1. INTRODUCTION
Sovereignty is the supreme authority and power that states have over their territories and what is within them. This paper will provide a brief history of the civil war in Somalia and will explain how it made many people flee to Kenya for security reasons. In international law, refugees have rights that require their host states to protect them. These rights are explained in both the international refugee law and the Kenyan refugee law. Although the Kenyan government is obliged to protect Somali refugees, it also needs to protect its territories form the threat posed by some refugees. Kenya's sovereignty allows it to choose whether to protect refugees at the cost of its national security.
Since sovereignty is about protecting …show more content…
It illustrates that Kenya and Somalia both signed this treaty to advance their own agendas. It then shows how the international community under the UNHCR responded to the crisis to ensure that both state sovereignty and refugee rights are respected in accordance with international law.
2. BACKGROUND TO THE CRISIS
There have been different reasons over the years that have led Somalis to seek refuge in Kenya. Insecurity in the country due to both the terrorist group Al-Shabaab and the civil war has been the major reason. Famine and drought in the country have also played a role, as explained in "Repatriation as a controversial concept" by Stanley Lauren.
According to the "Third World Resurgence: Understanding the sources of the Somali Civil War", the Somali civil war was a result of increased resistance from local groups in a quest for power and resources alongside foreign intervention and state repression by the military regime. The civil war has been going on since 1991 when the central government …show more content…
Refugee law is part of international human rights law and it is also closely related to international humanitarian law. Jastram and Achiron note that international humanitarian law gives provision for the protection of victims of armed conflict. The Geneva conventions and its protocols form the core of international humanitarian law. Article 44 of the Fourth Geneva Convention has a section that deals with refugee issues and Protocol I (1977) ensures the protection of refugees under the Geneva Convention's Part I and III (Jastram and Achiron,
Sovereignty is the supreme authority and power that states have over their territories and what is within them. This paper will provide a brief history of the civil war in Somalia and will explain how it made many people flee to Kenya for security reasons. In international law, refugees have rights that require their host states to protect them. These rights are explained in both the international refugee law and the Kenyan refugee law. Although the Kenyan government is obliged to protect Somali refugees, it also needs to protect its territories form the threat posed by some refugees. Kenya's sovereignty allows it to choose whether to protect refugees at the cost of its national security.
Since sovereignty is about protecting …show more content…
It illustrates that Kenya and Somalia both signed this treaty to advance their own agendas. It then shows how the international community under the UNHCR responded to the crisis to ensure that both state sovereignty and refugee rights are respected in accordance with international law.
2. BACKGROUND TO THE CRISIS
There have been different reasons over the years that have led Somalis to seek refuge in Kenya. Insecurity in the country due to both the terrorist group Al-Shabaab and the civil war has been the major reason. Famine and drought in the country have also played a role, as explained in "Repatriation as a controversial concept" by Stanley Lauren.
According to the "Third World Resurgence: Understanding the sources of the Somali Civil War", the Somali civil war was a result of increased resistance from local groups in a quest for power and resources alongside foreign intervention and state repression by the military regime. The civil war has been going on since 1991 when the central government …show more content…
Refugee law is part of international human rights law and it is also closely related to international humanitarian law. Jastram and Achiron note that international humanitarian law gives provision for the protection of victims of armed conflict. The Geneva conventions and its protocols form the core of international humanitarian law. Article 44 of the Fourth Geneva Convention has a section that deals with refugee issues and Protocol I (1977) ensures the protection of refugees under the Geneva Convention's Part I and III (Jastram and Achiron,