William Thomas Worster, Persons Fleeing From the War in Ukraine and the Future of Emergency Protection, Status and Rights, 40 Wis. Int'l L.J. 423 (2023).
Abstract
As the conflict in Ukraine continues to worsen and individuals flee from the country, many face the next challenge of acquiring some form of recognition and protection in the states protecting them. The European Union (EU) is experimenting with a new approach that may serve as a model for others that sacrifices some of the protections of the Refugee Convention for speed and efficiency. While it borrows the same concepts, framework, and core rights from the Refugee Convention, it remains unclear whether that status and its rights will be interpreted and implemented in line with the traditional application of the Convention. It also remains unclear whether the new system serves to simply avoid refugee recognition at all. As this experiment unfolds, other states are
watching to see if adopting similar approaches would work for them. As an alternative, and in parallel, Europe may also begin considering Ukraine for EU membership, thus granting Ukrainians EU citizenship. Again, here such fast-tracked status would constitute an experiment, deviating from the typically slow EU accession process. Thus, the conflict in Ukraine, and the resulting influx of people fleeing the conflict, is triggering a highly experimental, emergency approach to providing protection, status, and rights that may serve as a model for other states in future situations of mass influx.
