Reinforcing Refugee Protection in the Wake of the War on Terror

Abstract

This Article examines how the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) can be used as a practical tool to enhance the protection of persons who have fled their home States in search of asylum in the wake of the global “war on terror.” It compares and contrasts provisions of CAT to similar provisions contained in international refugee law. This Article contends that, in some respects, the protection provisions of CAT are wider than those found in international refugee law, and, in other respects, narrower than those found in international refugee law. It concludes by suggesting strategies for meeting the challenges ahead.