Case summaries
Germany - Federal Administrative Court, 24 June 2008, 10 C 43.07
Country of applicant:
Iraq
Keywords:
Indiscriminate violence, Internal protection, Serious harm, Subsidiary Protection, Internal armed conflict
This case concerns the definition of the term “internal armed conflict” within the meaning of Art 15 (c) of the Qualification Directive:
- When defining the term “international or internal armed conflict” as set out in Art 15 (c) of the Qualification Directive one has to take into account international law, in particular the four Geneva Conventions on International Humanitarian Law of 12 August 1949 and the Additional Protocols of 8 June 1977.
- An internal armed conflict within the meaning of Art 15 (c) of the Qualification Directive does not necessarily have to extend to the whole territory of a state.
- An examination of the requirements for subsidiary protection under Art 15 (c) of the Qualification Directive is not precluded if the authorities have issued a general “suspension of deportation”.
Date of decision:
24-06-2008
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 15 (c),Art 2 (e),Art 18,Art 24.2,Art 2 (k),Art 17,Art 8.1,Art 8.2,Recital 25,Recital 26,Recital 11