more parties. International Humanitarian law distinguishes between international and non-international armed conflicts.“An armed conflict exists whenever there is a resort to armed force between States or protracted armed violence between governmental authorities and organized armed groups or between such groups within a state”. |
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Subsidiary Protection
Description
The protection given to a third-country national or a stateless person who does not qualify as a refugee but in respect of whom substantial grounds have been shown for believing that the person concerned, if returned to his or her country of origin, or in the case of a stateless person, to his or her country of former habitual residence, would face a real risk of suffering serious harm as defined in Article 15 of 2004/83/EC, and to whom Article 17(1) and (2) of 2004/83/EC do not apply, and is unable, or, owing to such risk, unwilling to avail himself or herself of the protection of that country.” “Note: The UK has opted into the Qualification Directive (2004/83/EC) but does not (legally) use the term Subsidiary Protection. It is believed that the inclusion of Humanitarian Protection within the UK Immigration rules fully transposes the Subsidiary Protection provisions of the Qualification Directive into UK law. |
Headnote:
The concept of a local conflict as referred to in Article 14 of Legislative Decree 251/2007 c) and which is a sufficient reason for granting subsidiary protection should not be understood as applying only to civil war. It should cover all circumstances where conflicts or outbreaks of violence, whatever their origins, between opposing groups or various factions appear to have become permanent and ongoing and widespread, not under the control of the state apparatus or actually benefiting from cultural and political ties with this apparatus.
Facts:
The Applicant, a Pakistani citizen who had fled his country of origin, had come to Italy and submitted a request for international protection. Following a hearing before the Territorial Commission for the Recognition of Refugee Status, he was notified that the Commission had decided to reject his application. The Commission had decided that even the requirements for granting subsidiary protection by virtue of the situation in the country of origin had not been met. An appeal was submitted against this decision.
Decision & reasoning:
The Civil Court in Rome granted subsidiary protection on the basis of the situation of generalised violence that exists in Pakistan. In fact, on the basis of an interpretation of the requirements provided in the Act, the Judge considered the Applicant’s request, which included abundant supporting documentation (international reports), to be justified. In particular, the Judge held that there did not have to be a real civil war as such, but that it is sufficient if violence appears to have become permanent and ongoing and has spread to a significant degree.
Outcome:
Recognition of subsidiary protection.
Relevant International and European Legislation:
Cited National Legislation:
| Cited National Legislation |
| Italy - Legislative Decree No. 251/2007 |