THE SUBSIDIARY PROTECTION IN ARMED CONFLICTS

The granting of international protection in France seems to be framed by numerous legal texts, codified in the CESEDA. From European origin, subsidiary protection type 3 allows asylum seekers, fleeing an area of armed conflict, to benefit from asylum in France. However, there is no consensus on the qualification and assessment of an armed conflict within the international system. This legal vacuum is reflected in the legal framework, leaving a wide margin of appreciation to judges to rule. The conditions for granting subsidiary protection relating to armed conflicts are therefore the result of a praetorian construction. Moreover, the multidimensionality of the right to asylum has given rise to numerous conflicts between international courts, particularly European, and national ones, seeking to define their own standards. French case law shows the large extent of the judge’s appreciation and how they are trying to emancipate from international law. However, the many decisions and judgments of the French courts do not seem to be fully based on the principle of impartiality, creating on the contrary, a political asylum law.